The Prevention of Sexual Harassment (PoSH) Act, 2013 places a vital responsibility on every employer—not just to respond to complaints, but to actively build a culture of safety, dignity, and equality. Employers hold the key to ensuring that their workplace is not merely compliant on paper but truly empowering in practice. This article explores the legal duties, practical responsibilities, and real-world implications for employers under the PoSH Act, highlighting how proactive measures can protect organizations, foster trust, and create an environment where every employee feels secure and valued.
Employer Duties Under PoSH – Explained by Rita
“Nidhi, did you know the PoSH Act isn’t just a guideline—it’s a law with specific duties for every employer?” – Rita began one afternoon.
Nidhi looked curious. “I know it exists, but what exactly does it require?”
Rita smiled. “Let me explain, with both the duties, the legal provisions, and some real-life scenarios that show why it matters.”
1. Safe Work Environment – Section 3
“The Act mandates employers to provide a safe working environment,” Rita said.
Legal Provision:
- Section 3 of the PoSH Act: Employers must provide a workplace free from sexual harassment, including clubs, sports facilities, and housing provided by the employer.
Example:
A media company has clear anti-harassment policies displayed on notice boards and digital portals. Any harassment complaint is treated seriously, ensuring employees feel safe to report.
Employer Duty:
- Implement a zero-tolerance policy.
- Ensure all workplace locations are safe for all employees.
Real-Life Case:
In Mumbai, Dr. Ravindra Deokar, a medical teacher at KEM Hospital, was found guilty of sexually harassing six junior female colleagues. The hospital took immediate action, transferring him to a non-teaching role and vacating his quarters. This underscores the importance of a safe workplace and swift employer action.
2. Constituting an Internal Committee (IC) – Section 4
“Think of the IC as your workplace safety net,” said Rita.
Legal Provision:
- Section 4:Every employer with 10+ employees must constitute an IC.
- Composition:Presiding officer (senior female employee), at least 2 employee members, and one external member from an NGO or professional body.
Example:
A retail company set up its IC with a female presiding officer, two employees, and an external member. They handle complaints confidentially and impartially.
Employer Duty:
- Constitute and maintain a functional IC.
- Train members in handling complaints fairly and confidentially.
Real-Life Case:
The Odisha Human Rights Commission (OHRC) found multiple educational institutions failed to implement PoSH properly. Employers were directed to ensure ICs functioned effectively, highlighting the legal necessity of a properly constituted committee.
3. Awareness & Training – Section 19
“Nidhi, knowledge is prevention,” Rita emphasized.
Legal Provision:
- Section 19:Employers must organize workshops and awareness programs to educate employees about sexual harassment and the complaint mechanism.
Example:
Quarterly workshops at a software firm train employees on recognizing harassment, filing complaints, and knowing their rights.
Employer Duty:
- Conduct regular workshops and online sessions.
- Display IC contact information and complaint procedure prominently.
4. Accessible Complaint Mechanism – Sections 6 & 9
“It’s not enough to have rules; employees must feel safe to report,” said Rita.
Legal Provisions:
- Section 6:Complaints can be made to the IC within 3 months (extendable by 3 months).
- Section 9:IC can assist in conciliation and investigate complaints.
Example:
An employee receives repeated inappropriate messages. She can file a complaint via email or suggestion box. IC investigates without disclosing her identity unnecessarily.
5. Prompt Action – Sections 11 & 13
“The law is strict on timelines,” Rita noted.
Legal Provisions:
- Section 11:IC must complete inquiry within 90 days.
- Section 13:IC submits recommendations to employer, who must take action based on findings.
Example:
A complaint against a manager is resolved within two months. Action included warning and mandatory sensitivity training, following IC’s recommendation.
Real-Life Reference:
The Supreme Court’s Vishakha v. State of Rajasthan (1997) judgment laid the foundation for PoSH. It emphasized proactive employer responsibility, timely redressal, and creation of a safe working environment.
6. Annual Reporting – Section 21
“Transparency matters,” said Rita.
Legal Provision:
- Section 21:Employer must submit an annual report of complaints and actions to the District Officer (without revealing identities).
Example:
A company includes total complaints received, resolved, and preventive measures in its annual report submitted to the District Officer.
Rita’s Closing Thoughts
“Nidhi, these legal provisions and real-life cases show how critical employer duties are. The PoSH Act is not just about following rules—it’s about creating a culture of respect, safety, and accountability.”
Nidhi nodded thoughtfully. “I understand now, Rita. It’s about fostering a safe environment, not just ticking boxes.”
Rita smiled. “Exactly. When employers take these duties seriously, harassment is prevented, and employees can thrive safely. Sections 3, 4, 6, 9, 11, 13, 19, and 21 guide us, but real-life cases remind us that law must be backed by action.”
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