S S L A W S
SS LAWS ATTORNEYS & SOLICITORS, Chennai – 600001, India

POSH ACT

(Protection of Women from Sexual Harassment Act, 2013)

The POSH Act is an Act that provides protection against Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It is a significant legislation in India aimed at preventing and addressing instances of sexual harassment of women at workplaces. Here's an overview of the key provisions of the POSH Act:

  • Training & Creating Awareness of POSH
  • Creating Policy Compliances
  • Creating Internal Committee Compliance for the Company
  • Conducting Regular Audits & Report
  • Issues in Digital Evidence

  • Scope and Coverage:

    The POSH Act applies to all workplaces, including both the organized and unorganized sectors, and covers women employees, interns, volunteers, and even clients or customers who interact with the workplace.
  • Definition of Sexual Harassment:

    The Act defines sexual harassment broadly to include unwelcome acts or behavior, whether directly or by implication, such as physical contact and advances, demand or request for sexual favors, making sexually colored remarks, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
  • Duties of Employers:

    Employers are required to create a safe working environment free from sexual harassment by implementing policies, organizing awareness programs, setting up Internal Complaints Committees (ICCs) at workplaces with 10 or more employees, and providing necessary support to victims.
  • Internal Complaints Committee (ICC):

    Every workplace with 10 or more employees is required to constitute an ICC to inquire into complaints of sexual harassment. The ICC must have a majority of women members, including an external member from an NGO or other relevant organization.
  • Complaint Mechanism:

    The POSH Act mandates the establishment of a complaint mechanism for reporting incidents of sexual harassment. It provides for the filing of complaints within three months of the incident, extension of the time limit in certain circumstances, and protection against victimization for reporting complaints.
  • Redressal Mechanism:

    The Act provides for the inquiry and redressal of complaints by the ICC within a time-bound manner. It prescribes penalties for non-compliance with the provisions of the Act, including fines and cancellation of licenses or registrations of non-compliant employers.
  • Confidentiality and Privacy:

    The POSH Act emphasizes the need to maintain confidentiality and privacy throughout the complaint redressal process to protect the identity and dignity of the complainant and the accused.
  • Awareness and Training:

    The Act mandates awareness programs and training sessions for employees to educate them about their rights and responsibilities under the Act, and to foster a workspace culture based on respect and quality.

Overall, the POSH Act, 2013 is a crucial legislation that strives to enhance gender equality and combat sexual harassment at workplaces through the implementation of a robust legal framework for prevention, prohibition, and redressal of sexual harassment incidents.

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