Updated on June 19, 2025 02:53:21 PM
POSH Act, 2013 also prescribes some fundamental guidelines for a safe and harassment-free workplace for women. POSH policy demands that every organization with ten or more employees make necessary provisions to form an internal committee to deal with sexual harassment complaints. It has to conduct fair inquiries, maintain confidentiality, and recommend appropriate action.
The policy mandates employers to have an explicit anti-sexual harassment policy clearly listing prohibited activities, procedures for lodging complaints, and consequences of their violation. Annual awareness programs and training of employees working in the Internal Committee, among others, are also required.
Besides, the POSH Act calls for an employer to maintain a safe environment at work by ensuring that no threat of harassment or retaliation threatens women's ability to work. The IC must submit annual reports on how many complaints were registered and what actions were taken.
Non-compliance with these POSH rules can continue to lead to fines, reputational damages, and, in extreme cases, revocation of business licenses. Thus, by following such rules organizations do not only ascertain the safety of the employees but also set up a workplace that is respectful as well as productive.
Under the POSH Act, 2013, Sexual Harassment is defined as any unwelcome sexually explicit verbal or physical conduct constituting a condition of submission to, conduct in which such submission is either explicitly or implicitly a term of consideration for, or a factor in decision affecting an individual's employment. It encompasses various forms of physical and non-verbal and verbal acts including unnecessary physical contact, observing or displaying obscene or pornographic materials, sexual innuendos, suggestive remarks on anatomical or sexual aspects, and unwelcome advances.
Such protection under the POSH Act classifies sexual harassment into two categories: quid pro quo, which states that there is a demand for sexual favors in exchange for job benefits, and a hostile work environment, wherein harassment itself creates a stressful or offensive environment. This protection is explicitly extended to women both in organized and unorganized sectors and even extends to places of work like offices, factories, shops, and electronic spaces like emails and messaging platforms. Therefore, under POSH, an Internal Committee needs to be formed in all organizations that have ten or more employees to address complaints. It will conduct inquisitions into complaints and recommend action against the perpetrator if harassment is confirmed.
The POSH Act applies to:
There is, therefore, a step-wise complaint filing process specified in the POSH policy. The complainant shall file a written complaint before the Internal Committee within three months from the date of the alleged incident. Notwithstanding any such reasons whatsoever, if the complainant cannot submit the complaint at any time, then her representative can do so on her behalf. The time provided above may also be extended for a further period of three months if the complainant provides any valid reason for such delay.
The POSH Act provides for strict penalties for employers who fail to comply with its provisions. Non-compliance can result in the following consequences:
Although the POSH Act is very holistic, the implementing process can be cumbersome and hence includes the following obstacles:
The POSH Act and the rules thereof are extremely important for safeguarding female workers at work from sexual harassment. Compliance with these provisions of the Act, thus not only a legal requirement but also marks a step forward toward a safer, more respectful, and inclusive workplace. The POSH policy's implementation provisions, include setting up an Internal Committee, spreading awareness, and conducting fair investigations.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
Frequently Asked Questions
The POSH Act, an abbreviation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, has been enacted to protect women against sexual harassment at workplaces and, therefore, enhance safety and respectfulness in working spaces.
A complaint must be filed within three months from the date of the incident or the last incident in a series of incidents. The Internal Committee can extend this period by another three months if it finds reasonable grounds for the delay.
Yes, confidentiality is of utmost importance. Identities of complainants, respondents, and any witnesses are to be kept confidential for the whole process. That would include the complaint content, evidence, and findings of the Internal Committee.
The POSH Act specifically aims at protecting women in the workplace from sexual harassment. Still, men and others belonging to the transgender category can look into some other provisions of Indian law as relief in case they are harassed.
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