Overview

POSH (Prevention of Sexual Harassment) policy is a set of guidelines and procedures that companies in India must follow to prevent sexual harassment in the workplace. The policy is based on the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and applies to all workplaces in India with 10 or more employees.

Applicable Law

The Prevention of Sexual Harassment of Women at Workplace (POSH) policy in India is required to be implemented by companies as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This law mandates that all workplaces in India, including public and private organizations, have a POSH policy in place to prevent and address incidents of sexual harassment at the workplace. The Act places a legal obligation on the employer to ensure a safe and harassment-free workplace for women and sets out specific guidelines for the constitution of an Internal Complaints Committee (ICC) and the process to be followed for complaints, inquiries and redressal of sexual harassment complaints. The POSH policy is an important measure to protect employees from sexual harassment and ensure a safe and inclusive work environment. Here are some key elements of the POSH policy:

• Definitions: The policy should define what constitutes sexual harassment and provide examples of inappropriate behavior. It should also define the roles of the Internal Complaints Committee (ICC), which is responsible for investigating complaints of sexual harassment.
• Complaints procedure: The policy should outline the procedure for making a complaint of sexual harassment, including how to report an incident, the confidentiality of the complaint, and the time frame for investigation.
• Investigation procedure: The policy should detail the procedure for conducting an investigation, including how the ICC will gather evidence, interview witnesses, and determine whether sexual harassment has occurred.
• Action and remedies: The policy should outline the actions and remedies that may be taken if sexual harassment is found to have occurred, including disciplinary action against the harasser, counseling for the victim, and any other appropriate measures to prevent future incidents.
• Training and awareness: The policy should include training and awareness programs to educate employees about sexual harassment, how to prevent it, and how to report incidents.
• Compliance: The policy should ensure compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and any other applicable laws or regulations.

Benefits

• Provides a safe work environment: POSH policy ensures a safe and respectful work environment for all employees, especially women.
• Prevents legal liabilities: By implementing a POSH policy, companies can avoid legal liabilities arising from sexual harassment complaints.
• Builds trust: A POSH policy can help build trust and confidence among employees, as it demonstrates the company's commitment to protecting them from harassment.
• Improves productivity: A safe and inclusive work environment can improve employee morale, job satisfaction, and productivity.

Essentials Clauses

If an employee is found guilty of sexual harassment, the company may take disciplinary action, including termination of employment. The POSH policy should clearly outline the action and remedies that may be taken, including termination, and ensure that the process is fair and impartial. The termination must comply with the applicable laws and regulations, and the employee should be provided with notice and an opportunity to respond to the allegations.

Why approach LAWYASA?

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• Customer support: Lawyasa provides excellent customer support. Our team is available to assist you with any questions or concerns you may have, and they keep you informed throughout the entire legal process.

How can LAWYASA assist?

Lawyasa can assist in drafting and delivering a POSH policy by providing legal expertise and guidance on the requirements of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Here are some ways in which Lawyasa can help:

• Drafting: Lawyasa can help draft a customized POSH policy that is tailored to the specific needs and requirements of the company. This will include defining the scope of the policy, defining sexual harassment, outlining the process for making a complaint, specifying the role of the Internal Complaints Committee (ICC), and defining the penalties for non-compliance.
• Review: Lawyasa can review an existing POSH policy to ensure that it is compliant with the requirements of the law and is effective in preventing and addressing incidents of sexual harassment at the workplace.
• Training: Lawyasa can conduct training sessions for employees and members of the ICC on the requirements of the law, the company's POSH policy, and how to prevent and address incidents of sexual harassment at the workplace.
• Compliance: Lawyasa can assist the company in ensuring compliance with the law by reviewing and monitoring the implementation of the POSH policy and providing legal guidance and support in the event of a complaint or inquiry.

Frequently Asked Questions