POSH (Prevention of Sexual Harassment) Awareness At Workplace

Prevention is better than cure. We have been hearing this statement for so many years. The same saying applies to the compliance of law. When it comes to the PoSH prevention of sexual harassment of women at work place the saying apply to the Act in literal meaning. Prima facially many organizations look at it as only a compliance. However, this POSH Act has provided a power to every organization (only organized sector.) The POSH Act also covers unorganized sector however this article will give insight to organized sector about the power they are awarded by the Act.   

 

POSH Awareness at Workplace

 

So in this article let us explore the part of Prevention from the Act which titled as  “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act 2023” and awareness in the workplace.

 

Section 3 - Prevention of sexual harassment

1.     No woman shall be subjected to sexual harassment at any workplace.

2.     The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment -

              i.        implied or explicit promise of preferential treatment in her employment; or
             ii.        implied or explicit threat of detrimental treatment in her employment; or
            iii.        implied or explicit threat about her present or future employment status; or
            iv.        interference with her work or creating an intimidating or offensive or hostile work environment for her; or
             v.        humiliating treatment likely to affect her health or safety.
 

 

Let us understand prevention approach of this POSH Act

Prevention can be translated as precaution for this Act. Every women employee of the organization should feel safe at workplace. The Act says, this is a duty of the employer to provide safe environment for every women employee as well as any women entering the work place. This safety is provided by the employer in two ways

1)    Making a policy for the prevention of sexual harassment of women at work place
2)    By establishing IC {Internal Committee which is also known as ICC that is Internal Complaint Committee} 

 

Policy

 

The policy must be according to the Act. The provisions of the Act can be mold and draft in a simple language to understand by every employee of the organization. Every organization has a right to make some extra provisions which are allowed by the Act. The policy must be displayed on the notice board or on the website. All employees must have the access of the policy.

 

Section 4 - Constitution of Internal Complaints Committee
 

Section 4 of this Act has the provisions to set up the ICC. Let us see those provisions as follows -

 

1.    Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee" -

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

2.    The Internal Committee shall consist of the following members to be nominated by the employer, namely -

 

                  a. Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:

 Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (l):

Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;

                b. not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;

               c. one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be women.

 

3.     The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

 

4.     The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.

 

5.    Where the Presiding Officer or any Member of the Internal Committee,-

          a.     contravenes the provisions of section 16; or
          b.    has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
          c.     he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
          d.    has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member

                 as the case may be,  shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions  of this section.

 

POSH ICC ( Internal Complaint Committee )

 

Every employer must establish ICC at every branch of the organization where ten or more employees are working. This committee include one Presiding officer, members and one external member. All these three categories are compulsory. The minimum number of the committee members is three and maximum number is ten. This committee must meet once at the end of every quarter to ensure that there is no case in the past quarter.  Ideally in every meeting the expert (The external member supposed to be an expert) should conduct awareness program. The awareness includes-

•    The Act
•    How to handle the case
•    Report Writing. 
•    Counselling.

 

 The following points will  help to explain it in a very simple way. The duty of ICC is divided in to three parts. The third part is about case handling which will come under Redressal. Here the information is about prevention provisions. 

 

Let us understand it one by one

    Compliance 

 

   o    Conducting quarterly meeting – Every ICC must conduct it’s quarterly meeting at the end of the quarter. The rules of the meeting are little different then any other meeting. The difference is of the presence of an external member. The external member’s attendance is compulsory in this meeting. For other members it is a common rule of the meeting that more than 50% quorum must be there for the meeting.  In quarterly meetings every member needs to confirm whether there is any case or there is no case. 

 o    Keeping record of minutes of the Meeting – Minutes of the meeting (MOM) is most important part of the compliance. These MOM needs to keep in a file. This file is very important file. This file needs to mention in annual report along with other documents. 

 o    Filing of annual report – POSH compliance is according to the calendar year and not as per the financial year. So it’s returns needs to be filed in the month of January every year for the previous year. 

    Awareness 

o    Conducting Awareness Programs – POSH is people-oriented Act. The meaning is the onus lies on employer as well as employees. So it is important to provide employees awareness programs. 

o    Policy Display – It is mandatory by law to display the policy on the Notice board of the company. This policy should be according to the law. 

 

POSH compliance is not a curse to any organization it is a blessing. It is blessing because the Act has provided rights of civil court to the internal committee which handle the cases. This is not only beneficial to the complainant and respondent but also to the employer. So be POSH enable.  Vinsys is there to help you out for any query. Also if you are looking for POSH Awareness Training for employees then Vinsys is one stop destination we have certified POSH trainers having 10+ years of industry experience of 400+ corporate client training delivery experience.