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a Comprehensive Guide 1740734543

The Prevention of Sexual Harassment at Workplace Act, 2013 (POSH Act) is a legal framework in India aimed at protecting employees from sexual harassment at work. It mandates the establishment of Internal Complaints Committees (ICC) in organizations to handle complaints and outlines the responsibilities of employers and rights of employees. The document provides detailed information on types of harassment, complaint mechanisms, potential outcomes, and the importance of training and awareness programs.

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9 views

a Comprehensive Guide 1740734543

The Prevention of Sexual Harassment at Workplace Act, 2013 (POSH Act) is a legal framework in India aimed at protecting employees from sexual harassment at work. It mandates the establishment of Internal Complaints Committees (ICC) in organizations to handle complaints and outlines the responsibilities of employers and rights of employees. The document provides detailed information on types of harassment, complaint mechanisms, potential outcomes, and the importance of training and awareness programs.

Uploaded by

ani150294
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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POSH (PREVENTION OF

SEXUAL HARASSMENT) AT
WORKPLACE
A Comprehensive Guide for Organizations & Employees
By Sunita Shekhawat From Black Diamond

1. INTRODUCTION
The Prevention of Sexual Harassment at Workplace Act, 2013 (POSH Act) is a
legal framework established by the Indian government to protect employees—
especially women—from sexual harassment at the workplace. The Act
mandates organizations to prevent, prohibit, and redress instances of
workplace sexual harassment, ensuring a safe and professional environment.
This document provides a detailed breakdown of POSH, including legal
definitions, procedures, employer responsibilities, employee rights, penalties,
case studies, and best practices.
2. WHAT IS SEXUAL
HARASSMENT?
Sexual harassment is any unwelcome behavior of a sexual nature that creates a
hostile work environment or affects an individual's dignity. According to the
POSH Act, sexual harassment includes:
A. Types of Sexual Harassment

1. Physical Harassment

 Unwanted physical contact


 Groping, touching, or inappropriate physical advances

 Forcing oneself onto another person

 Blocking a person’s movement intentionally

 Sexual assault or rape (criminal offense under IPC)

2. Verbal Harassment

 Sexually suggestive comments, jokes, or remarks


 Inappropriate remarks about someone's appearance or body
 Persistent unwelcome flirting
 Requesting sexual favors in exchange for promotions, salary hikes, or
benefits (quid pro quo harassment)

3. Non-Verbal Harassment

 Staring or leering

 Sending sexually explicit emails, texts, or messages

 Displaying obscene content, images, or gestures

 Sexual innuendos through body language


4. Cyber Harassment
 Sharing sexually explicit content or remarks on social media
 Sending offensive or inappropriate messages via email, WhatsApp, or
other digital platforms

 Cyberstalking or online threats

 Using deepfakes, AI-generated explicit images, or online bullying

5. Hostile Work Environment


 Repeated offensive behavior that makes an employee uncomfortable
 Deliberate exclusion of a person from meetings or work-related
discussions due to refusal of sexual advances
 Using gender-based stereotypes to degrade an individual’s abilities or
performance
3. APPLICABILITY OF THE POSH
ACT
The POSH Act applies to all workplaces, including:
✔ Private sector companies (corporates, startups, NGOs)
✔ Government offices
✔ Educational institutions (schools, colleges, universities)
✔ Healthcare facilities (hospitals, clinics, pharmaceutical firms)
✔ Industrial and manufacturing sectors
✔ Any organization where employees, interns, or contractors work
✔ Places visited by an employee in the course of work (e.g., conferences,
hotels, transportation)

It protects all employees, including:

 Women (primary focus of the Act, as per Indian law)


 Men, transgender employees (some organizations voluntarily include
them)
 Contract workers, freelancers, interns, and consultants
 Clients, vendors, visitors who interact with an organization
4. INTERNAL COMPLAINTS
COMMITTEE (ICC) & ITS ROLE
A. What is ICC?
Every organization with 10 or more employees is legally required to form an
Internal Complaints Committee (ICC) to handle workplace sexual harassment
complaints.

