POSH Implementation
Reinforce Respect: Build a Better Workplace
The Vishaka Guidelines promulgated by the Supreme Court of India in 1997 marks a groundbreaking initiative by the Indian judiciary aimed at safeguarding women against sexual harassment in the workplace. They establish a foundational framework for effectively addressing and preventing incidents of sexual harassment in professional environments.
The Sexual Harassment Act requires an employer to set up an ‘Internal Complaints Committee’ (“ICC”) at each office or branch having more than 10 employees of any gender in a specific framework laid down in the Act. The Sexual Harassment Act, 2013 also sets out the constitution of the committees, process to be followed for making a complaint and inquiring into the complaint in a time bound manner. It empowers the ICC to taken interim action and recommendations to the employer, at the request of the aggrieved employee.
☑ In addition to ensuring compliance with the other provisions stipulated, the Sexual Harassment Act casts certain obligations upon the employer to, provide a safe working environment, display conspicuously at the workplace, the penal consequences of indulging in acts that may constitute sexual harassment and the composition of the Internal Complaints Committee, organise workshops and awareness programmes at regular intervals for sensitizing employees on the issues and implications of workplace sexual harassment and organizing orientation programmes for members of the Internal Complaints Committee and many such regulations.
☑ The employer is also required to monitor the timely submission of reports by the ICC.
☑ If an employer fails to constitute an Internal Complaints Committee or does not comply with any provisions contained therein, the Sexual Harassment Act prescribes a monetary penalty of up to INR 50,000.
- A repetition of the same offence could result in the punishment being doubled and / or de-registration of the entity or revocation of any statutory business licenses.
- We at Talentism, assist companies by crafting POSH policies, educating employees, conducting workshops, and performing compliance audits to ensure a safe and secure work environment for all.
- Our strength lies in being knowledgeable and completely aware of POSH frameworks that need to be implemented in the workplace.
- We also believe that a conscious ecosystem of stakeholders in the organization and policies that instill a “preventive” culture can create a culture of trust and mutual respect.
- This will foster awareness across the board and resulting in gender sensitivity and healthier workforce inclusion.