PoSH Compliance
The Protection Of Women From Sexual Harassment (PoSH) Act enacted by the Government of India in 2013 aims to create a safe and conducive work environment for women and provide protection against sexual harassment. It strives to encourage gender equality and ensure the safety of female employees.
The PoSH Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
The compliance of PoSH at workplace is important as it helps employers and employees to be better informed about the rules and regulations regarding sexual harassment at workplace and can thereby, identify and prevent such instances
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Frequently Asked Questions
Question: Can you explain the purpose and details of the Protection of Women from Sexual Harassment at Workplace Act?
Answer: The Protection of Women from Sexual Harassment at Workplace Act is a legal framework in India designed to prevent and address incidents of sexual harassment within the professional sphere. It mandates the formulation of policies and mechanisms to create a safe and respectful work environment for women, emphasizing the importance of prevention, redressal, and awareness.
Question: Who is covered under the Act?
Answer: The Act extends its coverage to a broad spectrum of individuals within the workplace, encompassing not only permanent employees but also temporary staff, contract workers, associates, and consultants visiting the premises. This inclusivity ensures that the protection against sexual harassment applies comprehensively across various employment arrangements and professional engagements.
Question: How does the Act define instances of sexual harassment in the workplace?
Answer: Sexual harassment, as defined by the Act, encompasses any unwelcome conduct of a sexual nature. This includes a range of behaviors such as physical advances, verbal comments, or non-verbal actions that create an uncomfortable or offensive environment. The Act emphasizes the importance of recognizing and addressing diverse forms of sexual harassment to ensure a safe workplace for all individuals.
Question: Where is PoSH compliance applicable?
Answer: The ambit of PoSH compliance extends across diverse workplace environments, encompassing government, private, organized, and unorganized sectors, including entities such as hospitals, sports institutes, and stadiums. Notably, for the unorganized sector, compliance applies even if the workforce consists of fewer than ten individuals, while for the organized sector, a minimum of ten employees is the stipulated threshold for compliance. This broad applicability underscores the Act's commitment to fostering a secure and harassment-free atmosphere across various professional settings. Please read this article here for more details .
Question: What responsibilities do employers bear according to the provisions of the Act?
Answer: Employers are mandated to proactively implement policies designed to prevent sexual harassment, establish a robust Internal Complaints Committee (ICC) to address grievances, conduct regular awareness programs to educate employees, and steadfastly maintain a workplace environment that is secure and free from harassment. These comprehensive measures underscore the employer's commitment to fostering a culture of respect and safety within the organization.
Question: Is the act applicable in remote work setting as well ?
Answer: Yes, the Act is applicable in remote working setting as well.
For more detail about PoSH compliance in remote work setting please read the detailed article here
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Email: reetika@aristolegal.co.in