POSH Compliance

Do you know that Non-compliance with POSH can cost an employer a monetary penalty of INR 50,000?

What is POSH and why should employers comply with the Law?

In 2013, India took a major step in protecting women in their workplace. For several decades, women were given the least opportunities to work. Later on, when a few of them got the chance to do so, they were harassed and there was nothing they could do. This scenario required undivided attention in a country like India. Finally, in 2013, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH Act) came into action.

The POSH Act gives women rights against any act of sexual harassment at their workplace. To many people’s surprise, even in today’s world, many women do not realize when they are being harassed most of the time. The POSH act brought about a necessary change by making an “Internal Complaints Committee” (ICC) essential at all workplaces. With the help of ICC, women are not only making the required complaints but real actions are being taken to protect these women.

Implications of Non Compliance with POSH Act, 2013

1. An employer can be subjected to a penalty of up to INR 50,000 for failure to constitute Internal Complaints Committee.
2. The employers have had to pay standard damages when the aggrieved employee drags the matter to the courts for compensation
3. Lacking POSH compliance may also harm the reputation of the company and create a hostile work environment.

POSH is important and mandatory, we will take care of following:

1. Drafting a Policy/Review of existing POSH-related policy
2. Formation of Internal Committee
3. Employee Awareness Training
4. Internal Committee (IC) Training
5. Managing POSH Compliance
6. External Committee Member-Handing POSH cases
7. Filing Annual Return

We are living in a world where equality and equity both need to be managed successfully. POSH Compliance will help your company gain these significant qualities.

What does POSH term as Sexual Harassment?

Sexual harassment is a topic where nothing should be left unsaid. Stating every aspect of this topic is exceptionally imperative if we want to protect the women of our country. For a woman to know when to file a complaint, she must be aware of every action that is covered under the act. However, there is one piece of advice we hope reaches all the girls and women out there: If a touch or action feels even slightly wrong, do not let it go unsaid.

Going into a bit of technicality, the actions that are covered as sexual harassment under the act are:

1. Any demand or request for sexual acts.
2. Displaying pornography.
3. Sexually colored remarks.
4. Sexual advances and physical contact.
5. Sexual leering or visual gestures.
6. Unwarranted flirting.
7. Stalking.
8. Any other unwelcome physical, verbal, and non-verbal conduct of sexual nature.

However, this list does not end here. The Act also takes into consideration multiple workplace scenarios which can be considered as sexual harassment if they are in connection with any of the above-mentioned actions.

1. A promise of preferential treatment.
2. Demanding for sexual favors before giving work benefits
3. The threat of detrimental treatment.
4. Threat on employment status.
5. Giving threats for refusing to comply with sexual favors
6. Interference with work.
7. Creation of an offensive or intimidating work environment.
8. Humiliating treatment that can affect women’s safety or health.

In case of employee working from home, the following pointers are also considered as an act of sexual harassment

1. Sending personal and inappropriate messages
2. Sexual jokes/forwards/videos/drawings/pics
3. Sexual descriptions over the telephone or video conferencing
4. Continuous idle chatter over the phone which is of sexual nature
5. Unwelcome remarks while communicating
6. Digital stalking (stalking in all forms of social media)
7. Lewd gossips on colleagues about sexual affairs/sexual orientation/preferences/virginity
8. Vulgar humor or language while communicating
9. Relentless proposals for physical intimacy
10. Encroaching personal space by asking inappropriate questions
11. Passing Sexual comments on weight, body shape, size, or figure