India enacted its law on prevention of sexual harassment against female employees at the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act") effective on April 23, 2013.
POSH has been enacted with the objective of providing women protection against sexual harassment at the workplace and for the prevention and redressal of complaints of sexual harassment.
Sexual harassment is considered as a violation of the fundamental right of a woman to equality as guaranteed under Articles 14 and 15 of the Constitution of India ("Constitution") and her right to life and to live with dignity as per Article 21 of the Constitution.
It has also been considered as a violation of a right to practice or to carry out any occupation, trade or business under Article 19(1)(g) of the Constitution, which includes a right to a safe environment free from harassment.
The definition of sexual harassment includes any unwelcome sexually determined behaviour (whether directly or by implication) such as physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical verbal or non-verbal conduct of sexual nature.
1) All organized sector and unorganized sector
2) Government Bodies
3) Private and Public Companies, Firms, Shops, Factories, Services
Employee covers - regular, temporary, ad hoc employees, contract, individuals engaged on daily wage basis, either directly or through an agent, co-workers, probationers, trainees, interns, apprentices, whether for remuneration or not, working on a voluntary basis or otherwise
Process and Compliances
All workplace having 10 or more employees with should have:
a. An ICC (Internal Complaint Committee) with majority of women and one external member
b. Policy on POSH
c. Awareness seminars for all employees
d. Training of ICC
e. Display of Posters
f. Intimation to Regulatory – one time and annual compliances
g. Status in Board of Directors Annual Report
h. Effective ICC role for prevention and redressal of complaints in time bound and confidential manner
i. Action against frivolous complaints
j. Employer to take action based on report of ICC
Legaljini team of lawyers and compliances provides advisory for POSH compliances, one-time services to set-up and overall support and guidance for compliance of Policy as well as regulatory filings.