PoSH Compliance India

The POSH (Prevention of Sexual Harassment) Act was implemented in India in 2013 to ensure a safe and secure work environment for women. The act encompasses various types of sexual harassment, such as physical, verbal, emotional, and online harassment. As per the act, all workplaces with more than 10 employees are required to comply with it. Despite this, many businesses are still non-compliant. 

To comply with the act, businesses need to take certain steps, such as creating a sexual harassment policy, appointing an Internal Complaints Committee, and conducting awareness training for employees.

Pre-documentation of a POSH complaint involves creating a written record of workplace harassment experienced by an employee, which can take the form of a diary entry, email, or any other document.

Documenting a POSH complaint has several benefits, including providing evidence in the event of legal action, holding the company accountable for addressing the issue, and ensuring a safe workplace for all employees.

To effectively pre-document a POSH complaint, it is essential to include all pertinent information, such as dates, times, names, and locations, and identify witnesses. The account should be clear and concise.
 

The Prevention of Sexual Harassment (POSH) Act is applicable to organizations with more than 10 employees. However, organizations with fewer than 10 employees can also choose to voluntarily comply with the provisions of the act.

Organizations that fall under the purview of the POSH Act must take necessary steps to prevent and address incidents of sexual harassment at the workplace. They are also responsible for creating a safe and secure work environment for women employees and providing protection against any form of sexual harassment.

In addition, organizations that voluntarily adopt the POSH Compliance Act must establish an Internal Complaints Committee (ICC) to investigate complaints of sexual harassment. The ICC must be led by a woman employee and have a minimum of 50% female members.

Non-compliance with the POSH Act may result in penalties under the Indian Penal Code and other relevant laws.
 

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, the Internal Complaints Committee (ICC) responsible for investigating a sexual harassment complaint (POSH Compliance) must maintain certain documents. 

These are the documents that the ICC needs to keep:

• The ICC must retain the written complaint submitted by the victim.
• Supporting evidence provided by the victim, such as emails or text messages, should also be preserved.
• All statements recorded during the inquiry, including those from witnesses, must be documented.
• The final report produced by the ICC after concluding its investigation must be kept on file.

As per the POSH Act, companies must take the following mandatory steps:

1. Appoint an Internal Complaints Committee (ICC): Every company with more than 10 employees must appoint an ICC. The committee must consist of at least 4 members, including a Presiding Officer who is a senior-level employee. At least 50% of the members must be women.
2. Display notice of sexual harassment policy: Companies must display a notice of their sexual harassment policy in a prominent place in the workplace. The notice should include the name and contact details of the ICC members.
3. Conduct awareness programs: Companies must conduct regular awareness programs for all employees on sexual harassment and the procedures for filing complaints under the POSH Act.
4. Prompt investigation of complaints: All complaints filed with the ICC must be promptly investigated, and action must be taken against the perpetrator if found guilty.

• The act applies to workplaces with over 10 employees.
• ICCs must be established in workplaces to investigate sexual harassment complaints.
• Employers must provide a safe and secure working environment for women, including access to CCTV cameras, security guards, and anti-sexual harassment policies.
• Employees can file a complaint with the ICC or directly with the police if they experience sexual harassment.
• Employers who do not comply with the POSH Act may be fined up to ₹50,000.

• POSH Compliance policies are being increasingly adopted by organisations to prevent and address sexual harassment in the workplace.
• These policies are comprehensive documents that outline the organisation's stance on sexual harassment, procedures for reporting and investigating complaints, and mechanisms for supporting employees who have experienced sexual harassment.
• Employees should be aware of their organisation's POSH policy and familiarise themselves with the procedures for making a complaint.
• If an employee experiences or witnesses sexual harassment, it is important to report it immediately and follow the specific steps outlined in the organisation's POSH policy.
• Once a complaint is made, the organisation will investigate and take appropriate disciplinary action against the perpetrator if found guilty. The victim will also be provided with support and counseling if needed.
• Having a POSH policy in place is crucial for creating a safe and respectful working environment for all employees.
• Filing Buddy can assist businesses in meeting their obligations under the POSH Act and creating a secure workplace for all employees.

The Prevention of Sexual Harassment (PoSH) Act in India requires companies with more than 10 employees to establish a PoSH Committee responsible for ensuring compliance with the Act. The committee is typically comprised of senior executives who investigate complaints of sexual harassment, take disciplinary action against offenders, and develop policies and procedures to prevent sexual harassment.

The PoSH Act was enacted to address the growing issue of sexual harassment in the workplace and set specific guidelines for how the committee must operate. The committee must meet at least once every three months and keep detailed minutes of its meetings, including complaints received, investigations conducted, and actions taken.

Non-compliance with the PoSH Act can result in fines and penalties for organizations. Victims of sexual harassment who are dissatisfied with their employer's PoSH Committee may file a complaint with the National Commission for Women or the State Women's Commission.
 

• Provide clear information to employees about government rules and regulations related to POSH compliance.
• Establish a committee to handle issues of sexual harassment, protect victims, and prevent future occurrences.
• Appoint a dedicated officer who is responsible for ensuring the organization follows all prevention policies set by the Ministry of Women & Child Development.
• Report complaints of sexual harassment effectively and keep minutes of every POSH compliance meeting.
• Raise awareness of the legal implications of sexual harassment and the potential penalties for violators.
• Create a safe environment where employees feel comfortable reporting incidents of sexual harassment.
• Implement an effective grievance redressal system to promptly address complaints of sexual harassment.
• Establish basic standards and steps to be taken when dealing with cases of sexual harassment in the workplace.
• Regularly monitor activities to ensure that the rules regarding POSH compliance are being followed effectively.

• 89% of organisations have implemented a POSH policy, marking an increase from 80% the previous year.
• 72% of organisations have established an Internal Complaints Committee (ICC), as mandated by law, a significant rise from 54% in the previous year.
• 58% of employees are familiar with the organisation's POSH policy, indicating a rise from 50% the previous year.
• 41% of employees feel at ease reporting sexual harassment, indicating an improvement from 33% in the previous year.

Every organization with more than 10 employees in India must comply with POSH regulations, and it is the employer's responsibility to create a safe working environment and prevent sexual harassment.

An Internal Complaints Committee (ICC) is responsible for handling sexual harassment complaints and taking appropriate action against the offender. Employers must establish an ICC if they don't have one.

Employees who experience sexual harassment at work can initiate the complaint process by submitting a signed complaint in writing or orally.

Once a complaint is filed, the ICC will investigate the matter and take disciplinary action against the offender if the harassment is confirmed. The victim will also be protected from any further harassment or retaliation from the offender or other employees, and the ICC may recommend transferring the victim to another department or location in some cases.