POSH Compliance in India

Sexual harassment of women is a prominent issue across the country, and especially in the workspace. This is quite common and most of the cases are not reported because of the fear of losing a job. But the situation was finally encountered with seriousness when an act was passed against the sexual harassment of women in the workplace. This significant step was the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (commonly called POSH or The Act), which finally became a law in the year 2013.

POSH was the very first legislative redressal of the grievances of the women victims of workplace harassment. It states that the employers of a company are duly responsible for ensuring a safe working environment by preventing, prohibiting and addressing the serious situation of sexual harassment.

This form of harassment is not restricted to physical contact, other forms of sexual harassment include sexual remarks, sexually explicit pictures or screensavers and inappropriate advances made directly or via social networking sites. It also includes ‘quid pro quo’ harassment, which is promises of advancement in return for sexual activities.

POSH Law for Company - Rules and Penalties

Under the posh law of the Indian Government, provided below are the rules for the employer and employees:

• A presiding Woman Officer who is appointed from senior management.
• An external individual who may be a part of an NGO or a lawyer.
• Presence of at least two members to represent the employees of the organization.

All the complaints have to be reported to this body, which would resolve the issue impartially.

For Employees: The employees of companies are required to undertake sensitization training every year about the prevention of Sexual harassment. The investigation should be done strictly irrespective of the intensity and intention of the accused person.

Penalties on the failure of POSH Compliance

• If the employer does not constitute an internal committee or breached the regulations under the POSH Act, then they are liable for a fine of fifty thousand rupees (INR 50,000).
• If the employer has been previously convicted for an offense punishable under this act and he commits the offense again, then he is convicted again for the same offense and the punishment is doubled.
• The extended penalties can cause:
  • Cancellation of license
  • Withdrawal or non-renewal of registration for carrying on business by the Government or local authority.

POSH lawyers in India

Global Jurix is a legal firm in India that has earned a great reputation over the years for responsible and reliable methods for legal services for POSH and other legal issues. Our experienced and erudite POSH lawyers in India are very considerate about the violation of the women’s fundamental rights to equality and right to life, which are guaranteed under Articles 14, 15 and 21 of the Constitution of India. Our team of senior lawyers acts as act as an external member for IC to ensure the companies are following the process, compliance and investigation of sexual harassment cases, as well as the documentation, is done properly. Hence, they have experience in handling POSH cases which make the client able to trust them.

To know more about POSH compliances in India under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"), please contact readily at: +91-81303-00046; or mail your questions promptly to: companies@globaljurix.com