Though, POSH Act will be celebrating its 4th anniversary on 9th Dec still many organizations have not ticked off the mandatory compliance of the Government Act. Ever since the PoSH Act came into existence, sexual harassment at the workplace is legally a crime. Let’s understand why corporates need to be POSH essentials trained
Though, POSH Act will be celebrating its 4th anniversary on 9th Dec still many organizations have not ticked off the mandatory compliance of the Government Act. Ever since the POSH Act came into existence, sexual harassment at the workplace is legally a crime. Let’s understand why corporate need to be POSH essentials trained
Why corporates need to be POSH essentials trained?
A workplace is any place where a working relationship exists. This relationship can take many forms such as colleagues/peers, superior-subordinate, employee, employer, vendor-customer, mentor-mentee, reporting manager – reportee, team lead – team member etc. In the year 2013 POSH Act was passed to make workplace secure and safe for women.
POSH is defined as the Prevention of Sexual Harassment. This Act influences everyone in society. The Vishakha Guidelines are a set of procedural guidelines for use in India in cases of sexual harassment.
Today, there are mandatory compliances of the Government Act, failure of which can lead to damages to your reputation and finances by paying heavy penalties. There is a need to make employees POSH aware and setup an ICC. POSH Act 2013 has mandated POSH to be implemented in every workplace with more than 10 employees. More and more companies are realizing each day the importance of being compliant to this act.
The Act includes guidelines making it mandatory for every employer to:
- provide a mechanism to redress grievances pertaining to workplace sexual harassment
- organize workshops at regular intervals sensitizing all employees on the issues and implications of workplace sexual harassment
- ensure harassment free environment for all customers in the premises of the company.
The Management, Employers and Head of Institutions are now legally bound to Prevent, Prohibit and Redress Sexual Harassment of Woman at Workplace
What is the penalty?
There is no exemption. A fine is levied on the Employer (the Manager/supervisor named by the organization) who manages and controls the workplace with a fine of up to INR 50000/- (for the first offense; twice the amount for the 2nd offense and for continued violation the Business /Trade / Factory License shall be cancelled/not renewed).
Who is impacted?
The Act defines “Aggrieved woman” as a woman of any age or employment status, in organized or unorganized sectors, public or private and covers clients, customers and even domestic help.
Where all does it apply?
The Act applies to Organizations, Institutions, Establishment, Department, Office, Branch, Unit, etc., in Public and Private Sector, Organized and Unorganized, Hospitals, Nursing Homes, Educational Institutions, Sports Institutes & Complex, Stadiums and any place visited by the Women Employee during the course of employment including the transportation.
Yes, this is a very important as mandatory compliance, but is this the only important reason?
Workplace Harassment and Sexual Oriented Harassment is a growing menace. It can hurt business in many ways including Organization’s Reputation, the Output, Employees Motivation & Morale, Productivity and Well-being of stakeholders.
Sexual harassment simply should not happen. We must never accept this behaviour. We must not allow this behaviour to continue unchecked. We must never create an environment that fosters this behaviour. We must never allow those affected to go without help. To truly end sexual harassment for good, we must start in our own backyard.
No one should have to put up with sexual harassment; anytime or anywhere.