The PoSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the PoSH Act or the Act) and Rules thereunder as the name goes-by, has been enacted to provide protection to women at their workplace against sexual harassment; prevention and redressal of complaints and for matters connected or incidental thereto.
- The PoSH Act lays down steps to the employers to ensure that women are protected against sexual harassment at all the workplaces, be it in public or private.
- The Act defines what conduct and act amount to sexual harassment.
- The Act defines an ‘employee’ fairly in wide to cover regular, temporary, ad hoc employees, individuals engaged on a daily wage basis, either directly or through an agent, contract laborers, co-workers, probationers, trainees, and apprentices, with or without the knowledge of the principal employer, whether for remuneration or not, working on a voluntary basis or otherwise, whether the terms of employment are express or implied.
- The Act defines an ‘employer’ as any person who is responsible for management, supervision, and control of the workplace and includes persons who formulate and administer policies of such an organization.
- The Act requires the employer to constitute an ‘internal committee’ (IC) at each of its office/branch that shall hear and redress the grievances and complaints pertaining to sexual harassment. If the employer fails to constitute it is liable to pay the fine prescribed under the Act.
- The inquiry process under the Act should be confidential and the Act lays down a penalty on the person who has breached confidentiality.
- The Act requires employers to develop policies against sexual harassment and educate employees about the same along with other obligations to file annual returns and other statutory documents.
- The government can order an officer to inspect the workplace and statutory records related to the Act in any organization.