POSH ACT.

Globalization has brought a radical change in the status of women worldwide. However, with the larger influx of women in the mainstream workforce of India, sexual harassment at workplace has assumed greater dimensions, which not only creates an insecure and hostile working environment for women but also impedes their ability to deliver in today’s competing world.

To curb this nuisance, Ministry of Women and Child Development enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") in 2013.

The Act has clearly defined who is an aggrieved Woman, what is a Workplace, what shall constitute a Sexual Harassment and many other aspects relating thereto.

Who Is An Aggrieved Women ?

What Is A Workplace ?

What Constitutes Sexual Harassment ?

"Sexual Harassmen" includes anyone or more of the following unwelcome acts or behavior (whether directly or by implication), namely:

1. Physical contact or advances;
2. A demand or request for sexual favours;
3. Making sexually coloured remarks;
4. Showing pornography;
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The Act also states that the following circumstances (whether implied or explicit), inter alia, may constitute sexual harassment:

1. Promise of preferential treatment in employment;
2. Threat of detrimental treatment in employment;
3. Threat about present or future employment;
4. Creating an intimidating or offensive or hostile work environment; and,
5. Humiliating treatment potentially endangering health or safety.

Important Provisions Of The Posh Act.

The Act requires every company with 10 or more employees to constitute an Internal Complaints Committee (ICC) which shall consist of:

1. A Presiding Officer appointed from Senior Management (must be a woman)
2. One external member from amongst non-governmental organizations or a lawyer
3. At least two members representing the employees of the organization.

It is essential that Committees must have 50 per cent representation of women. All complaints shall be made to this body which must resolve every issue impartially.

The Act further clarifies that where the office or administrative units of a workplace are located in different places, division or sub-division, an ICC has to be set up at every administrative unit and office.

The POSH Act requires the employers to organize workshops and awareness programmes at regular intervals and sensitize the employees with the provisions of the Act.

ICC To Submit Annual Report

The Act requires the ICC in each calendar year to prepare an Annual Report and submit the same to the employer and the District Officer.

Penalities For Non-compliance

Our Services:

• Formulation of Sexual Harrasment Policy in line with POSH Act.
• Timely Submission of Annual Report.
• Assistance in forming Internal Complaints Committee.
• Guidance on how to carry on sensitization and awareness programmes for all employees.
• Guiding on the process to address the complaints received from any aggrieved person.