How to Comply with the POSH Act in India
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”) is a landmark legislation in India aimed at ensuring safe and respectful workplaces for women. Compliance with the POSH Act is mandatory for organizations, and failure to adhere to its provisions can lead to hefty fines, reputational damage, and a hostile work environment. This blog outlines the key steps organizations must take to comply with the POSH Act, focusing on mandatory training, the formation of Internal Committees (IC), and reporting guidelines.
1. Conduct Mandatory POSH Training
Training is one of the fundamental requirements under the POSH Act to create awareness about sexual harassment and ensure compliance.
Key Requirements for Training:
- Employee Training: Organizations must conduct regular workshops or training sessions for employees to educate them about:
- What constitutes sexual harassment.
- Their rights under the POSH Act.
- Reporting mechanisms within the organization.
- Committee Training: Members of the Internal Committee (IC) must receive specialized training to effectively handle complaints, conduct inquiries, and ensure fair resolutions.
2. Form an Internal Committee (IC)
The POSH Act mandates the formation of an Internal Committee (formerly known as the Internal Complaints Committee) in every organization with 10 or more employees.
Composition of the IC:
- Presiding Officer: A senior woman employee of the organization.
- Internal Members: At least two members from among the employees, preferably committed to the cause of women’s rights or experienced in social work or legal knowledge.
- External Member: One member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment.
Key Responsibilities of the IC:
- Receive and investigate complaints of sexual harassment.
- Conduct fair and confidential inquiries in accordance with the principles of natural justice.
- Recommend appropriate actions against perpetrators, including disciplinary measures.
Important Notes:
- Ensure that at least half of the IC members are women.
- Display the names and contact details of the IC members prominently in the workplace.
3. Follow Reporting Guidelines
The POSH Act requires organizations to comply with specific reporting obligations to ensure transparency and accountability.
Internal Reporting:
- Maintain records of all complaints received, their inquiries, and resolutions.
- Submit an annual report to the employer containing:
- Number of complaints received.
- Number of cases disposed of during the year.
- Pending cases and the actions taken.
External Reporting:
- Organizations must include details of POSH compliance in their annual report filed with the Registrar of Companies (RoC) or relevant authority.
- If the organization does not prepare an annual report, the IC’s annual report must be submitted to the District Officer appointed under the POSH Act.
4. Implement a Comprehensive POSH Policy
A robust POSH policy is the foundation of compliance and must include:
- A clear definition of sexual harassment and examples of unacceptable behavior.
- The scope of the policy, covering employees, clients, vendors, and visitors.
- A detailed procedure for filing, investigating, and resolving complaints.
- Assurance of confidentiality and protection against retaliation for complainants.
Ensure the POSH policy is:
- Circulated to all employees.
- Displayed prominently at the workplace.
- Accessible in local languages if necessary.
5. Consequences of Non-Compliance
Failure to comply with the POSH Act can lead to penalties, including:
- A fine of up to INR 50,000 for non-compliance.
- Cancellation of business licenses or registrations for repeated violations.
More importantly, non-compliance can damage an organization’s reputation and undermine employee trust, leading to lower productivity and morale.
Need assistance in making your workplace POSH-compliant? Whether it’s drafting a robust POSH policy, conducting employee and IC training, or ensuring accurate reporting, our team of experts is here to help. Contact us today to take the first step toward building a safer and more inclusive workplace.