In order to make a safer working environment for women and for prevention of sexual harassment at workplace a law was passed by the Ministry of Women and Child Welfare in 2013.
The law is known as Sexual Harassment of Women at Workplace(prevention, Prohibition and Redressal) 2013 also know as the POSH act. The law is applicable to all workplaces, establishment, companies,shop,restaurant etc with 10 or more than 10 employees.
What is considered as Sexual Harassment in Workplace?
The following unwelcome behaviour whether directly or indirectly will be considered as “Sexual Harassment”
- Any type of physical contact and advances.
- Demand or request for any kind of sexual favours
- Making any sexual remarks about person’s clothing or body
- Showing of pornography
- Any other form of verbal, non-verbal, visual or physical sexual conduct.
Compliances of Sexual Harassment Bill or POSH Act
- Committee – Each organisation with 10 or more employees is required to form a internal complain committee with head as female presiding officer.
- Policy – Phrasing a internal POSH policy for prevention of sexual harassment at workplace.
- Training Programme – Training programmes and orientations are also required to be carried out to increase awareness.
- Annual Report – The organistion is also required to submit a annual report disclosing the number of complaints received and number of complaints disposed and cases pending for more than 90 days.
Penalties on failure
There are heavy penalties on failure to follow the POSH act. Some of the provisions under this act are:
- Fine of INR-50,000 on breaching the provisons or any rules under this or in case of inefficiency to form a internal committee.
- On commiting same offence twice in a row under this act the punishment will be double.
- Cancellation of withdrawal of his license.
- Non-renewal or cancellation of registration.
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