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POSH Compliance
POSH compliance refers to the measures taken by an organization to ensure compliance with the Prevention of Sexual Harassment (POSH) laws and regulations. It involves establishing a framework for preventing and addressing sexual harassment in the workplace, including creating policies and procedures, training employees and management, and setting up a system for reporting and investigating complaints. The purpose of POSH compliance is to create a safe and respectful work environment for all employees and to prevent sexual harassment, which is a form of discrimination that can lead to physical, emotional, and psychological harm.
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Overview of POSH Compliance
The Prevention of Sexual Harassment (POSH) Act was implemented in 2013 in India to create a secure and safe working environment for women. The act covers various forms of sexual harassment such as verbal, physical, emotional, and online. It is now obligatory for all workplaces with over 10 employees to comply with the POSH Compliance act. Unfortunately, many companies are yet to comply with this act.
- POSH compliance is mandatory for every organization in India with over 10 employees.
- Employers are responsible for ensuring a safe working environment and preventing sexual harassment.
- An Internal Complaints Committee (ICC) must be formed by every employer to handle complaints of sexual harassment.
- Any employee who has experienced sexual harassment can file a complaint with the ICC, which will then investigate the matter and take appropriate action.
- The ICC may also take measures to protect the victim from further harassment or retaliation.
Advantages of POSH Compliance
| Safe and Secure Workplace | POSH compliance ensures a safe and secure workplace for employees, particularly women, by preventing and addressing sexual harassment. |
| Improved Employee Morale | Employees feel valued and respected when their employers take proactive measures to prevent sexual harassment in the workplace. This results in improved employee morale and a positive work environment. |
| Legal Compliance | Employers who comply with POSH regulations are legally protected from legal liabilities that may arise due to sexual harassment claims. |
| Better Reputation | By complying with POSH regulations, organizations demonstrate their commitment to creating a positive and safe work culture, which improves their reputation and helps attract and retain top talent. |
| Increased Productivity | A positive and safe work environment leads to increased productivity as employees are more focused and motivated to work in such an environment. |
Registration Process
Step 1: Formation of Internal Complaints Committee (ICC): Every organization with more than 10 employees is required to form an ICC to deal with complaints of sexual harassment. The committee should consist of at least four members, including at least one external member.
Step 2: Awareness and Training: The employer should conduct awareness and training sessions on sexual harassment prevention for all employees, including the ICC members. This training should include information on what constitutes sexual harassment, how to prevent it, and how to report it.
Step 3: Written Policy: The employer should develop a written policy on preventing sexual harassment in the workplace. This policy should include details on the complaint process, investigation procedure, and the penalties for perpetrators.
Step 4: Complaint Process: If an employee experiences sexual harassment, they can file a complaint with the ICC either in writing or orally. The complaint should be signed by the complainant.
Step 5: Investigation: The ICC will investigate the complaint and provide an opportunity for both the complainant and the accused to present their side of the story. The investigation should be conducted in a timely and confidential manner.
Step 6: Action: If the ICC finds that sexual harassment has taken place, they will take appropriate action against the perpetrator, which may include disciplinary action such as warnings, suspension, or termination.
Step 7: Prevention and Support: The ICC should also take steps to prevent further incidents of sexual harassment and provide support to the victim. This may include measures such as transfer to another department or location, counseling, or legal aid.
Required Documents
1. The written complaint of sexual harassment made by the victim
2. Any supporting documents or evidence provided by the victim, such as emails, text messages, etc
3. All statements recorded during the course of the enquiry, including those of witnesses
4. The final report prepared by the ICC after completing its enquiry
FAQ's POSH Compliance :-
In order to safeguard women from sexual harassment and create a secure working environment, the POSH Act—Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013—was passed.
The 2013 POSH Act added the internal complaints committee (now known as the internal committee or IC) as a feature. Every organisation needs to have an IC that registers complaints and conducts a fair and impartial investigation.
To raise awareness within the workforce, POSH training is crucial. It aids in establishing a safe and secure working environment for women.
Harassment that is driven by factors such as race, age, sex, religion, national origin, disability, pregnancy, or marital status is prohibited.
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