The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, popularly known as the PoSH Act or ASH (Anti-Sexual Harassment Act), mandates certain compliances for Indian workplaces. The enactment of this legislation marks significant progress in workplace safety and the prevention of sexual harassment. This Act applies across all sectors. Whether public or private it is mandatory for all workplaces with more than 10 employees. Workplaces with fewer than 10 employees come under the Local Complaints Committee and are not mandated, although it is a best practice to have redressal mechanisms in place. Here are some key compliances required for workplaces in India:
● Internal committee: Workplaces must constitute an Internal Committee (IC) to handle sexual harassment complaints. The IC should consist of four to five members with at least 50 per cent representation of women. A female senior leader should serve as the Presiding Officer, and one external member should be qualified to handle such complaints.
● PoSH policy: Every workplace must create a PoSH policy by the law. This policy should detail the Anti-Sexual Harassment Policy, key definitions, IC details, and the complaints mechanism.
● Training: Workplaces MUST conduct regular training for employees at different levels. This training should raise awareness and provide sensitisation about PoSH, covering the legal aspects. Ideally, trainings should be conducted for employee awareness, manager training, HR training, and especially IC training. If blue-collar staff are present, ensure they receive training in a language they understand.
● Complaint mechanisms: Establish appropriate mechanisms and clearly outline the procedure and time limits for filing complaints. Ensure that all employees understand these processes.
● Display of PoSH policy: Display your PoSH policy in a visible place, such as on notice boards. Consider using innovative methods including posters, placards and digital displays, to communicate the policy effectively.
● Investigation and resolution: The IC must investigate all sexual harassment complaints and submit its findings to the employer. The employer must take appropriate action, recording the reasons in writing. Ensure that all parties are heard, and parties receive a report on the findings.
● Non-compliance: Failure to comply with the PoSH Act can lead to legal repercussions, including fines and imprisonment.
Adhering to these key elements is crucial for compliance with the PoSH Act. It is important to approach workplace safety with genuine commitment, not just for mere compliance.
The article has been authored by Kelp CEO & co-founder Smita Shetty Kapoor.
