Stop Sexual Harassment in the Workplace With POSH Act.

Introduction

The Sexual Harassment of Women at Workplace Act or Posh Act 2013 (Women Harassment Act) is a law from India passed to make workplaces safer for women by preventing, outlawing, and redressing incidents of sexual harassment against them. The Ministry for Women and Child Development implemented the law on December 9, 2013, across India.

With news of rapes and assaults making newspaper and media headlines in India, sexual harassment of women has become a common occurrence. As citizens, we must take action to preserve the dignity of women.

People and organizations should protect female coworkers, managers, and others even at work, and they should speak out against any harassment we may see.

A civilization worth honoring the values of women

Posh Assures Women’s Safety at the workplace.

The following information about sexual harassment of women at work was revealed based on published data. In roughly 100 BSE companies, sexual harassment claims increased by 14%. In these businesses, the proportion of women increased by 8% in 2019. The awareness raised by #MeToo may be directly attributed to this rise.

According to information released by India Spend, workplace sexual harassment charges rose alarmingly by 54% between 2014 and 2017. In comparison to 722 occurrences the previous year, 823 incidences of sexual harassment have so far been reported in 2019. The government passed a law to stop such instances at work amid mounting worries about workplace harassment. The POSH Act was the name of this law.

What is ‘Sexual Harassment?

The following unwanted activities are included in the definition of sexual harassment under Section 2(n) of the Act:

1. Touch and advances on the sexual nature.
2. The request or demand for sexual favors.
3. Making comments with a sexual undertone.

Displaying Pornography

• Any other inappropriate sexual behavior, whether physical, verbal, or nonverbal.

If the woman indicates her discomfort during the Act’s performance or refuses to provide her consent, the Act may be deemed unwanted. The following situations may also qualify as sexual harassment if related to any of the acts mentioned earlier or behaviors.

• The assurance of favorable treatment in the workplace, whether implicit or explicit.
• The threat of unfavorable treatment at work, whether implicit or explicit.
• Threats regarding one’s current or future employment status, whether implicit or overt.
• Interfering with work or fostering a hostile, offensive, or intimidating work environment.
• Humiliating treatment could endanger one’s health or safety.

 

Who Must Adhere to the Rules?

For the covered entity, you are an employer if you:

1. The head of any government or local authority department, organization, endeavor, establishment, enterprise, institution, office, branch, or unit.
2. The person in charge of managing, overseeing, and controlling any workplace is not covered by point.
3. The individual or household hires a domestic worker in a home or other domestic abode, regardless of the tasks the domestic worker performs, the length of time they are employed, or whether they are employed full- or part-time.

This raises the question, “For this Act, what constitutes a workplace?” The phrase “workplace” is defined in Section 2(o) as including:

1. Any agency, company, initiative, foundation, business, institution, office, branch, or unit created is owned by the government, a local government (such as a municipal corporation), a government corporation, or a government-run cooperative society.
2. Any company, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization (NGO), or service provider engages in business, industry, finance, tourism, or wellness operations.
3. Medical Institutions
4. Sports facilities can be utilized for practice, games, or other related activities. These include stadiums, sports complexes, and competition locations.
5. Any location that a person visits as a result of their employment. This also applies to any transportation services the employer offers when visiting such locations.
6. Houses or other residential dwellings
7. Any business that produces or sells products or services owned by individuals or independent contractors is often considered a part of the unorganized sector.

The PoSH Act shields female employees against sexual harassment at work. All-female employees, irrespective of

1. They are paid daily, ad hoc, temporary, or regular basis.
2. They are employed directly, by a contractor or agent, or both.
3. They work for the main employer either knowingly or unknowingly.
4. They either work for pay or on a volunteer basis.
5. The employment conditions are stated or implied.

The PoSH Act protects those mentioned earlier. The PoSH Act also covers female contract employees, probationers, trainees, apprentices, and interns.

What Does the PoSH Act Mandate?

