Introduction

Are you aware of the legal measures in place to combat sexual harassment in the workplace? The Prevention of Sexual Harassment (PoSH) Act, 2013, is a significant legislation in India designed to protect women from sexual harassment at their place of work.

This blog provides a comprehensive overview of the Posh Act, its importance, and the various training and certification options available to ensure compliance and awareness in 2024.

What is the Posh Act?

The Posh Act, officially known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is a crucial step towards creating safer work environments for women. Enacted in response to the increasing incidents of workplace sexual harassment, the act aims to provide a safe and secure working environment for women by preventing and addressing sexual harassment.

Under the Posh Act, every employer is required to provide a safe working environment and establish an Internal Complaints Committee (ICC) to address complaints of sexual harassment. The act covers all women, whether employed on a permanent, temporary, ad-hoc, or daily wage basis, and includes domestic workers, students, and patients.

Key Provisions of the Posh Act

The Posh Act outlines several key provisions to ensure comprehensive protection for women at the workplace:

• Definition of Sexual Harassment: The act provides a clear definition of what constitutes sexual harassment, including unwelcome acts such as physical contact, advances, demands for sexual favors, and any verbal or non-verbal conduct of a sexual nature. This comprehensive definition helps in understanding and identifying instances of sexual harassment effectively.
• Employer’s Duties: Employers are mandated to create a safe working environment, display information about the Posh Act, and organize regular workshops and awareness programs for employees. Additionally, employers must ensure that women employees are not disadvantaged in their careers due to complaints of sexual harassment.
• Internal Complaints Committee (ICC): Every organization with more than ten employees must constitute an ICC to handle complaints of sexual harassment. The ICC should include a presiding officer who is a woman employed at a senior level, two members committed to women’s cause or have legal knowledge, and one external member from an NGO or association committed to the cause of women. This diverse composition ensures fair and unbiased handling of complaints.
• Complaint and Inquiry Procedure: The act lays down a detailed procedure for filing complaints, conducting inquiries, and taking action against the harasser. It ensures confidentiality and protects the complainant from retaliation. The act stipulates a 90-day time frame for the completion of the inquiry, ensuring timely resolution of complaints.
• Penalties: Non-compliance with the Posh Act can result in fines and other penalties for employers, reinforcing the seriousness of adhering to the law. Employers who fail to comply with the provisions of the act may face a fine of up to INR 50,000, and repeated violations can lead to higher penalties and even cancellation of business licenses.

Importance of Posh Training

Posh training is critical for organizations to understand the intricacies of the Posh Act and ensure its effective implementation. Posh training helps in:

• Raising Awareness: Employees become more aware of what constitutes sexual harassment and how to address it. Awareness training helps in creating an informed workforce that can identify and prevent incidents of harassment.
• Building a Safe Workplace: Training fosters a culture of respect and safety, encouraging employees to report incidents without fear. It empowers employees to speak up and ensures that they know the correct channels to report any incidents.
• Legal Compliance: Regular Posh training ensures that the organization complies with the legal requirements of the Posh Act. Compliance with the act not only avoids legal penalties but also enhances the organization’s reputation as a safe workplace.

Posh Training for Employees

Posh training for employees typically includes modules on understanding sexual harassment, the complaint mechanism, the role of the ICC, and the importance of bystander intervention. Effective Posh training employs interactive methods such as workshops, role-playing, and case studies to engage employees and reinforce learning.

Additionally, many organizations are now using Learning Management Systems (LMS) to deliver Posh training. LMS platforms provide accessible, consistent, and trackable training solutions, ensuring that all employees can complete their training efficiently.

Posh Awareness

Raising Posh awareness is crucial for preventing incidents of sexual harassment. Strategies for promoting Posh awareness include:

• Regular Workshops: Conducting regular workshops and seminars to educate employees about their rights and responsibilities under the Posh Act. Workshops provide a platform for employees to ask questions and understand the nuances of the act.
• Information Campaigns: Using posters, emails, and intranet portals to disseminate information about the Posh Act and the procedures for filing complaints. Information campaigns ensure that employees are continuously reminded about the importance of maintaining a harassment-free workplace.
• Leadership Involvement: Ensuring that leadership and management actively participate in promoting a culture of zero tolerance towards sexual harassment. When leaders actively endorse Posh awareness initiatives, it reinforces the message that the organization is committed to creating a safe work environment.

Responsibilities of Employers as per the Posh Act

Employers play a pivotal role in the implementation of the Posh Act and must adhere to several responsibilities to ensure a harassment-free workplace:

• Creating a Safe Workplace: Employers must ensure a safe working environment that deters sexual harassment. This includes providing secure facilities, ensuring adequate lighting, and implementing safety measures, especially for women working late hours.
• Establishing the ICC: It is mandatory for employers to constitute an Internal Complaints Committee (ICC) in every office with 10 or more employees. The ICC is responsible for addressing complaints of sexual harassment, conducting inquiries, and recommending action against the harasser.
• Awareness and Training Programs: Employers are required to organize awareness programs and workshops at regular intervals to sensitize employees about the Posh Act. Training sessions should cover the definition of sexual harassment, the complaint process, and the role of the ICC.
• Displaying Information: Employers must display notices at conspicuous places in the workplace detailing the penal consequences of sexual harassment and the composition of the ICC. This helps in informing employees about the procedures to follow if they face harassment.
• Supporting the ICC: Employers should provide necessary facilities and resources to the ICC for dealing with complaints. This includes ensuring the ICC members have access to legal and psychological support and training in handling sensitive cases.
• Maintaining Confidentiality: Employers must ensure that the identity of the complainant and the details of the complaint are kept confidential. Breach of confidentiality can lead to further victimization and is punishable under the act.
• Taking Action: Based on the recommendations of the ICC, employers must take prompt action against the perpetrator. This could include disciplinary action, termination, or legal proceedings as per the severity of the harassment.
• Reporting and Record Keeping: Employers are required to submit an annual report to the district officer detailing the number of cases filed and their resolution status. Maintaining proper records of complaints and actions taken is essential for transparency and accountability.

Conclusion

Understanding the Posh Act and ensuring its implementation is vital for creating a safe and respectful workplace. By investing in Posh training, raising awareness, and adhering to the responsibilities outlined in the act, organizations can foster a culture of safety and respect.

Are you interested in learning more about the POSH Act and its implementation in your organization? Explore our range of POSH certification courses and become a certified POSH trainer today!

Visit www.chrmp.com for more information.