POSH FAQ

The Prevention of Sexual Harassment (POSH) Act, 2013, governs the prevention and redressal of sexual harassment issues in the workplace.

Sexual harassment encompasses unwelcome physical, verbal, or non-verbal conduct of a sexual nature, leading to a hostile or intimidating work environment.

Yes, both men and women can be victims of sexual harassment. However, the safeguards/ protection under the POSH Act is available only to women.

Verbal harassment that is sexually coloured can constitute sexual harassment. Words can be just as offensive as physical acts and contact. Sexually coloured jokes, comments and stories can be sexually harassing and can create a hostile work environment.

Yes, an IC is required to be set up at every branch/ office of the company wherein at least 10 employees are employed.

No, the complaint needs to be filed with and inquired into by the IC.

Yes, a woman if she chooses to do so may both file the FIR with the police and complaint with Complaints Committee simultaneously.

Investigations should be completed within 90 days, although extensions are possible for justifiable reasons.

Train and incentivize employees across levels to enhance inclusion in their day-to-day interactions and dealings to check and balance the dynamics within the organization to maintain the voice of employees from diverse backgrounds affecting their sense of belonging to the workplace.

Discrimination as cited by the Supreme Court of India may be direct or indirect. As per the court, discrimination can take many forms, not just through unfair actions but also through doing nothing. Therefore, it’s important to investigate how the systems and cultures within organizations affect everyday interactions and decision-making in this regard.

The law imposes several explicit duties on employers, commencing with the establishment of an internal complaints committee to facilitate the lodging and resolution of grievances. These obligations extend to providing specified data in the annual report, as required by the law, concerning incidents of sexual harassment. Beyond addressing sexual harassment as a form of misconduct, the law mandates employers to emphasize proactive measures. The key responsibilities of employers encompass:

1. a) Ensuring a safe working environment, encompassing protection from individuals encountered at the workplace.
2. b) Prominently displaying information regarding the penalties for sexual harassment and the constitution of the Internal Committee.
3. c) Conducting regular workshops and awareness programs to educate employees about the Act’s provisions, in addition to orientation programs for Internal Committee members. This includes the formulation and dissemination of internal policies for prohibition, prevention, and redressal, as well as capacity-building and skill development initiatives.
4. d) Providing the essential facilities and support required by the Internal Committee for the resolution of complaints.
5. e) Assisting in securing the presence of respondents and witnesses.
6. f) Furnishing the Internal Committee with necessary information pertinent to the complaint.
7. g) Assisting women who opt to file complaints related to offenses under the Indian Penal Code.
8. h) Initiating legal action, under the Indian Penal Code or applicable laws, against the perpetrators.
9. i) Treating sexual harassment as a violation of service rules and taking the appropriate actions.
10. j) Ensuring the punctual submission of reports by the Internal Committee.

Yes

Yes

You can train your IC on how to handle complaints and the process that is needed to be employed.

A third-party independent member is a must.