• Creating a safe work environment: Under the PoSH Act, employers make sure that their employees are safe at work. In this regard, they must take precautions to guarantee the safety of their employees from both employees and others who may enter the workplace (delivery boys, for example). This rule applies to company-owned cars and outside websites that employees visit, in addition to the workplace.

• Each company with more than ten employees should establish an internal committee: One of the two dispute resolution bodies established by the PoSH Act is the Internal Committee (IC). Any employer who employs ten or more people at a location must be an IC. The IC is in charge of investigating and resolving any allegations of sexual harassment in such a workplace.
• Every District must have a local committee, but this does not mean that all other workplaces do not protect women under the PoSH. Only businesses with ten or more employees are required to have ICs. The PoSH Act also mandates the establishment of a Local Committee (LC) in each District, which is in charge of hearing and resolving sexual harassment claims made at places of employment with less than ten employees. The LC also resolves complaints when made directly vs. a workplace’s employer.
• A thorough investigation of all sexual harassment claims: Within ninety (90) days after receiving the complaint, the IC/LC, as applicable, must investigate each allegation of sexual harassment under the service regulations that apply to the respondent. The IC/LC must write a report summarizing its findings after an investigation is finished. If the sexual harassment claims are confirmed, the IC/LC may suggest that the district officer or the accused’s employer take action.

• Posh at work: Workshops and awareness campaigns are organized regularly to inform staff members of the Act’s requirements. Every employer is required under the PoSH Act to hold regular sensitization workshops for all its employees so that everyone knows the Act’s requirements, the organization’s complaint procedures, and the repercussions of sexual harassment. Professionals must lead these workshops and training sessions with knowledge and expertise in POSH sensitization.

• Punishment for false and malicious complaints and false proof. The PoSH Act recognizes false and malicious complaints and calls for harsh action against them. Suppose the IC/LC determines that a sexual harassment claim is untrue. In that case, it may advise the employer or district officer to take appropriate action against the woman or the complainant under the service regulations that apply to them.

 

What are the Consequences of Breaking the PoSH Act?

The PoSH Act strongly condemns failure to adhere to its rules. A fine of up to 50,000 rupees may be imposed on an employer who neglects to form an internal committee or perform any of the other obligations imposed by the Act (Rs. 50,000). Suppose an employer violates the PoSH Act’s rules a second time. In that case, they risk losing their license, permit, or registration to conduct their business or activity and a fine that is twice as much as the penalties for the first offense.

Are there other justifications for a corporation adhering to the PoSH Act?

1. In addition to the financial and legal implications of failing to comply with the PoSH Act, an unsafe workplace can generally hurt your employees’ psychological well-being and decrease productivity. Employee turnover rates are higher in workplaces where workplace harassment occurs more frequently.

 

POSH Training

As rules like these emerged, assumptions and misunderstandings also spread. It was discussed in the corporate settings what constitutes harassment and what does not. People started making assumptions and wondering if something as simple as asking someone out for lunch qualified them as offenders. In addition, innumerable misconceptions and assumptions developed, contributing to a toxic work environment.

Notably, the POSH Act is a gender-specific law that goes beyond the confines of a workplace. However, every business must ensure that both genders view the POSH Act positively.

Managers, human resource managers, team leaders, and others must also educate staff members on the various aspects of the POSH field. To dispel any such misunderstandings or preconceptions, POSH training provisions have been implemented.

The main goals of POSH training are to familiarize employees with the various aspects, definitions, and effects of harassment in the workplace and to effectively train internal committee members so they can better understand the circumstances in which the POSH Act is applicable and how to handle such problems. To give appropriate information on POSH gender neutrality and how it might be used by men who experience sexual harassment at work.

Final Takeaway

Effective implementation of the PoSH Act decreases workplace sexual harassment expenses, eliminates employee anxieties and discomfort, boosts employee satisfaction, lowers employee turnover, and makes workplaces safer.