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Posh Act 2013

The POSH Act of 2013 established mechanisms for dealing with sexual harassment complaints in Indian workplaces. It requires companies with over 10 employees to form Internal Complaints Committees to confidentially address sexual harassment complaints from women. Sexual harassment includes unwelcome sexual advances and other verbal or physical conduct of a sexual nature. The Act aims to prevent harassment through employer responsibilities like training and displaying consequences. It provides a complaint procedure and protects complainants from retaliation. Employers must take action against harassment, which is also a punishable criminal offense.

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154 views14 pages

Posh Act 2013

The POSH Act of 2013 established mechanisms for dealing with sexual harassment complaints in Indian workplaces. It requires companies with over 10 employees to form Internal Complaints Committees to confidentially address sexual harassment complaints from women. Sexual harassment includes unwelcome sexual advances and other verbal or physical conduct of a sexual nature. The Act aims to prevent harassment through employer responsibilities like training and displaying consequences. It provides a complaint procedure and protects complainants from retaliation. Employers must take action against harassment, which is also a punishable criminal offense.

Uploaded by

saurabh gupta
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 PPTX, PDF, TXT or read online on Scribd
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POSH ACT

2013
Prevention of Sexual
Harassment of Women
at Workplace
What is POSH ACT 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 (also referred to as the “POSH Act”) came into existence In 2013 which established a
mechanism for dealing with sexual harassment complaints in the workplace.
The POSH Act, as mandatary compliance, requires every company having more than ten
employees to constitute an Internal Complaints Committee (ICC) in the prescribed manner to
receive and address the complaints of any sort of sexual harassment from women in a time-bound
and extremely confidential manner.
How Common is Sexual Harassment at Workplace?

• 52% Women experience Sexual Harassment at


Workplace;
• 25% touched without invitation;
• 20% experienced sexual advances.
Why Don’t women report?

• 1 out of 5 do report it;


• 80% thinks outcome is poor;
• 16% said that the situation worsened after they
reported.
What is Sexual Harassment?

Sexual harassment includes unwelcome sexual


advances, requests for sexual favours, and other
verbal or physical harassment of a sexual nature
in the workplace or learning environment.
Sexual Harassment includes:

• Physical contact
• Abusive Sounds
• Making sexually colored remarks
• Using sexually abusive language or signs in the presence of woman employee
• Showing pornography
• Stalking
• Vulgar / indecent jokes, phone calls, text messages or e-mails
• Physical confinement or touches against the will and likely to intrude upon one’s privacy
• Demand or request for sexual favors etc.
Sexual Harassment includes:

• Implied or explicit promise of PREFERENTIAL TREATMENT in her employment


• Implied or explicit THREATENING TREATMENT in her employment
• Implied or explicit THREAT ABOUT PRESENT AND FUTURE EMPLOYMENT STATUS
• HOSTILE WORK ENVIRONMENT
• Interference with her work
• Humiliating treatment that likely to affect her mental, emotional and physical health or safety .
How to prevent?

Following are the responsibilities of the employer under the Act:

• Constitution of Internal Complaint Committee (ICC) to handle the complaints of sexual


harassment;
• Display at conspicuous places at workplace, penalties & consequences of sexual harassment;
• Providing training to sensitize the employees on the issues and implications of sexual
harassment at workplace and organizing orientation program(s) for members of ICC.
How to prevent?

Every Employer needs to constitute ICC as per the provisions of the Act to take
care of following matters:
• To conduct enquiry into the complaints of sexual harassment;
• To make recommendations to the Board of Directors of your Company in the
matters of sexual harassment after conclusion of enquiry;
• To file annual report as per the provisions of the Act.
Procedure of filing Complaint

Any aggrieved woman may make a complaint in writing with any member of ICC
• at the prescribed contact details;
• preferable within a period of 3 months of the date of incident of sexual
harassment or in case of series of incidents, with in a period of 3 months from the
date of last incident;
• The Complainant shall file minimum six copies of the complaint;
• The complaint shall consist of name of the Respondent(s), date and details of
incident of sexual harassment, name and details of witness, if any, along with the
supporting documents.
Who is eligible to file a complaint?

• Aggrieved woman herself;


• Where the Aggrieved Woman is unable to make a Complaint on account of her
physical or mental incapacity , a Complaint may be filed by any prescribed person, on
her behalf;
• Where the Aggrieved Woman for any other reason is unable to make a Complaint, a
Complaint may be filed by a person who has knowledge of the incident, with her
written consent;
• Where the Aggrieved Woman is dead, a Complaint may be filed by any person who
has knowledge of the incident, with the written consent of her legal heir(s).
Punishment for Sexual Harassment
• To act for sexual harassment as an act of misconduct in accordance with the rules/regulations
of the Company governing ‘conduct and discipline’ as applicable to the Respondent;

• Section 354, 354 A, 354B, 354 C, 354 D and 509 of Indian Penal Code, 1860 provides for
punishment for offences of outraging the modesty of woman, sexual harassment, disrobe,
voyeurism, stalking and insulting the modesty of woman respectively and the punishment
ranges between rigorous imprisonment from 1 to 3 years AND fine or both;

• To deduct prescribed amounts from the salary or wages of the Respondent as may be
considered appropriate to be paid to the Complainant and which also include termination
of employment as per the Policy of the Company.
Punishment for Malicious Compliant or False Evidence

If an Employee is found to have raised a malicious or false Complaint or given any false
evidence, such complainant or such person making evidence may also be subject to:
• Appropriate disciplinary action, which may include termination of employment,
engagement or relationship with the Company, as the case may be.
THANK YOU!

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