How to implement PoSH at your workplace

The opening page of a leading global NGO’s website expresses their solidarity with all the women employees who have experienced sexual harassment at the workplace, highlights the organisation’s zero tolerance for all harassment and commits to providing a safe working place to all.

This was the outcome of the victims’ outbursts on social media. They went public because many of them were not aware of a complaint redressal mechanism which the POSH Act mandates. And the organisation had not implemented PoSH.

So what does it mean to implement PoSH in the workplace?

Let’s start with the title: Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act - 2013 (PoSH) is a statute and the relief under the act is for women only. Lately as a best practice and to create a just work environment, organisations have been defining a gender-neutral PoSH policy.

What is ‘sexual harassment’?

It could be any unwelcome act or behaviour that is direct or implied —any type of physical contact, touch, advances, request or demand of sexual flavours, sexually coloured remarks, showing pornography or any other unwelcome physical, verbal or non-verbal conduct of sexual nature, any kind of implicit or explicit promise of preferential or detrimental treatment, or threatening the employment status by interfering with a woman’s job, resulting in an intimidating hostile work environment.

What is a ‘workplace’?

It is a place where any woman works or visits a place while at work. It includes offices, factories, companies, educational institutions, enterprises, branches or units, hospitals, sports institutes, games venues, hotels, and entertainment services which could be either governmental, non-governmental, private undertaking, a dwelling, a house or transportation, client site, work-sponsored parties engaged by the organisation during the course of work.

Who is an ‘aggrieved woman’?

A woman of any age who is employed or not, alleges to have been subjected to sexual harassment at a workplace.

Now, how to equip an organisation with the three requirements of the statute – prevention, prohibition and redressal?

Prevention and prohibition

‘Employer shall create the workplace free of sexual harassment’. Employer means any person who is the head of an organisation, undertaking, establishment, enterprise, institution, office, branch or unit responsible for the management, supervision and control of that workplace.

Every such employer employing 10 or more persons is required to constitute an Internal Complaints Committee (ICC) to manage any complaints of sexual harassment within the organisation. It shall have 50% women members. Out of them, these are a must: One senior woman employee nominated as the presiding officer and two members from amongst the employees preferably committed to the women’s cause or experience in social work or legal knowledge, an external independent member from among NGOs or associations or familiar with issues relating to sexual harassment.

An ICC can function for a period not exceeding three years. Then yet another fresh ICC shall be constituted. In case of the non-availability of a senior women employee to preside over the ICC, nominations can be done from other offices, administrative units of the organisations or other organisations.

Organisations with less than 10 employees will facilitate approaching the Local Complaints Committee under the respective District Welfare Officer to complain about any issue of sexual harassment.

After constituting the Internal Committee, the employer should ensure a safe workplace and zero tolerance of sexual harassment through effective communication and display of the penal consequences of sexual harassment, Order of Constitution of the ICC at all visible locations, organise sensitising workshops, and PoSH awareness programmes at regular intervals for the employees, provide assistance to the aggrieved woman if she chooses to file a complaint under the penal code and monitor timely submissions of the Annual ICC reports to the respective District Welfare Officer end of the calendar year.

Redressal of the complaint

The PoSH Act clearly specifies the redressal timelines in accordance with the principles of natural justice for the inquiry to be completed within 90 days of receipt of the complaint maintaining the commitment of confidentiality in the whole process of redressal.

An employer should implement the ICC/LCC recommendations within 60 days of receipt and appeals are to be submitted to the ICC/LCC within 90 days of the receipt of the recommendation report. No involvement of external legal counsels/ advocates/ lawyers is allowed in the ICC/LCC inquiry. Conciliation is also made available, and will not involve any monetary settlement.

PoSH non-compliance

As the PoSH Act is a mandatory requirement for organisations, non-compliance could invite a penalty of Rs 50,000/- in the first instance and on repeated offences twice the penalty or cancellation of the business license or registration or its withdrawal or non-renewal may be initiated by the appropriate local authority or the government.

National Human Resource Development Network (NHRDN) and Stratefix Consulting, a marketing research and management consulting firm jointly carried out a survey in 2022 to assess the level of awareness of the PoSH Act amongst the working professionals with 56% responding “I am not aware”.

The Apex Court in a hearing on May 12 observed that “it is disquieting to note that there are serious lapses in the enforcement of PoSH Act almost a decade into its enactment” and directed all public, and private undertakings, organisations and institutions to take note and implement the Act in letter and spirit. The requirements are not very difficult to facilitate. It is the will to know, implement and effective monitoring that’s lacking.

(The author is an independent consultant for PoSH and an external ICC member for a few organisations)