POSH Act and its Provisions

The Prevention of Sexual Harassment (POSH full form) Act is a law passed by the Indian government in 2013 to prevent and address sexual harassment at the workplace. The Act requires all organizations with more than ten employees to implement policies and procedures to prevent sexual harassment and to establish an internal complaints committee to investigate and address complaints of sexual harassment.

The Act defines sexual harassment broadly and includes the following:

The Act also protects against retaliation for making a complaint or participating in an investigation. The Act applies to all employees, including full-time, part-time, and contract employees, as well as interns and volunteers. It also applies to all workplaces, including the public and private sector and non-governmental organizations. We can help you in setting up an Internal Complaints Committee (ICC) as mandated by the POSH Act, and also provide guidance on the appointment of external members to the committee.

Under the Act, employers are responsible for implementing policies and procedures to prevent sexual harassment, providing training to employees and managers, and establishing an internal complaints committee to investigate and address complaints of sexual harassment. Employers are also required to display information about the Act and the complaint procedure in a prominent location in the workplace.

If an employer fails to comply with the provisions of the Act, they can be penalized with fines, and the guilty person may face imprisonment or both. Therefore, employers must take POSH compliance seriously and take appropriate measures to prevent and address sexual harassment in the workplace. We can conduct a comprehensive audit of your organization POSH compliance framework to identify gaps and suggest corrective measures.