Workplace harassment is a serious issue that affects the mental and physical well-being of employees. To address this problem, the Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act. This law provides a legal framework for preventing and addressing sexual harassment in workplaces. In this blog, we will explore the key aspects of the POSH Act, its significance, and the legal steps employees can take in case of workplace harassment.
What is the POSH Act?
The POSH Act, 2013, was introduced to provide protection against sexual harassment at workplaces and ensure a safe working environment for women. It defines sexual harassment and lays down the procedures for filing complaints and resolving disputes in a workplace setting.
Definition of Sexual Harassment
According to the POSH Act, sexual harassment includes unwelcome acts or behavior such as:
- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Who is Covered Under the POSH Act?
The law applies to:
- All working women, including regular, temporary, contractual, and interns
- Women working in both public and private organizations
- Domestic workers, educational institutions, and NGOs
- Visitors and clients in a workplace
Employer’s Responsibility Under POSH
Under the POSH Act, every employer is responsible for ensuring a safe workplace. The key responsibilities include:
- Establishing an Internal Complaints Committee (ICC) in offices with more than 10 employees
- Conducting awareness programs about workplace harassment
- Creating a safe and supportive environment for employees
- Taking prompt action against complaints
Filing a Complaint Under the POSH Act
If an employee experiences harassment, they can follow these steps to file a complaint:
- Approach the ICC: The employee must submit a written complaint to the Internal Complaints Committee (ICC) within three months of the incident.
- Investigation Process: The ICC will conduct an inquiry, hear both parties, and gather evidence.
- Action Against the Offender: If found guilty, the employer may take disciplinary action, including termination, suspension, or financial compensation.
- External Complaint: If the workplace does not have an ICC, the complaint can be made to the Local Complaints Committee (LCC) set up by the government.
Penalties for Non-Compliance
Organizations that fail to comply with the POSH Act can face:
- A fine of up to ₹50,000 for non-compliance
- Cancellation of business licenses in case of repeated violations
- Civil or criminal liability for the employer
Rights of the Complainant
Women facing workplace harassment have the following rights under the POSH Act:
- The right to file a confidential complaint
- Protection from retaliation or victimization
- The right to seek legal assistance or counseling
- The option to seek transfer or paid leave during the investigation
Importance of POSH Training
Employers must conduct POSH training to educate employees about their rights and responsibilities. This training helps:
- Create awareness about workplace harassment
- Ensure compliance with the POSH Act
- Prevent misconduct in the workplace
Conclusion
The POSH Act is a crucial step towards ensuring a safe and respectful workplace for women in India. Employees should be aware of their rights and the legal recourse available to them in case of harassment. Employers, on the other hand, must take necessary steps to create a workplace free from harassment and discrimination. By enforcing strict measures and promoting awareness, organizations can foster a safe and inclusive work environment.