POSH Act and All You Need to Know About It

Spread the love

Sexual harassment in the workplace is a sensitive issue that has been prevalent for a long time. It can have severe consequences on the victim’s mental and physical well-being, leading to anxiety, depression, and other serious illnesses. In the worst cases, it could lead to lifelong impressions on the minds of the victims. Prevention of Sexual Harassment Act addresses workplace harassment. It is an integral part of complete Labour Law Compliance and regulations. Dealing with POSH is very important for an organisation to safeguard its employees and itself from personal and legal consequences.

 

What is sexual harassment?

 

The POSH Act defines sexual harassment as any 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. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature, that has the potential to harm an individual’s dignity or create an intimidating, hostile, or offensive work environment. The harassment in relation to or connected with any act or behaviour of sexual harassment as follows amounts to serious misbehaviour, and the same is required to be viewed seriously. This includes an implied or implicit promise of preferential treatment in one’s employment or threat of detrimental treatment in her employment, or an implied or explicit threat about her present or future employment status or interference with work or creating an intimidating or offensive hostile work environment for her, or humiliating treatment likely to affect her health or safety- Through sexual advances, unwelcome touching, sexually explicit jokes or comments, and displaying sexually explicit material.

 

Do You Need POSH Implementation in Your Organization?

 

The Government of India enacted the Prevention of Sexual Harassment Act (POSH) in 2013, which mandates employers to establish a policy to prevent sexual harassment in workplaces.  Every employer, having 10 or more than 10 employees in their organisation is obliged to constitute a committee at different administrative units or offices, divisions or subdivisions of his establishments. this committee should consist of the following members nominated by the employer:

 

  • Presiding officers who shall be women employed at a senior level at the workplace
  • two members who are committed to the cause of women or have any legal knowledge or have work experience in social issues,
  • one member from the non-governmental organisation or association committed to the cause of women or a person familiar with issues related to sexual harassment.

This Act includes the following:

 

  • Creating a safe working environment:

As an employer, you must ensure that the workplace is free from sexual harassment and that employees feel safe and comfortable while working.

 

  • Forming an Internal Complaints Committee (IC):

Employers must establish an Internal Complaints Committee IC, which will deal with complaints of sexual harassment.

 

  • Conducting awareness and sensitization programs:

Employers must conduct regular training programs for employees to create awareness about the POSH Act and sensitize them about sexual harassment.

 

  • Providing support to victims:

Employers must provide support to victims of sexual harassment and ensure that they do not face any retaliation.

If an employee faces sexual harassment at the workplace, they can file a complaint with the ICC. The ICC will then investigate the complaint and take appropriate action against the accused. The ICC is empowered to impose a range of penalties on the accused, including termination of employment, suspension, demotion, or a warning.

 

Process Flow Chart for Complaint handling for Sexual Harassment at Workplace

Posh compliance

 The POSH Act is a significant step towards ensuring the safety and well-being of employees in the workplace. Employers must create a policy to prevent sexual harassment, establish an ICC, conduct regular awareness and sensitization programs, and provide support to victims. Employees who face sexual harassment should not hesitate to file a complaint with the ICC and should take appropriate action to ensure that the accused is punished. By implementing the POSH Act, we can create a safer, more inclusive workplace for all.

 

In order for an organisation to be completely compliant, it has to look into Labour Law Compliance, regulations and the creation of committees relating to the POSH Act. To completely safeguard your organisation from the consequences of non-compliance, these steps are mandatory. if you are looking for a Labour Law consultancy to look at all your compliance challenges, look no further. Prompt Personnel, with over three decades of labour law and compliance expertise is the right partner for you. We at Prompt deal with not just Labour Law Compliance but also end-to-end solutions relating to the POSH Act. From the formation of an internal committee (IC), conducting an Awareness program for IC as well as employees to Audit of the grievance handling process. With Prompt, you can cover all aspects of your growing business. Permanent Staffing, Temporary Staffing, Payroll Management and implementation of the POSH Act. A complete solution to all your business requirements.

 

Posh Course

What is a PoSH Certificate?

 

A PoSH Certificate signifies proficiency in understanding and implementing the PoSH Act in the workplace. It serves as proof of expertise in creating safe working environments, establishing internal complaints committees, conducting awareness programs, and supporting victims. Organizations often seek employees with PoSH certification to ensure legal compliance and promote a respectful, safe culture.

 

How to Become a PoSH Certified Trainer

 

Becoming a PoSH certified trainer involves specialized training programs accredited by recognized institutions. These programs cover the legal framework of the PoSH Act, handling sexual harassment complaints, conducting awareness sessions, and facilitating effective PoSH policy implementation. Successful completion of the training and assessment leads to certification, enabling individuals to educate others on preventing and addressing workplace sexual harassment.

 

Introducing: The Certificate Course on PoSH at the Workplace

 

This course aims to train individuals and ICC members in the PoSH Act, covering legal aspects, case studies, and practical insights to enhance compliance. The training equips participants with the knowledge and skills to foster a safe and respectful workplace.

 

Why Choose This Course

 

Prompt Personnel has championed PoSH compliance in leading organizations across India. Our expertise empowers you to cultivate a culture of dignity and safety in your organization.

 

Course Details

 

Our Certificate Course on PoSH at the Workplace offers comprehensive training to individuals and ICC members on the nuances of the Prevention of Sexual Harassment (PoSH) Act. Here’s what you can expect:

 

  • Duration: The course spans 20 hours of intensive training, with each session lasting 4 hours.
  • Frequency: Sessions are conducted once a week over five weeks, ensuring comprehensive learning.
  • Delivery: Enjoy the convenience of online learning, with interactive sessions held via video conferencing.
  • Eligibility: Designed for HR and compliance professionals, in-house counsel, ICC members, students, and anyone interested in PoSH compliance.
  • Certificate: Upon successful completion, participants receive a certificate of achievement, recognizing their expertise in PoSH compliance.

 

Additional Courses Offered:

 

  1. Develop Internal PoSH Trainers: Train-the-Trainer PoSH Course: Empower your organization with in-house PoSH trainers. This course equips selected individuals with the skills and knowledge to effectively train others within your organization on PoSH compliance.
  2. Corporate PoSH Mastery: Flexible Training Options for Your Workplace: Tailored to meet the specific needs of your organization, our Corporate PoSH Mastery program offers flexible training options, including on-site workshops, customized training modules, and ongoing support to ensure comprehensive PoSH compliance.

 

Register NOW

 

Take advantage of our HR experts, team of recruiters, and labor law consultants to open avenues of growth and success for your organization. We offer Temporary Staffing, Permanent Staffing, Labour Law Compliance Management & Advisory, and more.

 

For more information, visit our Certificate PoSH course details. 

FIND THE RIGHT HR PARTNER


Take advantage of our HR experts, team of recruiters and labor law consultants to open avenues of growth & success for your organization. We offer Temporary Staffing, Permanent Staffing, Labour Law Compliance Management & Advisory, and many more such services.


Need to know more about our Services? Fill in the below form.


    Let's get to business


    What is 8 + 2 ? Refresh icon

    And be sure to connect with us on LinkedIn, Facebook, Instagram and Twitter for up-to-date news and tips and let us know what’s on your mind.

    Related Post :

    Business Enquiry