POSH Compliance (Prevention of Sexual Harassment)
POSH Compliance refers to the adherence to the legal framework provided by the Prevention of Sexual Harassment (POSH) Act, 2013 in India. This act mandates that every workplace should have a mechanism in place to prevent and address sexual harassment of employees. POSH compliance ensures that organizations have established policies, procedures, and systems to create a safe, supportive, and respectful environment for all employees.
Important Points About POSH Compliance
✅ Legal Requirement: The POSH Act, 2013 mandates that all workplaces with more than 10 employees must have a Internal Complaints Committee (ICC) to handle complaints of sexual harassment.
✅Sexual Harassment Definition: Sexual harassment includes any unwelcome act or behavior, whether physical, verbal, or non-verbal, that violates a person’s dignity, leads to a hostile work environment, or creates an intimidating atmosphere.
✅ Compliance for All Organizations: Whether a private firm, public sector, or government organization, POSH compliance applies to all workplaces with 10 or more employees.
✅Key Provisions:
- Sexual Harassment Prevention Policy: Organizations must formulate and circulate a policy on preventing sexual harassment.
- Internal Complaints Committee (ICC): The establishment of an ICC is mandatory to handle complaints related to sexual harassment.
- Awareness Programs: Employers must conduct regular awareness sessions and training for employees on sexual harassment prevention.
- Investigation and Redressal: The ICC is responsible for investigating complaints and ensuring timely redressal.
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Contents of POSH policy
POSH Policy
formal document detailing the organization's stance on sexual harassment, its prevention measures, and the procedures for addressing complaints.
Internal Complaints Committee (ICC) Details
A list of the ICC members, their roles, and contact details.
Awareness and Training Reports
Records of POSH training programs, workshops, and sessions conducted for employees.
Complaint Handling Procedure
A detailed process for handling complaints, including steps from filing a complaint to resolution.
Investigation Reports
Documentation related to investigations, actions taken, and final outcomes.
Annual POSH Report
A report summarizing the number of complaints received, investigations, and outcomes, submitted to the government if required.
Benefits of POSH Compliance
Legal Protection
Compliance with the POSH Act helps avoid legal liabilities or penalties that may arise from failure to adhere to the law.
Workplace Safety
It ensures a safe and respectful workplace environment for all employees, promoting productivity and well-being
Employee Confidence
It encourages employees to speak up about harassment without fear of retaliation, knowing that their complaints will be taken seriously.
Reputation Management
POSH compliance reflects positively on the organization's reputation, showing a commitment to gender equality and employee welfare.
Organizational Culture
It fosters a culture of respect, equality, and dignity, improving employee morale and reducing workplace conflicts.
List of Documents Required for POSH Compliance
POSH Policy Document
The written policy outlining the organization's stance and procedures for preventing and addressing sexual harassment.
Internal Complaints Committee (ICC) Constitution
A formal document listing the ICC members and their responsibilities.
Training and Awareness Materials
Documents related to training sessions conducted, including attendance records, training content, and feedback.
Complaint Register
A log of all complaints filed with the ICC, including details of the complaint, actions taken, and resolutions.
Investigation Reports
Detailed records of the investigation process, including timelines, findings, and actions taken.
Annual Report
A report summarizing the activities of the ICC and the number of complaints received, investigated, and resolved during the year.
Deliverables of POSH Compliance
- POSH Compliance Certificate: A certificate confirming that the organization is compliant with the POSH Act, issued after thorough audits or assessments.
- POSH Policy Document: A finalized and signed POSH policy that aligns with the requirements of the law.
- ICC Formation Documentation: Official records establishing the ICC, including member details and meeting minutes.
- Training and Awareness Certificates: Certificates issued to employees after completing POSH training or awareness sessions.
- Annual POSH Report: A summary report submitted to the government or internal stakeholders detailing the year’s complaints, investigations, and resolutions.
Frequently asked Questions
The POSH Act (Prevention of Sexual Harassment Act) is a law in India that mandates all workplaces to have measures in place to prevent and address sexual harassment of employees.
The POSH Act covers all employees, irrespective of their gender, working in any organization with 10 or more employees.
Employers must create a POSH policy, establish an Internal Complaints Committee (ICC), conduct regular training, and provide a clear process for addressing complaints.
The ICC should have at least three members, including one external member, and at least one woman member.
The POSH policy should include definitions of sexual harassment, reporting procedures, investigation processes, preventive measures, and consequences for violations.
Non-compliance can result in penalties, legal consequences, and a negative reputation for the organization.
Complaints are received by the ICC, investigated confidentially, and a resolution is provided based on the findings. The process ensures that complaints are dealt with promptly and fairly.
While the POSH Act emphasizes confidentiality, complaints should ideally be filed with clear identification to ensure proper investigation and resolution.
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