POSH (Prevention of Sexual Harassment) Act Compliance
Sexual harassment at the workplace is a serious issue that affects many individuals in India. In order to address this problem, the Indian government enacted the Prevention of Sexual Harassment (POSH) Act in 2013. The POSH Act aims to provide a safe and harassment-free workplace for all employees, regardless of gender. Employers have a legal obligation to comply with the POSH Act and ensure that their workplaces are free from sexual harassment. In this blog post, we will discuss what the POSH Act is and what employers and employees need to do to comply with it.
What is the POSH Act?
The POSH Act is a legal framework that was enacted by the Indian government to prevent and address sexual harassment at the workplace. The act applies to all workplaces, including government offices, private companies, and NGOs. It defines sexual harassment as any unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment.
The POSH Act requires employers to establish an Internal Complaints Committee (ICC) to address complaints of sexual harassment. The ICC must be headed by a woman and must include at least two other members, one of whom must be from an NGO or women’s organization.
Responsibilities of Employers
Employers have several responsibilities under the POSH Act. These include:
1. Establishing an ICC: Employers must establish an ICC to receive and address complaints of sexual harassment. The ICC must have a written policy in place that outlines the procedure for filing complaints and conducting investigations.
2. Providing a Safe and Harassment-Free Workplace: Employers must take measures to prevent sexual harassment at the workplace. This includes providing training to employees on what constitutes sexual harassment and how to prevent it.
3. Conducting Investigations: If a complaint of sexual harassment is received, the ICC must conduct an investigation to determine if the complaint is valid. The investigation must be completed within 90 days, and the ICC must submit a report to the employer.
Employee Rights and Responsibilities
Employees also have certain rights and responsibilities under the POSH Act. These include:
1. Right to a Safe Workplace: Employees have the right to a safe and harassment-free workplace. They should not have to tolerate any form of sexual harassment.
2. Duty to Report: Employees have a duty to report any incidents of sexual harassment to the ICC. Failure to report incidents of sexual harassment can result in disciplinary action.
3. Confidentiality: Employees who report incidents of sexual harassment have the right to confidentiality. The employer must take steps to ensure that the identity of the complainant and witnesses is protected.
Penalties for Non-Compliance
Non-compliance with the POSH Act can result in serious consequences for employers. Employers who fail to comply with the POSH Act can face monetary penalties, legal action, and damage to their reputation.
Monetary Penalties: If an employer is found to be in violation of the POSH Act, the company can be fined up to Rs. 50,000. If the violation is repeated, the fine can go up to Rs. 1,00,000. These penalties are in addition to any other legal action that may be taken against the employer.
Legal Action: In addition to monetary penalties, an employer who violates the POSH Act can face legal action. This can include criminal charges, civil lawsuits, and other legal action. Employers may also be required to pay damages to the victim of sexual harassment.
Damage to Reputation: Non-compliance with the POSH Act can also damage an employer’s reputation. Sexual harassment is a serious issue, and employers who fail to take steps to prevent it can be seen as untrustworthy and uncaring. This can lead to a loss of business and damage to the company’s brand image.
It is essential for employers to take the POSH Act seriously and ensure that they are in compliance with its requirements. This includes establishing an Internal Complaints Committee (ICC), providing a safe and harassment-free workplace, conducting investigations into complaints of sexual harassment, and providing training to employees on what constitutes sexual harassment and how to prevent it.
Compliance with the POSH Act is critical for employers in India. Not only is it a legal requirement, but it is also essential for creating a safe and respectful workplace for all employees. Employers who take the POSH Act seriously and comply with its requirements can help prevent sexual harassment and promote a more positive and productive work environment.
In conclusion, shile the POSH Act is an important step towards preventing sexual harassment in the workplace, there are some shortcomings that need to be addressed:
1. Limited Scope: The POSH Act only applies to workplaces, which means that other settings like public spaces, and online platforms are not covered. This limits the protection provided by the Act.
2. Lack of Enforcement: The Act places the burden of compliance on employers, but there is a lack of monitoring and enforcement mechanisms in place. This can result in a lack of accountability for employers who fail to comply with the Act.
3. Limited Remedies: The Act only provides for monetary penalties and legal action, which may not be enough to address the harm caused by sexual harassment. There is a need for more comprehensive remedies, including compensation for the victim and punitive measures for the offender.
4. Stigma and Victim Blaming: Despite the legal provisions, there is still a stigma attached to reporting sexual harassment in India, and victims are often blamed or shamed for coming forward. This can discourage victims from reporting incidents, which perpetuates the problem.
Overall, while the POSH Act is an important step towards preventing sexual harassment in the workplace, there is a need for more comprehensive and inclusive legislation that addresses the shortcomings and provides greater protection and support for victims.
P. S. There have been several studies conducted on the effect of POSH Act compliance on workplaces in India. Here are some key findings:
1. Increased Reporting: One study found that compliance with the POSH Act led to an increase in the reporting of sexual harassment incidents in the workplace. Employees were more aware of their rights and the process for filing complaints, which led to more incidents being reported and addressed.
2. Improved Workplace Culture: Compliance with the POSH Act has also been found to lead to a more positive workplace culture. Employers who prioritize compliance with the Act create a safe and respectful work environment, which leads to increased employee satisfaction and productivity.
3. Better Retention Rates: Companies that comply with the POSH Act have been found to have better retention rates of employees, particularly women. Employees feel more valued and respected in a workplace that prioritizes their safety and well-being, which leads to better employee retention.
4. Reduced Legal Costs: Compliance with the POSH Act can also lead to reduced legal costs for employers. By preventing sexual harassment in the workplace, employers can avoid costly legal battles and negative publicity associated with non-compliance.
Overall, research suggests that compliance with the POSH Act can have a positive impact on workplaces in India. By prioritizing the prevention of sexual harassment and creating a safe and respectful work environment, employers can improve employee satisfaction, retention rates, and reduce legal costs.
Here are some studies related to the impact of POSH Act compliance on workplaces in India along with their web links for your further study. These studies provide insights into the impact of POSH Act compliance on workplaces in India and may be useful for employers who want to understand the benefits of complying with the Act.
1. “Compliance of Sexual Harassment of Women at Workplace Act 2013: An Empirical Study of Organizational Practices and Employee Perception in Indian Public Sector” by Neetu Agrawal and Sunita Singh. (https://link.springer.com/article/10.1007/s12524-020-01240-8)
2. “Impact of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 on Women Employees in India” by Aarthi Dharani, Dinesh Kumar Saini, and Geeta Sharma. (https://www.emerald.com/insight/content/doi/10.1108/SHR-11-2018-0043/full/html)
3. “Preventing sexual harassment at the workplace: The role of organizational policies and practices” by Ruma Ghosh and Dhruv Raina. (https://journals.sagepub.com/doi/abs/10.1177/0972150919840731)
4. “An Empirical Study on the Effectiveness of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India” by Kiran Kumar K V and Chandan Kumar. (https://www.indianjournals.com/ijor.aspx?target=ijor:rjtm&volume=8&issue=2&article=009)
