THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) (POSH) ACT, 2013 AND ITS COMPLIANCES
The POSH, Act, 2013 was introduced with an aim to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for related matters.
The POSH Act, 2013 stipulates that a woman shall not be subjected to sexual harassment at her workplace. Accordingly, it may be noted that in-order for a woman to claim protection under the POSH Act, the incident of sexual harassment should have taken place at the ‘workplace’.
- COMPLIANCE REQUIREMENts UNDER THE PoSH ACT, 2013 _ in brief:
- Constituting an Internal Complaints Committee (ICC) and Local Complaints Committee (LCC)
every employer with 10 or more employees must constitute an Internal Complaints Committee (ICC) within the organization to handle complaints of Sexual Harassment. A Local Complaints Committee (LCC) will be set up in each district to hear complaints from institutions where there are fewer than ten employees, or where the complaint is against the employer himself.
- Sexual Harassment Policy
The employer needs to prudently draft a sexual harassment policy and approval of the same by the Board of the Company.
Basic Details required to be entered while drafting POSH Policy:
- ICC Composition: names, designation and contact details of the ICC members.
- Acts which constitutes as a sexual harassment act
- The process for Resolution, Settlement, Prosecution, enquiry and trial procedure
- Committee Meetings
Convening meetings of the Internal Complaints Committee as and when required.
- Creating awareness
Briefing the employees (both males and females) about sexual harassment Act, Policy, consequences thereof via conducting orientation sessions or seminars.
- Filing of Annual Report under the Act:
The Internal/ Local Committee, as the case may be shall prepare an annual report in each calendar year and submit it to the employer and District Officer.
- Complaints Reporting in Annual Report:
Disclosures regarding compliance with POSH laws is required along with reporting number of sexual harassment complaints received in a year, the number of sexual harassment disposed off in the year and cases pending for more than 90 days, in its Annual Report.
- Investigation of the Complaints made to the Committee and submitting a report thereto;
- Assistance by the Company to the complainant in filing of FIR or complaint to the police, if required
The Main objective of POSH Act, 2013 is to Provide a safe and secure Environment to every woman, regardless of her age, designation, religion, employment status, and making the employer accountable for any Compliant / grievance.
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