Objective
The Objective of the Act is to provide protection against sexual harassment of women at workplace and also to prevent and reduce the number of complaints against sexual harassment and other connected and incidental issues.
Origin of POSH Law
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha on 3 September 2012.
Applicability
The Prevention of Sexual Harassment (POSH) at workplace Act is applicable to every workplace, establishment, company or organization employing 10 or more employees (full time, part-time, interns or consultants included) irrespective of the location or nature of the industry. It is applicable across India to all establishments, governments and private. Even domestic women workers are also given protection under the purview of this Act.
Defining Sexual Harassment under POSH
The Act defines sexual harassment quite widely, and also includes ‘quid pro quo’ harassment, such as promises of advancement in return for sex.
Sexual harassment does not have to involve physical contact but could, for example, include sexual remarks, sexually explicit pictures or screensavers and inappropriate advances made directly or via social networking sites.
Prevention of SEXUAL HARASSMENT (POSH)
Sexual Harassment is defined as an unwelcome sexually determined behaviour (whether directly or by implication) such as:
• Physical conduct and advances
• A demand or request for sexual favours or making sexually coloured remarks or
• Showing pornography or
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
• The harassment in relation to or connected with any act or behaviour of sexual harassment as follows amount to serious misbehaviour and the same is required to be viewed seriously
• Implied or implicit promise of preferential treatment in her employment or
• Implied or explicit threat about her present or future employment status
Prevention of Sexual Harassment (POSH) at WORKPLACE Act
The Act utilises the concept of the ‘extended workplace.’ In addition to the office of the employer or employee, any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for the purpose of commuting to and from the place of employment, will also constitute a workplace.
Further, social settings endorsed or financed by the employer are also considered a workplace under POSH law.
Establishing a mechanism to address POSH-related complaints
If an organisation wants to be POSH compliant, it must have a mechanism for employers to address complaints relating to sexual harassment.
This channel is known as the Internal Complaints Committee (ICC) or Internal Committee (IC).
Reporting requirements under POSH Law
The IC must also prepare an annual report for submission to the employer and the local labour district office. This mandatory report must include:
• Number of cases received and resolved
• Number of cases pending for more than 90 days
• Actions taken by the employer
• Number of workshops or awareness programmes undertaken.
There is also an obligation under the Act for the employer to include this POSH law-related annual report in the company’s annual report.
Non-Compliance
Non-compliance to POSH act will result in heavy monetary penalty, additional damages and company license cancellation.
The Ministry of Corporate Affairs has made it mandatory for all private companies to make disclosure of compliance under “POSH Act” through their Annual Board Report.
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The need for a PoSHCertificate- A PoSH
Certificate showcases proficiency in implementing workplace policies related to preventing sexual harassment. It’s evidence of understanding laws, creating safe environments, and supporting victims. The PoSH Certificate is a government-recognized certification, making it a valuable professional asset. Employers value it for ensuring compliance and promoting a respectful workplace culture. The PoSH Certificate can be added to a resume, highlighting an individual’s commitment to creating a safe and respectful work environment.
Why be a PoSH trainer?
Becoming a certified PoSH trainer offers a rewarding opportunity to make a tangible difference in creating safer workplaces. As a PoSH trainer, you’ll have the chance to educate others on important legal requirements, empower individuals to recognize and address sexual harassment effectively and contribute to building a culture of respect and dignity within organizations. As a PoSH trainer, you play a crucial role in promoting awareness, fostering empathy, and equipping workplaces with the tools needed to prevent and address harassment. Your efforts contribute to creating a more inclusive and harmonious work environment for all.
What you need to do to become a PoSH Trainer
To become a PoSH-certified trainer, you’ll need to complete specialized training programs approved by reputable institutions. These programs cover key areas like understanding the PoSH Act, managing harassment complaints, leading awareness sessions, and ensuring policy implementation. After finishing the training and passing the assessment, you’ll receive certification as a PoSH trainer, enabling you to educate others on preventing and dealing with sexual harassment at work.
Announcing: The Certificate course on PoSH at the workplace!
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Why Prompt?
Benefit from our extensive experience in promoting PoSH compliance and safe workplaces nationwide. Let us equip you to cultivate dignity and security within your organization. Our comprehensive PoSH training program covers the legal essentials of the PoSH Act, explores real-life scenarios, and equips you with practical strategies to ensure seamless compliance.
What is a PoSH Certificate?
A PoSH (Prevention of Sexual Harassment) Certificate is a formal document awarded to individuals who complete training on preventing and addressing sexual harassment in the workplace. This certification educates employees, managers, and HR professionals about the legal framework, rights and responsibilities, redressal mechanisms, and preventive measures related to sexual harassment, ensuring a safe and respectful work environment. Prompt Personnel’s PoSH Certificate program includes in-depth training sessions, expert guidance, interactive workshops, and certification to demonstrate a commitment to maintaining a harassment-free workplace.
How to become a PoSH Certified Professional?
To become PoSH certified, individuals must complete a recognized training program on the Prevention of Sexual Harassment, which includes understanding the legal framework, rights and responsibilities, complaint handling procedures, and preventive measures. Prompt Personnel offers a comprehensive PoSH Certificate program with in-depth training sessions led by experienced trainers, interactive workshops, and expert guidance. Upon successful completion, participants receive a PoSH Certificate, demonstrating their commitment to maintaining a safe and respectful workplace.
Who Should Attend?
This program is tailored for HR professionals, compliance officers, legal advisors, and internal committee members. This PoSH program will equip you with the knowledge and strategies to develop robust policies, implement effective grievance redressal mechanisms, and foster a culture of respect and inclusion.
Course Details:
Our program comprises 20 hours of training delivered through weekly sessions, each lasting 2 hours, conveniently scheduled over weekends. Additionally, we offer a focused 4-hour course as part of our comprehensive training offerings.