Comprehensive guide to POSH Act, 2013.pdf

The POSH Act 2013 has significantly impacted workplaces in India, providing victims of sexual harassment with the legal protection they need.

This article provides a Comprehensive Guide to the POSH Act, of 2013

1. CS Tanvi Shah| Affluence Advisory Pvt. Ltd. | Website - www.affluence.net.in |Email - [email protected]

Comprehensive guide to POSH Act, 2013
Affluence Advisory Pvt. Ltd.
td
INTRODUCTION:
With the increase in the number of women joining the workforce, the need to ensure safe and
secure environment becomes imperative for the organizations. The POSH Act 2013 has
significantly impacted workplaces in India, providing victims of sexual harassment with the legal
protection they need. The Act not only puts in place necessary mechanisms for safety and security
of working women, but also ensures an unbiased and gender-neutral workplace.
The POSH Act is a legislation enacted by the Government of India in 2013 to address the issue of
sexual harassment faced by women in the workplace. The Act aims to create a safe and conducive
work environment for women and provide protection against sexual harassment. The POSH Act
defines sexual harassment to include unwelcome acts such as physical contact and sexual
advances, a demand or request for sexual favors, making sexually colored remarks, showing
pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
BACKGROUND:
The Parliament took 16 years to implement the directions issued by the Supreme Court of India in
1997, in the landmark case of Visakha vs. State of Rajasthan (“Visakha Guidelines”) to enact a
law for the prevention of sexual harassment of women at the workplace. The enactment of the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
(“Act”) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013 (“Rules”) was very late, but better so than never. It provided with the basic
definition of sexual harassment of women at workplace and issued guidelines to deal with it.

2. CS Tanvi Shah| Affluence Advisory Pvt. Ltd. | Website - www.affluence.net.in |Email - [email protected]

Comprehensive guide to POSH Act, 2013
Affluence Advisory Pvt. Ltd.
td
KEY PROVISION:
 Prevention and Prohibition: The Act places a legal obligation on employers to prevent and
prohibit sexual harassment in the workplace.
 Formulation of POSH Policy: POSH Policy formulation, in accordance with the Act, is the
foremost step an organization/employer must take towards being compliant under the Act. The
policy so formed must explicitly cover the objective and the purpose in clear and readily
understandable terms for the employees without any scope of ambiguity, to the extent possible.
The Employer is obligated to ensure that all the employees/interns or any other member,
whether temporary or permanent, have access to the POSH Policy at any given point of time.
For visitors, the organization may provide an easy access to the policy on demand.
 Internal Complaints Committee (ICC): Under the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Prevention of Sexual
Harassment Act” or “the POSH Act”), it is compulsory for any organization with 10 or more
Employees to set up an Internal Complaints Committee (hereinafter referred as, “ICC”) for
addressing complaints of sexual misconduct. The ICC should be located at all workplaces.
Where the offices or administrative units of the workplace are located at different places or
divisional or sub-divisional level, the ICC shall be located at all administrative units or offices.
The Presiding Officer and every member of the ICC shall hold office for a period not exceeding
three years from the date of nomination as a member.
As per Section 19(b) of the POSH Act, the employer is compelled to display notices at any
conspicuous place in the workplace.
The Notice must include the following details:
 Names of the existing IC Members;
 Contact Details of the IC Members (individual as well as comprehensive email id, phone
numbers,
 Designation, etc.
 Penalties and repercussions for committing an act of sexual harassment;
 Provisions of the POSH Act;
 Procedures for filing the complaint;
 List of Prohibited Behavior(s)

3. CS Tanvi Shah| Affluence Advisory Pvt. Ltd. | Website - www.affluence.net.in |Email - [email protected]

Comprehensive guide to POSH Act, 2013
Affluence Advisory Pvt. Ltd.
td
















 Complaint Mechanism:
1. Compliant:
a. 6 copies of the complaint must be filed with the ICC;
b. Must be filed within 3 months from the date of the incident;
c. In case the aggrieved is incapacitated – Relative/Friend/Co-worker can file complaint;
d. ICC will forward copy of compliant received to respondent within 7 days;
e. Respondent to reply to ICC within 10 days.

