Posh- Know Your Rights

WHAT IS POSH AND WHY IS IT REQUIRED.

Prevention of Sexual harassment at Workplace Act, 2013 (POSH) is an Act devised for the safety of women at workplace and let live with dignity and respect. The Act mandates every EMPLOYER to abide by its duty of safeguarding the right of the women at workplace and develop a workplace culture safe for women. The Act emphasis on the problems caused to women at workplace because of gender discrimination, caste and religions. They tend to exploited due to social, economic, physical and psychological matters. This Act empowers the Employer of the organisation to maintain a safe working culture for every women.

Though the exact definition of this term has not been defined anywhere but was defined under the leading case of Vishakha v. the State of Rajasthan (1997), it is defined as follows:

“Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as

a) physical contact and advances;

b) a demand or request for sexual favours;

c) sexually-coloured remarks;

d) showing pornography;

e) any other unwelcome physical, verbal or non-verbal conduct of sexual.”

The Act has been a major step forward in creating a more equitable and just workplace environment, free from discrimination or harassment. Act has been a major step forward in creating a more equitable and just workplace environment, free from discrimination or harassment. POSH Act, 2013 plays pivotal role in safeguarding the interest of women employees in and around organisations.

Now-a-days, most of the employers are not aware of existence of such policies. Like any other labour law (eg. ESI or EPF etc.) this POSH is also very important and mandatory to be adhered. As of now, there are no direct notices or cases or non-compliance under the POSH Act, 2013 issued to organisations, as it is done in ESI or EPF laws, but off lately when instance rise, the labour officer can issue notices for non-implementation of the same. So watch out employers and regularise the same within time period and avoid heavy penalties.

APPLICABILITY

POSH Act, 2013 is applicable through India. The issue of sexual harassment still prevails in our system as they are not brought forward due to fear of job loss, threats, exploitation, harm to the identity/image of the employee etc. further, POSH applicability on an organisation not only restricts for the women employees working in their organisation but also to any outsider who can became the victim of the same. POSH applies also for outside seminars, or outside travel on work basis.

For example: If a women employee travel to any client’s place in office hours or on official tours and within the working hours and if she happens to become victim of sexual harassment, then it is the responsibility of the Employer to safeguard her rights.

The employer should maintain a proper policy on sexual harassment against women and should make it mandatory for all employees to adhere on the same. The Policy should be drafted in such a way that all employees get well acquainted about of pros and cons.

Firstly, when an employee joins any organisation, it is the duty of the HR/Employer (where there is no HR) to explain the importance and adherence under the POSH Act and Policies framed thereunder. Then lately, the detailed orientation can be conducted through seminars by the experts appointed under the Act.

INTERNAL COMPLAINTS COMMITTEE (ICC)

The Internal Complaints Committee (ICC) under POSH is to be constituted and applicable to every employer (whether proprietor, partnership firm, LLPs, Companies etc.) where 10 or more employees are working on any given day (irrespective whether male or female).

For instance;

So from this we conclude that ICC under POSH is mandatory and to be implemented even in the event where only male employees are in an organisation.

The Internal committee is responsible for the prevention, prohibition, and redressal of sexual harassment in the workplace.

This Committee is empowered with providing knowledge through trainings, orientations and seminars on how a work culture and environment should be.

Constitution of Committee:

1. 4 members of which 1 should be external member dealing with POSH matters

2. 50% should be women employees

3. The Presiding Officer should be the most senior level women employee in the organisation.

EMPLOYERS RESPONSIBILITY IN GIST

1. Well written POSH Policy

2. Formation of ICC where 10 or more employees are working on any given day (irrespective whether male or female)

3. Appoint an external member in this field.

4. Formation of ICC in every unit, branch, place where there are 10 or more employees working.

5. Display Policy and ICC on the notice boards in the entrance and throughout the organisation.

6. Conduct awareness programs for employees

7. File the annual report to the Deputy Officer at the end of every year

8. Make sure that the Act is adhered by all employees.

******

The author can be reached at [email protected]

Disclaimer: This article is written merely for informational purposes and it should not be taken as a legal advice. The readers are advised to consult competent professionals before acting on the basis of any information provided here.