This is to inform you that every company who has 10 or more employees (male/female) is required to comply with the provision of Prevention of Sexual Harassment Act (POSH).
In an attempt to enable a safe working environment for women, the sexual harassment of women at workplace (Prevention, prohibition and Redressal) Act and the Rules (Collectively known as POSH Laws) have been enacted and passed by Women and Child Welfare in the year 2013
APPLICABILITY:
The Act is applicable to all establishment having 10 or more employees; irrespective of the fact whether there are any female (women) workers or not.
COMPLIANCE:
1. Drafting of POSH Policy: The Company is required to adopt a policy for this purpose mentioning all the details as required under the Act.
2. Constitution of Internal Complaint Committee (ICC): The Company is required to constitute ICC for each workplace (for each place where 10 or more employees are working for the company). The ICC shall have the following members:
1 Presiding Officer : a woman employed at a senior level at workplace from amongst employees
At-least 2 Members : from employees preferably committed to the cause of women or who have experience in social work or have a legal knowledge
1 Member from amongst nongovernmental organizations or associations committed to the cause of women or a person *familiar with the issues relating to sexual harassment.
3. Regular meeting of ICC and workshop/training of employees
4. Mandatory Annual Reporting to local authorities where the company is operating
5. Mandatory disclosure in Board Report/Directors report to be submitted to Registrar of Companies.
NON-COMPLIANCE:
If the Company fails to constitute an Internal Complaints Committee or does not comply with any provisions contained therein, the Sexual Harassment Act prescribes a monetary penalty of up to INR 50,000.
In this regard, we have created a module which covers the below mentioned services and is at a cost of Rs. 20,000/- + GST per annum. The details of this module are enumerated herein below-:
- Drafting of sexual harassment policy
- One Training program of 3 Internal Complaint Committee (“ICC”) members at a pre-fixed date and time.
- Acting as an external member of the ICC. A person shall be appointed from our side who shall act as an external member of ICC
- Assistance in Filing of first annual report
- Keeping you updated with latest news/judgment through our monthly mailer.
We recommend that this compliance should be done with immediate effect if not already done. Please reach out to us in case you wish to implement the module. Our payment terms are 50% in advance and 50% after completion of the implementation of the policy.
For more details, feel free to reach out to our concerned team on email at akash@startup-movers.com or call/whatsapp at 9953672781.
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