Welcome to POSHitive, your ultimate source for insights on creating safe and respectful workplaces! We are Safe Spaces Inc., a leading POSH advisory services firm committed to fostering awareness and ensuring workplaces in India are free from sexual harassment.
The POSH Act is designed to ensure a safe and respectful workplace for all employees. Section 19 of the POSH Act outlines the specific duties of an employer in preventing and addressing sexual harassment in the workplace.
The section was referenced by the Chief Justice of India in the Kolkata case, emphasizing the importance of these obligations in maintaining a safe and inclusive work environment. This blog aims to simplify these duties and provide practical steps for compliance, ensuring a harassment-free workplace.
Key Employer Duties as per Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013
1. Safe Work Environment
Employers are required to provide a safe workplace for women, which includes prevention, prohibition & redressal of sexual harassment by any persons coming in contact with the workplace. This includes:
- Constituting an Internal Committee (IC): Employers must set up an Internal Committee, which should include an external member, ensuring impartiality and expertise.
- Creating a POSH Policy: A well-defined POSH policy should be implemented, outlining the company’s commitment to maintaining a harassment-free environment.
- Board Resolution: Passing a board resolution where applicable. This board resolution acts to formally vest the powers of the Internal Committee to handle matters related to the Prevention of Sexual Harassment.
2. Communication
Employers must ensure clear communication on sexual harassment and the steps employees can take to report any incidents. This includes:
- Displaying Posters: The penal consequences of sexual harassment must be displayed prominently in English and local languages. Local languages are essential since the purview of the POSH Act is beyond employees to include any visitors, customers, clients, contractors or even bystanders.
- Employee Access to IC Details: Ensure that employees know how to contact the IC and report any concerns or complaints.
- Disseminating POSH Policy: This could be via email or through any internal channels including HRMS. A regular update to the employees helps keep them informed. Some organisations also include information in their induction.
3. Awareness
Regular training and awareness programs are essential to prevent harassment and inform employees of their rights and the reporting mechanisms. This includes:
- Employee Awareness Sessions: Conduct regular awareness sessions to educate employees about sexual harassment, their rights, and available support systems.
- IC Training: Train the Internal Committee regularly to ensure they understand their responsibilities and can handle complaints effectively.
4. Cadence
To ensure a consistent approach to sexual harassment prevention, employers should ensure:
- Regular IC Meetings: IC Meetings are recommended quarterly where the IC works towards the objective of creating a safe work environment for women at the workplace through Prevention, Prohibition and Redressal of Sexual Harassment.
5. Investigation Process
Employers must ensure a proper investigation process in place, including:
- Providing Resources: Employers are required to offer the necessary
- Procedures: The Internal Committee must follow the timelines and procedures as stated in the POSH Act while conducting an investigation.
6. Action Against Sexual Harassment
When harassment occurs, the employer must act swiftly and effectively:
- Supporting the Complainant: Support the complainant in lodging an FIR, if needed, and help lodge a complaint with the respondent’s organisation if they are not an employee.
- Taking Action Against Respondent: Help lodge a complaint with the respondent’s organisation if they are not an employee.
7. Reports & Documentation
Maintaining proper documentation and reporting is essential for transparency and accountability:
- Investigation Reports: Maintain a detailed investigation case-based report that includes findings and actions taken.
- Annual Report: Submit an annual report to the district officer detailing the actions taken to comply with the POSH Act.
Section 19 of the POSH Act highlights the importance of creating a safe, inclusive, and harassment-free workplace through proactive measures, communication, and investigation processes. By fulfilling these obligations, employers can foster a positive work culture and avoid the legal and reputational risks that come with non-compliance. Following these steps ensures that sexual harassment is prevented and dealt with effectively, supporting a respectful and secure work environment for all employees.
POSHitive Outlook
POSHitive, a mini-blog by Safe Spaces Inc., aims to simplify POSH compliance into easily digestible pieces.
Remember, creating a safe workplace is not just a legal obligation but an ethical commitment to contribute to a positive and thriving work environment.
Join us on our journey towards building workplaces where everyone feels secure, respected, and empowered. After all, Safe Spaces are the foundation of a POSHitive future!
For further support on POSH Compliance, POSH Trainings, or Diversity, Equity, Inclusion, and Belonging (DEIB) training, visit Safe Spaces Inc. or contact us at support@safespacesinc.in
PS: This blog is for informational purposes only and should not be considered legal advice. If you have experienced sexual harassment, please seek professional help or contact the relevant authorities.
