Duties Of Employer Under Prevention Of Sexual Harassment (POSH) Act

The introduction of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as POSH, changed the Indian legal landscape significantly. For the first time, there came into existence a piece of legislation that exclusively dealt with workplace sexual harassment of women, prior to which only the Vishaka guidelines addressed the issue. 

An organization must provide its employees with a safe working environment since most employees end up spending most of their time at the workplace. Many factors may cause discomfort to an employee, such as sexual harassment at the hands of a peer or manager, a toxic work environment, or discrimination at the workplace, to name a few.

In this post, I’m going to take a look at the duties of an employer with regard to the POSH Act, focusing on what companies need to know most.  As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an employer is obliged to provide its female employees with a safe working environment.  Section 19 of the act lays out the duties and states the following: 

1. Publish a POSH policy: One of the most important duties of an employer is to put in place a well-drafted POSH policy. Any organization that has more than 10 employees must mandatorily have a sexual harassment policy in place. The policy must be customized, keeping in mind the nature and size of the organisation and must be drafted by an experienced lawyer in a language/medium they will best understand. Report the names and details of the ICC members in the Prevention of Sexual Harassment (POSH) Policy. 

2. Establishing an Internal Complaints Committee (IC): Any organisation that has more than ten members in the organisation must put in place an ICC. Additionally, the IC must be established at every branch that has more than ten members. An IC should have a minimum of four members, one of which should be an external member committed to the cause of women. 

3. Organizing workshops and awareness programmes: Sensitizing employees is key to preventing sexual harassment at the workplace. All employers must conduct workshops and organise seminars to raise awareness amongst the employees regarding workplace sexual harassment.

4. Conspicuously displaying the consequences of sexual harassment: The employer must display the consequences of sexual harassment at a clearly visible place. Additionally,  the order of the Internal Complaints Committee should also be publicly displayed at the workplace. 

5. Treating sexual harassment as misconduct: The act specifically states that any instance of sexual harassment must be treated as misconduct. All service rules, employment, policies, procedures and standing orders must clearly declare that sexual harassment will be treated as misconduct. The consequences of sexual harassing someone must also be clearly stated.

6. Skill-enhancing seminars for the IC members: The Act requires the employer to conduct capacity building and skill-enhancing seminars. The employer/organization must conduct orientation programmes for members of the Internal Complaints Committee. 

7. Prepare an annual report: When it comes to the duties of an employer, submitting an annual report is of utmost importance. Companies, organisation, institution and trusts are required to file an annual report concerning all sexual harassment complaints received and their status. For companies registered in India, the annual report must be filed with the Registrar of Companies; societies and trusts need to file this report with the Charity Commissioner or Registrar of Societies.

8. Assisting employees in reporting incidents of sexual harassment: The organisation is also obligated to aid the employee in filing a complaint against the accused. If she chooses to take a legal, including a criminal measure, the company is duty-bound to help her out. 

A violation of constitutional rights, sexual harassment robs a woman of her right to equality, personal liberty, and most importantly, dignity. The organisations have the power to curb such practices and provide women with a safe workings space so her they can make valuable contributions to the country’s workforce.

While POSH Act lays down the bare minimum standards for the protection of women employees, it ultimately is the responsibility of the organization/employer to ensure women are in a safe space. 
 
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