Introduction–
Creation of a healthy and respectful workspace has become of pivotal importance for businesses in establishing an inclusive and productive workspace providing for a safe-space and work-space for employees. Complying with the POSH Act (2013) entails creating a respectful and safe work environment for female employees. It entails putting rules in place, training both male and female staff, and establishing a process for dealing with claims of sexual harassment. S.19(a) of the POSH Act, 2013 mandates that the Employer should “provide a safe working environment at the work-place which shall include safety from the persons coming into contact at the work-place.”
The POSH Act is binding on all and mandates that all Public and Private Sector Organizations in India comply with certain statutory requirements. The onus to ensure POSH at work for women lies on the employers and managements and for this, they are directed to:
- Form an Internal Complaints Committee,
- Provide Periodic POSH Training on Sexual Harassment law, and
- Develop an effective Complaint lodging and Redressal Policy
Upscale legal can provide you assistance and implement programme to ensure full compliance with the POSH legislation.
ROLE AND NEED OF A POSH CONSULTANT?
According to the POSH Act formation of the Internal Complaints Committee must be officially notified by an employer through an order in writing and such notification should be validated by the CEO or Board too. In case there are different offices of the same organization, then the Committee needs to be constituted at every office or unit. A POSH Consultant plays a crucial role in the development of the policies and procedures regarding prevention of issues and incidents in the work-space and formation of the ICC. The Consultant makes sure that the work-space are compliant with the provisions of the Sexual Harassment of Women at Workplace Act, 2013.
- Holding of POSH training in the Workplace-
One of the advantages of holding workshops on POSH awareness is that it makes the work-space aware about POSH through discussions about basic forms of sexual harassment which the workers might find it challenging to express their concerns to higher-ups at work. Therefore, training in POSH provides a comprehensive knowledge on the equality in the workplace, wherein harassment and un-warranted behaviour are not accepted.
- Looking into Complaints and Investigations-
The Consultant plays a huge role during the phase of investigation and reportage of the complaints, as an external member of the ICs (Internal Committees) guiding the Committee with strategies and drafting policies to ensure procedural fairness is ensured and the complaints are met with the approach of principles of natural justice.
- Policy Implementation and Legal Compliance-
The Consultant works with the organization to develop and implement policies adhering to the requirements mandated in the POSH Act ensuring that all requirements are met and annual reports of the organization are filed as mandated by the Act. The Consultant ensures that anti- harassment policies are maintained by the organization and they are providing for a safe and respectful workplace environment.
Benefits of Having a POSH Consultants in your Organization-
The role of the Consultant entails a broad understanding of the organization and catering to formation of policies made in lieu with the requirement of the organization and working of it. It works into safe-guarding the organization in multi-faceted ways.
- Improved Safety at the Workplace-
Taking the right POSH precautions at work contributes to a more secure and courteous working environment. Employee morale and daily productivity at work both increase as a result, which boosts organizational growth overall.
- Regulatory Compliance-
You can prevent legal issues and other financial penalties by adhering to the POSH Act. This lessens the possibility that non-compliance will result in a loss of reputation. Sec 11(3) of the POSH Act enumerates the powers of the Internal Complaints Committee. The ICC is vested with the powers of a Civil Court under the Civil Procedure Code, 1908 inter-alia is entitled to initiate an inquiry into the complaint of a sexual harassment incident at the workplace, can summon witnesses and parties before the committee to give a statement, assert its powers and summon evidence to be examined if it is deemed necessary to do so by the Committee and once the inquiry is completed and if the Internal Complaint Committee finds the person guilty, it is well within its right to prescribe certain prescribed actions.
The POSH Act also lays down the criteria based on which the Internal Complaints Committee shall calculate the amount of compensation payable which includes
1) The extent of pain, suffering mental trauma, and emotional distress caused to the aggrieved woman.
2) Loss in a career opportunity for the victim resulting from the incident of sexual harassment.
3) Medical expenses incurred by the complainant towards the physical and/or psychiatric treatment due to this incident
4) Last but not the least, the alleged perpetrator’s Income and status.
- Better Employee Morale and Retention-
A proactive approach to sexual harassment prevention and resolution fosters a pleasant work environment. Employee engagement at work rises as a result, which boosts morale and enhances retention.
Reduction of Financial Risk and Litigation-
Adhering to POSH proactively lowers the likelihood of a lawsuit or monetary fine. It lessens the likelihood that it will have an impact on your business and demonstrates that such matters will be handled in proper order.
Conclusion
The absence of POSH compliance puts organizations at serious danger. It increases the likelihood that employees may experience harassment, which lowers morale and fosters a hostile work environment. Breaking POSH regulations might have negative effects on the organization’s reputation and brand image as it could lead to penalties, legal action, and other repercussions. High turnover rates, a drop in output, and the loss of talent are possible outcomes when employees search for safer workplaces. Workplace POSH measures must be implemented and maintained since, generally speaking, noncompliance jeopardizes organizational integrity, employee well-being, and business viability. Therefore, having a POSH Consultant for your organization plays a major role in improving the work-place environment, efficiency and preventing incidents of sexual harassment at the work-place.
