What is POSH, and why should you create it?
POSH, or prevention of sexual harassment at the workplace, is a growing concern. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a law that safeguards employees from sexual harassment in offices. POSH is a broad concept and has large implications. Not only does it prevent harassment, but it also signifies the redressal of complaints. Our dispute litigation lawyers at TGC Legal help in designing policies in compliance with the POSH Act 2013, training, and setting the guidelines to prevent sexual harassment in the corporate environment.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act is a very crucial step to making the workplace environment secure and safe. The legal connotation implies the establishment of internal complaint committees and the implementation of prevention measures.
The scope of the POSH Act is broad. It applies to all workplaces, both the organized and unorganized sectors. The Act also has important provisions for domestic workers. The Act compulsorily suggests the formation of a committee for organisations with 10 or more employees. The primary focus of the Internal Complaints Committee (ICC) is to handle complaints of sexual harassment. It is the role of the employers to create awareness and a safe work environment.
Essential Aspects of POSH
The various aspects of POSH are:
- Prevention: The primary focus of POSH is to prevent instances of sexual harassment in the workplace. Organizations must create a safe environment through awareness programs, training sessions, clearly communicated policies, and encouraging respectful workplace behavior. Preventive measures include sensitization workshops, posters, and guidelines.
- Prohibition: POSH aims to prohibit all forms of sexual harassment, ensuring that such behaviors are explicitly recognized as unacceptable. Every company must display a clear anti-harassment policy and ensure employees understand that sexual misconduct will not be tolerated under any circumstances.
- Redressal: In case of complaints, a strong redressal mechanism must be in place. Every organization with more than 10 employees must form an Internal Complaints Committee (ICC) to handle grievances promptly, confidentially, and fairly. The process should be transparent, respectful to both parties, and legally compliant.
- Awareness and Training: Continuous awareness and training initiatives are vital to enforce POSH compliance. Organizations must conduct regular workshops for employees and management to understand the rights, responsibilities, and mechanisms under the POSH Act. Educating employees reduces the risk of violations and strengthens the workplace culture.
Types of POSH
Broadly speaking, harassment at the workplace, as per the POSH laws, has been categorized into:
POSH Policy
A POSH policy is a formal document that outlines an organization's commitment to preventing and addressing sexual harassment in the workplace. It details the definitions, examples, reporting mechanisms, complaint processes, and disciplinary actions under the POSH Act, 2013. Impact on Corporate: - Establishes a clear stance against harassment. - Protects the organization's reputation and ensures a safe work environment. - Builds trust among employees and improves overall morale and productivity. How a Corporate Lawyer Can Help: - Draft a legally compliant, customized POSH policy aligned with your company's size, nature, and jurisdiction. - Ensure the policy covers all necessary legal clauses and practical scenarios to prevent future litigation risks.
POSH Checklist
A POSH checklist is a practical tool that helps organizations evaluate whether they are POSH compliant. It includes steps like forming the Internal Complaints Committee (ICC), conducting periodic training, displaying necessary posters, and filing annual reports as required by law. Impact on Corporate: - Helps maintain legal compliance effortlessly. - Identifies gaps and ensures continuous monitoring of POSH-related activities. - Reduces the risk of penalties and reputational damage in case of inspections or complaints. How a Corporate Lawyer Can Help: - Provide a customized POSH compliance checklist tailored to your company's structure. - Conduct compliance audits periodically to ensure all legal obligations are met. - Assist in documenting procedures that would serve as proof of diligence in case of legal scrutiny.
POSH Training
POSH training sessions aim to educate employees, management, and ICC members on understanding sexual harassment, complaint redressal mechanisms, and workplace rights and responsibilities under the POSH Act. Impact on Corporate: - Raises awareness across all levels of the organization. - Reduces incidents of harassment by promoting a respectful culture. - Empowers employees to report issues early, avoiding escalations. How a Corporate Lawyer Can Help: - The dispute litigation lawyer can conduct customized, interactive POSH training workshops (both for employees and ICC members). - Guide the ICC on investigation procedures and legal best practices. - Help companies create training documentation needed for legal records and compliance audits.
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The POSH Act has legally identified a list of acts at the workplace and has pronounced them as sexual harassment. Here’s the detailed checklist. Physical contact and unwanted advances, Request for sexual favoritism, Passing taunts on sexually colored remarks, Sharing lewd comments or jokes, Sharing pornography or similar images and videos, Any other unwanted physical approach of a sexual nature, verbal or non-verbal, Staring or leering may make the person uncomfortable, Embarrassing touches and hugs, Undesired request to go out or meet outside the office, Intrusive and embarrassing questions about another person’s private life or body, Intentional brushing up against someone, Broadly speaking, harassment at the workplace, as per the POSH laws, has been categorized under two broad heads.
This is a Latin word, which means this for that. In the spectrum of POSH, quid pro quo means the respondent, mostly in power, pressurizes a woman, mostly subordinate. This is done for sexual favors against professional growth or the threat of professional demotion. This is done to threaten a woman to agree to such conduct for preferential or disadvantageous treatment in a job. The TGC Legal lawyers have come across cases where the asking is verbal or non-verbal but unwelcoming.
Forming an intimidating or uncomfortable workspace is also a case. Our lawyers are experts in providing advice on handling such cases from a legal perspective. An offensive workspace and interference with a woman’s professional performance are strictly taken into consideration. It generates a humiliating environment for the woman in the target, thereby reducing her focus and productivity.
Why Choose TGC Legal for POSH?
At TGC Legal, we have a dedicated team that handles POSH cases in various workplace settings.
We provide customized POSH training to different businesses. We also provide workshops and help various organizations prevent different sexual harassment cases.
Our legal professionals design real-life scenarios and case studies to make the training interactive and realistic.
We ensure to improve workplace culture and build trust amongst the employees.
Lawyers at TGC Legal offer training on POSH. These trainings help employees to follow compliance and build awareness.
Our lawyers at TGC Legal are equipped with various facets of POSH compliance and training. We support our clients in following the norms and regulations of the POSH Act and creating a safe and secure workplace.
Get In TouchEssential Aspects of POSH
The various aspects of POSH are:
- Prevention: The primary focus of POSH is to prevent instances of sexual harassment in the workplace. Organizations must create a safe environment through awareness programs, training sessions, clearly communicated policies, and encouraging respectful workplace behavior. Preventive measures include sensitization workshops, posters, and guidelines.
- Prohibition: POSH aims to prohibit all forms of sexual harassment, ensuring that such behaviors are explicitly recognized as unacceptable. Every company must display a clear anti-harassment policy and ensure employees understand that sexual misconduct will not be tolerated under any circumstances.
- Redressal: In case of complaints, a strong redressal mechanism must be in place. Every organization with more than 10 employees must form an Internal Complaints Committee (ICC) to handle grievances promptly, confidentially, and fairly. The process should be transparent, respectful to both parties, and legally compliant.
- Awareness and Training: Continuous awareness and training initiatives are vital to enforce POSH compliance. Organizations must conduct regular workshops for employees and management to understand the rights, responsibilities, and mechanisms under the POSH Act. Educating employees reduces the risk of violations and strengthens the workplace culture.