Penalty for Non-Compliance
Non-compliance with POSH (Prevention of Sexual Harassment) can cost an employer a monetary penalty of INR 50,000. On repeated non-compliance, the employer may be penalized punished with double the discipline. Non-compliance can also lead to cancellation of license, withdrawal or non-renewal of registration for carrying on business, by the Government or local authority. Key benefits of being POSH complaint: reduces attrition, safer workplaces, enhances awareness.
Constituting a separate committee for Redressal of complaints
It is mandatory for every organization employing more than ten people to constitute an Internal Complaints Committee (ICC) to address and redress complaints of sexual harassment.
Creating awareness about the POSH laws
The employer shall hold workshops, seminars, and orientations for its employees to ensure proper awareness about the POSH laws and the process for complaint resolution under the ICC.
Drafting a POSH Policy
The law mandates that every company must have a POSH policy i.e. anti-sexual harassment police for prohibition, prevention, and Redressal of sexual harassment at the workplace and to promote gender-sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women. You can take the help of a lawyer to draft a POSH policy for your company.
Changes in the Employment contracts
Drafting a policy complying with the POSH laws is not enough; an employer under the anti-sexual harassment laws is required to treat any instances of sexual harassment as a misconduct under the rules of employment.
Annual Report on POSH Compliance
An annual report has to be filed by the Internal Complaints Committee (in case of more than 10 employees) or the Local Complaints Committee (in case of fewer than 10 employees) stating the company’s POSH compliance, i.e. the number of cases filed; their disposal and investigations, etc. each calendar year and submit the same to the District officer under the supervision of the employer.