B. Composition of ICC

🔹 Presiding Officer – A senior female employee


🔹 Two or more employees – With legal/social work expertise
🔹 External Member – An NGO or legal expert familiar with women’s rights

C. ICC Responsibilities

✔ Accept and investigate complaints


✔ Maintain confidentiality of complainants
✔ Conduct fair and unbiased inquiries
✔ Recommend disciplinary actions
✔ Submit an annual report to authorities
5. LOCAL COMPLAINTS
COMMITTEE (LCC)
 If an organization has less than 10 employees, complaints go to the
Local Complaints Committee (LCC)
 LCC is set up by district authorities
 Ensures protection in small businesses, rural workplaces, or self-
employed environments

6. COMPLAINT FILING &


REDRESSAL MECHANISM
A. How to File a Complaint?
 A written complaint must be submitted within 3 months of the incident
 If the complainant cannot file it themselves, a colleague, relative, or
friend can help
 Delayed complaints (beyond 3 months) may be accepted in exceptional
cases

B. Inquiry Process by ICC

🔹 Step 1: Acknowledgment of the complaint within 7 days


🔹 Step 2: ICC sends a copy of the complaint to the accused within 10 days
🔹 Step 3: Accused must respond in 10 days
🔹 Step 4: Witnesses and evidence collection
🔹 Step 5: ICC submits findings within 90 days
🔹 Step 6: ICC recommends actions to the employer
7. POSSIBLE OUTCOMES &
PUNISHMENTS
If the Accused is Found Guilty:

✔ Written apology
✔ Transfer of the accused to another department
✔ Salary deduction as compensation to the victim
✔ Suspension or termination
✔ Legal action (if required)

If the Complaint is False & Malicious:


 The complainant may face disciplinary action (only if proven to be
intentionally false)

8. EMPLOYER
RESPONSIBILITIES UNDER POSH
ACT
🔹 Create a POSH Policy & Display it at the Workplace
🔹 Ensure a Safe Work Environment
🔹 Set Up an ICC & LCC Where Needed
🔹 Conduct Regular POSH Training Sessions
🔹 Confidentiality of Complaints & No Retaliation
🔹 Submit Annual Reports to Authorities
9. EMPLOYEE RIGHTS &
RESPONSIBILITIES
Employee Rights:

✔ Right to work in a harassment-free workplace


✔ Right to report harassment without fear
✔ Right to confidentiality
✔ Right to a fair and unbiased investigation

Employee Responsibilities:

✔ Respect colleagues & maintain professional behavior


✔ Avoid offensive jokes, comments, or actions
✔ Report harassment promptly
✔ Cooperate in investigations if needed

10. POSH AWARENESS &


TRAINING PROGRAMS
Every company should conduct POSH training to educate employees,
managers, and ICC members. Training should include:
🔹 Definition & types of sexual harassment
🔹 How to report incidents & complaint process
🔹 Employee responsibilities & workplace conduct
🔹 Case studies for better understanding
11. CASE STUDIES & REAL-LIFE
EXAMPLES
Case Study 1: Workplace Quid Pro Quo Harassment
A female employee was denied promotion after refusing inappropriate
advances from her manager. After filing a POSH complaint, ICC found the
manager guilty, leading to his termination & financial compensation for the
victim.

Case Study 2: Cyber Harassment in a Corporate Office


An intern received unwanted explicit messages from a senior employee. After
an internal investigation, the ICC recommended his immediate dismissal and a
strict workplace policy against digital harassment was enforced.

12. CHALLENGES IN POSH


IMPLEMENTATION
❌ Lack of awareness among employees
❌ Fear of retaliation
❌ Biased or untrained ICC members
❌ Delayed investigations
❌ Resistance in traditional or male-dominated industries
13. CONCLUSION
POSH is not just a compliance requirement—it’s a necessity for an
organization’s culture. A zero-tolerance approach ensures safety, dignity, and
equal opportunities for all employees. Employers & employees must work
together to build a safe workplace where respect, inclusion, and
professionalism thrive.

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