POSH
Frequently Asked Questions
Is it mandated to only protect women from sexual harassment at the workplace?
Though the POSH Act aims to address any and all forms of alleged acts of sexual harassment of women, nowadays organizations are choosing to take a more gender-neutral approach to sexual harassment.
What is considered workplace for the purpose of sexual harassment?
Any act that happens in the “Workplace” will be under the purview of the POSH laws. Workplace includes: (a) office premises; (b) any location visited by an employee (including transport to and from office); (c) vendor’s/client’s office; (d) office parties/events; and (e) online events. Essentially, the intent of the law is to ensure employees are protected at all times where they are carrying out any part of their role.
Is it mandated to ensure compliance with POSH law?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a social legislation for the protection of women against sexual harassment at workplace and for the prevention and redressal of complaints of sexual harassment. All organizations are required to ensure compliance with POSH laws, i.e. constitute internal committee, conduct awareness programmes for all employees, conduct training sessions for internal committee member, etc. Any non-compliance may lead to a fine of up to INR 50,000/-.
What is sexual harassment?
“Sexual Harassment" has been defined very broadly under law and includes (whether directly or by implication): i. physical contact and advances; or ii. a demand or request for sexual favors; or iii. making sexually colored remarks; or iv. showing pornography; or iii. any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Some additional examples of Sexual Harassment: (a) an implied or overt promise of preferential/detrimental treatment; (b) an implied or overt threat about someone’s employment status; (c) any interference someone’s work or creating an intimidating or hostile work environment; (d) humiliating treatment likely to affect health or safety. Sexual Harassment cannot be defined in an exhaustive manner and is very subjective. It’s always the IMPACT that matters more than the INTENT.
What are the duties of an employer under POSH ?
Under the POSH laws, the employer is responsible for ensuring that all the employees are provided a safe working environment. It’s important for every organisation to (a) formulate and publish an internal POSH policy with the names and contact details of all the members of the Internal Committee; (b) conduct regular orientation programmes, seminars, capacity building and skill building programmes for the members of the Internal Committee; (c) conduct awareness programmes for employees across levels at regular intervals; (d) treat sexual harassment as a misconduct and initiate action for such misconduct; and (e) monitor the timely submission of annual reports by the Internal Committee. It is the responsibility of the Internal Committee to investigate every compliant, including complaints against (i) other employees, (ii) vendors, (iii) clients, as long as the incident has occurred at the Workplace. Any non-compliance of the applicable POSH laws may lead to a fine of up to INR 50,000/-.
What are the compliances under POSH laws in India?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a social legislation for the protection of women against sexual harassment at workplace and for the prevention and redressal of complaints of sexual harassment. It is important for every organisation to (a) formulate and publish an internal POSH policy with the names and contact details of all the members of the Internal Complaints Committee; (b) conduct regular orientation programmes, seminars, capacity building and skill building programmes for the members of the Internal Complaints Committee; (c) conduct awareness programmes for employees across levels at regular intervals; (d) treat sexual harassment as a misconduct and initiate action for such misconduct; and (e) monitor the timely submission of annual reports by the Internal Complaints Committee. It is the responsibility of the Internal Complaints Committee to investigate every compliant, including complaints against (i) other employees, (ii) vendors, (iii) clients, as long as the incident has occurred at the Workplace. Though the POSH Act aims to address any and all forms of alleged acts of sexual harassment of women, nowadays organizations are choosing to take a more gender-neutral approach to sexual harassment. Any non-compliance may lead to a fine of up to INR 50,000/-.
What is a POSH policy and why is it required?
As per the POSH Act, every organization is required to formulate and widely disseminate an internal policy for prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women (“POSH Policy”). The POSH Policy should be designed in accordance with the law to combat sexual harassment targeted at women in the workplace.
What is an Internal Complaints Committee and what are its powers under the POSH Act?
An Internal Complaints Committee (or “IC”) is an internal committee of a workplace which is responsible for redressing complaints of sexual harassment at a workplace as well as enforcing the provisions of the POSH Act. It is mandatory for every employer with 10 or more employees to constitute an IC. Where the offices of the workplace are located in different locations, then a separate IC is to be constituted at each such location. An IC must contain a minimum of 4 members namely, (a) a presiding officer, who is a woman employee at a senior level at the workplace, (b) 2 members from amongst the employees, and (c) one external member. At least half of the members of an IC must be women. An external member of an IC is an individual who is not employed by the organization but is appointed as an independent member of the IC to ensure impartiality and objectivity in redressing complaints related to sexual harassment at the workplace. The purpose of having such a member is to ensure the presence of an independent person who can aid, advise and assist the Committee. Hence, it is mandatory for companies to have an independent external member on the IC.
How can IC members handle complaints of sexual harassment?
The POSH Act prescribes numerous provisions required to be followed by IC members in the redressal of complaints of sexual harassment. IC members can effectively handle such complaints by being well trained on applicable laws and rules. Hence, it becomes important for IC members to be regularly trained on such legal intricacies including (a) its legal obligations, (b) the manner and process of filing complaints, (c) process of conducting investigations and inquires (including interviewing techniques), and (d) maintaining confidentiality and adopting a sensitive approach in interacting with an aggrieved person.
Can sexual harassment be reported under the POSH Act if it has occurred outside of
office premises or in remote or virtual workplaces?
Yes, the POSH Act covers ‘workplaces’, which are not limited to only the office premises. The principle of ‘extended workplace’ applies to any location visited by an employee due to work. This includes transportation provided by the employer and offsite locations like client sites, conferences, and work events. The POSH Act also covers remote work and virtual workspaces. Virtual platforms like video calls and emails are considered part of the workplace. The Act also extends to incidents during business travel or at work-related social events organized by the company. Thus, the POSH Act provides comprehensive protection against sexual harassment for employees, whether they work in an office, remotely, or engage in work-related activities outside the office.. IC members can effectively handle such complaints by being well trained on applicable laws and rules. Hence, it becomes important for IC members to be regularly trained on such legal intricacies including (a) its legal obligations, (b) the manner and process of filing complaints, (c) process of conducting investigations and inquires (including interviewing techniques), and (d) maintaining confidentiality and adopting a sensitive approach in interacting with an aggrieved person.
Can a complaint for sexual harassment be filed by a man?
No, the POSH Act specifically protects women against sexual harassment in the workplace. The Act was enacted to provide a safe and secure working environment for women by addressing issues of sexual harassment. However, while the POSH Act does not cover men, many organizations recognize the importance of addressing sexual harassment for all employees, regardless of gender. As a result, these organizations may implement internal policies to handle complaints from men. These policies can provide similar protections and procedures for men as those outlined in the POSH Act for women. Organizations may include such provisions in the POSH Policies. By doing so, they aim to create an inclusive and safe working environment for everyone, addressing the needs of all employees and fostering a culture of respect and equality.
Can a complainant be penalized for false complaints?
As per the POSH Act, if the IC decides that the allegation made by the complainant is false or malicious or the complaint has been made knowing it to be untrue or forged, strict actions can be taken against the complainant. The statute provides that disciplinary action such as written apology, warning, reprimand, censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service, undergoing a counselling session, or carrying out community service may be taken.