POSH Compliance Law Firm In Delhi
POSH law & Sexual Harassment Law Compliance Services.
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:
For Employers: As stated in section 4 of the POSH Act, if a company has more than 10 employees then they need to form an Internal Complaints Committee (ICC). The committee must comprise the following:
• 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 The failure in compliance with the POSH act can lead to severe consequences, they include:
• 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.
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