What is POSH? The Prevention of Sexual Harassment ( PoSH ) at workplace.
POSH ACT: The POSH Act has been enacted with the objective : of preventing and protecting women against workplace sexual harassment . to ensure effective redressal of complaints of sexual harassment . It clearly states that no woman shall be subjected to ‘sexual harassment at any workplace’.
APPLICABILITY The Law applies to whole of India Applies to all establishments irrespective of Number of employees Gender of employees Industry Place of operation Legal status of the establishment
Work Place - Definition Includes any Private Organization such as your organization and Any other place visited arising out of or during the course of employment . A workplace could be any place where a working or professional relationship exists. Some of the basic examples of a professional relationship are : colleagues-peers , employee-employer , team leader-team members.
Duties of an Employer Provide a safe working environment for all women employees Draft and disseminate an organizational policy against sexual harassment of women at workplace Formulate an Internal Committee if the organization has ten or more employees Display the consequences of sexual harassment and the details of Internal Committee in any conspicuous place in the workplace Organize awareness programs for employees about the provisions of POSH Act.
What constitutes non-compliance to POSH Act? The employer will be considered non-compliant to the POSH Act if they fail to : Formulate a POSH Policy for the organization Constitute an Internal Committee Create awareness about POSH among the employees File an annual report to the District Officer
Penalty for Non-Compliance of POSH Act In case the employer of an organization violates or attempts to violate any provision under the POSH Act and Rules, a fine of maximum of ₹50,000 will be imposed. If the employer is convicted for a repeated offence of non-compliance to POSH Act, the penalty will be : Twice the punishment that was awarded the first time and/or Cancellation or non-renewal of the business license The penalty can be very severe if the case reaches the court.