Building a Safe Workplace: Responsibilities Under the POSH Act
In this blog, we’ll explore the employer’s responsibilities, the structure of the ICC, and the key components of an effective POSH policy.
Employer Responsibilities Under the POSH Act : Creating a Safe Environment
The POSH Act mandates employers to ensure compliance and create a safe, harassment-free workplace for women employees.
- Drafting a POSH Policy
Employers must create and communicate a detailed POSH policy outlining zero tolerance for sexual harassment. It should include definitions, procedures, and consequences of non-compliance. - Setting Up an Internal Complaints Committee (ICC)
For workplaces with 10 or more employees, it is mandatory to form an ICC to address complaints of sexual harassment. - Awareness and Training Programs
Employers must conduct regular workshops and orientation programs to educate employees about the POSH Act, complaint procedures, and employee rights. - Display of POSH Information
The organization must display details of the ICC members, the POSH policy, and the consequences of sexual harassment at prominent locations in the workplace. - Submitting Annual Reports
Employers are required to file an annual report with the district officer, summarizing the number of complaints received and their resolutions.
By fulfilling these responsibilities, employers ensure a safer workplace while protecting the company from legal penalties.
Constitution of the Internal Complaints Committee (ICC)
The Internal Complaints Committee (ICC) is central to the POSH Act’s redressal mechanism, ensuring fair and unbiased complaint resolution.
Structure of the ICC and Member Roles
- Presiding Officer
- A senior female employee from the organization.
- This ensures representation and trust for women employees.
- Internal Members
- Two or more members, preferably with experience in social work or knowledge of legal matters.
- These members assist in handling and investigating complaints fairly.
- External Member
- An external member from an NGO or an association dedicated to women’s welfare.
- Their involvement ensures impartiality and expertise in handling sensitive cases.
Important Rules for ICC
- Tenure: ICC members can serve for a maximum term of 3 years.
- Gender Ratio: At least 50% of the ICC members must be women.
- Accountability: The ICC must address and resolve complaints within 90 days from the date of filing.
The formation of the ICC is not optional but a mandatory requirement. Non-compliance can lead to penalties of up to ₹50,000 and legal consequences.
The Importance of Formulating a POSH Policy
A POSH policy clearly defines the organization’s commitment to preventing sexual harassment and ensuring a safe workplace.
Components of an Effective POSH Policy
- Objectives and Purpose
Define the purpose of the policy—preventing harassment, protecting employee dignity, and complying with legal requirements. - Scope
Clarify that the policy applies to all employees, including contractual staff, interns, and freelancers, and extends to all workplace settings. - Definition of Sexual Harassment
Include clear examples of what constitutes sexual harassment, such as unwanted physical advances, sexually colored remarks, and inappropriate gestures. - Responsibilities
Outline the roles of the employer, ICC members, and employees in maintaining a harassment-free environment. - Redressal Process
Detail the procedure for filing complaints, the role of the ICC, and the timelines for resolution. - Appeal and Disciplinary Actions
Describe the appeal process and the penalties for offenders, including warnings, suspension, or termination, depending on the severity of the case. - Privacy Clause
Highlight that all complaints and proceedings will be handled with utmost confidentiality to protect the dignity of the complainant.
Conclusion
By forming an Internal Complaints Committee, drafting a clear POSH policy, and conducting regular awareness programs, organizations can create an environment where employees feel safe, respected, and valued.
Taking these steps not only ensures legal compliance but also fosters trust and confidence within the workforce.
Ready to get POSH-compliant? Exertion HR Solutions Pvt. Ltd. is here to help you.
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