2. Conciliation:
a. opt for conciliation before inquiry begins, to settle the matter, but no monetary payments
or material benefits can be demanded;
b. No inquiry, if conciliation is arrived.
Stage One: Receipt of the complaint
Step 1: Receive and acknowledge receipt of
complaint
Step 2: Meet and talk to the complainant to
explore options for formal and informal
resolution
Step 3: Informal mechanism
Step 4: Formal mechanism
Step 5: Respondent and response
Stage Two: Planning
carefully
Step 6: Prepare the file
Step 7: Consideration

Stage Three: Interviews
Step 8: Prepare an interview
plan for the hearing:
Complainant, Witnesses and
Respondent.
Step 9: Assess the
completeness of the
information collected.
Stage Four: Reasoning
Step 10: Analyze and assess the information
gathered during inquiry.
Step 11: Create a timeline to help establish
the sequence of events related to the com-
plaints.
Step 12: Compare similarities and
differences within each of the statements
made by interviewees.
Stage Five: Finding and
Recommendations
Step 13: Finding
Step 14: Recommendations
Stage Six: Report
Step 15: Writing this Report

4. CS Tanvi Shah| Affluence Advisory Pvt. Ltd. | Website - www.affluence.net.in |Email - [email protected]

Comprehensive guide to POSH Act, 2013
Affluence Advisory Pvt. Ltd.
td
3. Inquiry:
a. ICC to complete inquiry within 90 days of receipt of the complaint;
b. ICC shall submit its report to management within 10 days of completion of inquiry;
c. Employer to implement action recommended by ICC in its report within 60 days.

4. Appeal & Confidentiality:
a. Section 18 of the POSH Act states that any person aggrieved from the recommendations
or non-implementation of recommendations of the IC may prefer an appeal to the court or
tribunal in accordance with the provisions of services rules applicable to the said person.
Where there are no service rules, then
b. in any other law being in force, under rule 11 of the POSH Rules which specify that any
aggrieved person from the recommendations of the ICC may prefer an appeal to the
appellate authority notified under clause (a) of section 2 of the Industrial Tribunal
Employment (Standing Orders) Act, 1946. within 90 days;
c. Also, in case of non-implementation of ICC’s recommendation by employer;
d. Contents of the complaint, identity of woman, respondent, witnesses and any information
relating to conciliation or inquiry proceedings should not be published, communicated or
made known to the public (including other employees), press or media.

 Aggrieved Woman as per the Act: The Act recognizes the right of every woman to a safe
and secure workplace environment irrespective of her age or employment/work status. Hence,
the right of all women working or visiting any workplace whether in the capacity of regular,
temporary, adhoc, or daily wages basis is protected under the Act.

Aggrieved
Women
Working
Domestic
Worker
Regular/
Termporary/ Ad
Hoc/Daily Wager
Through remuneration/
Voluntary basis/
Otherwise
Employed
directly/ Through
an agent
Contract Worker/
Probationer/Trainee/
Apprentice/called by any
other such name
Visiting a
Workplace
Student

5. CS Tanvi Shah| Affluence Advisory Pvt. Ltd. | Website - www.affluence.net.in |Email - [email protected]

Comprehensive guide to POSH Act, 2013
Affluence Advisory Pvt. Ltd.
td
 Workplace as per the Act: A workplace is defined as “any place visited by the employee
arising out of or during the course of employment, including transportation provided by the
employer for undertaking such a journey.” As per this definition, a workplace covers both the
organized and un-organized sectors.
It also includes all workplaces whether owned by Indian or foreign company having a place of
work in India. As per the Act, workplace includes:

 Power of Internal Complaints Committee or the Local Complaints Committee: For the
purpose of making an inquiry, the ICC or the LCC, as the case may be, shall have the same
powers as are vested in a Civil Court under the Code of Civil Procedure, 1908.




Disclaimer: This article has been carefully prepared, but it has been written in general terms and
should be seen as broad guidance only. This article cannot be relied upon to cover the specific
situation and you should not act, or refrain from acting, upon the information contained therein
without obtaining specific professional advice. Please contact Affluence Advisory Private Limited
to discuss these matters in the context of your particular circumstances. Affluence Advisory Private
Limited, Its Partners, Directors, Employees, and agents do not accept or assume any liability or
duty of care for any loss arising from any action taken or not taken by anyone in reliance on the
information in this article or for any decision based on it.