With workplace continuum transforming rapidly, (Prevention of Sexual Harassment) POSH Policy is becoming more vital than ever in lieu to provide a safe and welcoming environment for all workers. Organizations are increasingly aware of the need to prevent harassment and discrimination in the workplace through implementation of POSH policies to safeguard the rights of employees in all settings. In this blog article, we will examine what steps you can take to achieve POSH Compliance in your workplace, to create an environment where employees feel safe and are treated with dignity and respect.
The purpose of this article is to provide some background information on POSH Policy compliance at the workplace and to outline its importance in establishing a culture of safety, respect, and equality at the workplace. Establishing POSH compliance at the workplace is mandatory for all medium sized and large organizations to ensure the protection of women in their work settings under the guidance of experienced POSH consultants.
Whenever the employer does not adhere to the guidelines and procedures stipulated under the POSH Act, then liability will be conferred upon them, and they could be subject to imprisonment. Therefore, employers must comply with the Guidelines and Laws set forth in the POSH Act to ensure that they do not incur any penalties or must face further penalties or implications.
Table Of Content
POSH ACT Compliance - Overview
| POSH Policy Compliance at Workplace | Details |
|---|---|
| Full Form of POSH | Prevention of Women from Sexual Harassment |
| POSH Act enactment Year | 2013 |
| Purpose of POSH ACT | To prevent sexual harassment against women at workplaces |
| What is Covered under POSH Act |
|
| Responsibilities of Employer under POSH Act |
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| Key Elements of POSH Compliance |
|
| Steps to achieve POSH Compliance |
|
What is Meaning of the POSH Act?
Posh Act is a legislation framed by the Govt of India to protect and address the cases of sexual harassment against women at workplaces. POSH Act was enacted to safeguard and ensure safety of women employees at workplace from any kind of sexual violence and harassment act.
Prevention of Sexual Harassment (POSH) Act, refers to the legal framework established by the Government of India to prevent and address sexual harassment at workplaces
The POSH Act applies to all organizations, including private companies, educational institutions, and government entities, with ten or more employees
The POSH compliance framework outlines guidelines and procedures to prevent and redress instances of sexual harassment. It mandates the formation of Internal Complaints Committees (ICCs) responsible for addressing complaints and taking appropriate actions to create a safe working environment especially for women employees.
Who is Covered under the POSH Act
The POSH Act defines Sexual harassment as in:
- Unwelcome Physical contact
- Sexual coloured remarks
- Pornography
- Or any other unwelcome conduct of sexual nature
The POSH Act is applied to each and every individual in the organisation, including full-time, part-time, contractual employees, interns as well as volunteers. The POSH Act is applied to all types of organizations such as Private companies, government organizations,and other non-governmental organizations. This Act also requires setting up an Internal Complaints Committee (ICC) which is governed by the POSH Act.
Responsibilities of Employer under POSH Act
Under the POSH Act employers are responsible for:
- Drafting POSH compliance policies
- Implementing Policies and Procedures
- Prevent Sexual Harassment
- Provide POSH Training to employees and Managers
- Setup Internal Complaints Committee
- Address complaints of Sexual Harassment
If the employer fails to comply with rules and procedures mentioned in the POSH Act, they are penalised and may be punished with imprisonment as well. Therefore employers must act in accordance with the rules and laws mentioned in the POSH Act to avoid any severities and implications.
Duties of the Employer in the POSH Act
Organisations shall focus on certain core elements and areas to ensure the successful implementation of POSH compliance at the workplace:
- Policy Development: Developing a policy on sexual harassment outlining prohibited conduct, complaint procedures and disciplinary action which is comprehensive and clear.
- Awareness and Training: Providing regular awareness and training sessions to all employees to educate them about their rights and obligations as well as to sensitise them to sexual harassment issues.
- Formation of ICC: Creating an Internal Complaints Committee that includes both internal and external members who are knowledgeable about sexual harassment laws is essential to providing support to people who experience sexual harassment (POSH).
- Confidentiality and non-retaliation: Both confidentiality and protection from retaliation for reporting an incident are also necessary.
- Investigation of Complaints Promptly and Without Bias: When a complaint is made, investigators will conduct a complete Investigative process, including collection of evidence, interviewing witnesses and taking steps to correct misbehavior based on those findings.
- Corrective Action and Preventive Action: Investigators will implement the appropriate corrective action and preventive action to address any incidents of sexual harassment that have occurred, and to eliminate the likelihood of those incidents occurring in the future. Examples of corrective action could be the imposition of disciplinary action, counseling, training, etc.
Professional Utilities can assist your organization by creating a detailed POSH policy that complies with applicable laws and regulations.
