POSH POLICY
A POSH (Prevention of Sexual Harassment) policy is a framework that aims to ensure a safe and respectful work environment, free from sexual harassment and discrimination. It sets out guidelines for preventing, prohibiting, and addressing incidents of sexual harassment in the workplace.
A POSH Policy reflects an organization’s commitment to a zero-tolerance attitude against any kind of Sexual Harassment or discrimination. It also helps in creating a safe and respectful working environment for all.
Yes, as per The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, mandates all organizations in India to adopt and implement a POSH Policy within their organization.
A Posh Policy applies to all employees associated with the organization, including regular, ad-hoc, daily wager, contractual, probationers and interns, visitors, and clients who may be subjected to or witness sexual harassment.
A comprehensive POSH policy typically includes its purpose, scope, applicability, and a clear definition of sexual harassment, employee & workplace, the procedure for filing complaints, the formation of an Internal Committee (ICC), the investigation process, consequences of non-compliance, and the disciplinary actions that may be taken.
As per The Sexual Harassment of Women at Workplace (prevention, prohibition & redressal) Act, 2013, it is the responsibility of the employer to ensure the implementation of a POSH policy and to provide a safe working environment for all employees.
Violating a POSH policy can lead to disciplinary action, including warnings, suspension, termination, and legal action as stipulated in the service rules of the Company.
The IC is responsible for receiving complaints of sexual harassment, conducting investigations, and recommending these actions so that the issues can be resolved.
Yes, the Sexual Harassment of Women at Workplace (prevention, prohibition & redressal) Act, 2013, mandates that the POSH policy must be widely disseminated across all levels of the organization, including via handbooks, notices, intranet portals, and training sessions.
While the existing Sexual Harassment of Women at Workplace (prevention, prohibition & redressal) Act, 2013 is not gender neutral and only applies to women who have been victims of sexual harassment, however it is still mandatory for all organizations, regardless of whether they have all the male employees, to formulate and disseminate the POSH policy.
As per Rule 13 (a) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 every organization, regardless of size, must formulate and widely disseminate an internal policy aimed at prohibiting and preventing sexual harassment and promoting gender-sensitive safe spaces.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as its name indicates, was passed to protect women in the workplace. However, in the present day, many progressive organizations have started voluntarily adopting a gender-neutral POSH policy to ensure safety and dignity for all employees, regardless of gender.