Why Does POSH Compliance Matter?
Creating a Safer More Inclusive Environment
POSH compliance is essential for creating a safer, more inclusive work environment. It encourages people who experience sexual harassment to report that behavior without fear of reprisal. When employees feel safe and supported, they can perform well and make the best contributions possible to help the organisation succeed.
Legal & Moral Boundations
Businesses are legally and morally bound to ensure safety for all workers in the company. If an organisation fails to follow POSH (Prevention of Sexual Harassment) regulations, they could face severe repercussions by way of legal penalties, loss of prestige, and tarnishing employee's trust.
Implementation of POSH compliance at the workplace, organizations uphold their commitment to promoting equality, respect, and dignity in the workplace.
Increase in Employee Productivity and Engagement
Higher morale, job satisfaction and productivity are achieved when employees have a reduced risk of experiencing sexual harassment in their workplace environment. Employees who feel safe and respected are able to concentrate on their work and collaborate more effectively with coworkers.
When an organization values its commitment to preventing sexual harassment through compliance with existing laws, it creates a positive and supportive environment that encourages employee engagement and performance, resulting in increased productivity.
How to implement POSH compliance in the workplace
There are many steps that a workplace needs to take to comply with the POSH act/follow a POSH compliant workplace.
- Developing a POSH Policy: The first step to complying with the POSH act is developing a POSH Policy by the employer. The POSH Policy must outline the complete content and all processes/procedures. In addition, the POSH Policy must provide a definition of sexual harassment etc.
- Employer Responsibilities with Respect to Employee Training: The employer has responsibility to train employees on the employer's POSH Policy and inform employees of the consequences of violating such policies.
- Establishing a Proper Mechanism for Employees to Report Sexual Harassment: There should be an adequate mechanism established for an employee to complain about or report incidents of sexual harassment. This mechanism must include adequate safeguards to protect the confidentiality of the person making the complaint.
- Conduct Investigations on Complaints: After receiving a complaint from a victim of sexual harassment, the internal complaints committee must conduct a thorough investigation into the complaint. The members of the committee should have been trained on how to handle cases of sexual harassment and should understand the organisation's POSH Policy.
- Take Strict Action: If, through the investigation of the officer, the officer finds that the abusive incident occurred because of sexual harassment, the officer should take strict action against the perpetrator, including terminating their employment.
Conclusion
Organizations have a legal duty to promote POSH compliance at the workplace. Furthermore, organizations have a moral obligation to promote compliance with POSH in their workplace by creating an environment that is both safe and inclusive will create an organization with a culture of respect, equality and productivity.
By implementing and following The POSH compliance standards will not only be protective of the employees working there, but also help to build the organization’s credibility and reputation. It is essential for organizations to focus on compliance with POSH standards to improve THE WELFARE and DIGNITY of their collective work force.
Reach out to the team at Professional Utilities for assistance in drafting a policy that creates a comprehensive POSH policy based on your company's organizational structure and requirements.
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Frequently Asked Questions (FAQs)
What should an organization do to make their workplace
POSH compliant?
To create a POSH-compliant workplace, there are five important actions an organization must take:
- Create a written policy for prohibiting sexual harassment.
- Provide regular training and education so all employees understand their rights and responsibilities.
- Set up an internal complaints committee.
- Protect the confidentiality of the person making a complaint and the person accused of harassment.
- Provide a timely and objective investigation of all complaints.
Who should be a part of the Internal Complaints
Committee (ICC)?
Members of the Internal Complaints Committee (ICC) must include:
- A chairperson, preferably a female;
- Minimum one external participant from an outside organization that specializes in women’s rights and services such as a non-governmental organization (NGO); and
- Internal representatives from different departments, i.e., those with human resources (HR), administration, and employee representatives.
Can an organization be held legally liable for
non-compliance with POSH regulations?
Yes, organizations can be held legally liable for non-compliance with POSH regulations. Non-compliance with the POSH compliance framework could lead to legal consequences, such as fines, and could also result in legal cases being filed by victims of sexual harassment.
How can organizations create awareness among employees
regarding POSH compliance?
Organizations can create awareness among employees regarding POSH compliance by:
- Organizing training sessions for employees regarding the POSH Act.
- Posting posters and infographics in the organization that create awareness among employees regarding the POSH Act.
- Having discussions with employees regarding the POSH Act.
- Creating a reporting system for employees regarding sexual harassment.
What is POSH compliance at the workplace?
POSH compliance at the workplace refers to adherence to the POSH Act of 2013 by implementing policies, conducting training, setting up an ICC, and taking steps to ensure a safe, respectful, and harassment-free environment.
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