Compliance of PoSH Act to Maintain a Healthy Workplace Environment

 Sexual harassment encompasses a range of activities from mild transgressions to sexual abuse or sexual assault. It is intimidating or coercion of sexual behaviour and the unpleasant or wrong promise of rewards in exchange for sexual favours.


Internal Complaint Committee


ICC is a body within a firm that is liable to scrutinize the issue of any sort of sexual harassment at the workplace. 


The IC shall have a senior women employee as the presiding officer. It should constitute a woman who is a member of an NGO or any organization which is dedicated to the cause of women. 


If a company has a base at many locations, and if each location has at least 10 members, it is mandatory to set up an IC at every location. The term of an IC is three years with at least 3 members constituting the chairperson. They collectively need to investigate a complaint. The investigation should be unbiased at all costs.  


The ICC encompasses powerful members of the firm along with a PoSH external member. The senior executives preferably take the main role in taking the initiatives. Sudden actions are to be put up against the employee under such grievances.



What Are The Responsibilities Of An Employer According To PoSH Law?


The Employer is responsible to maintain and educate the employee about the PoSH Law India. He or she prohibits inappreciable behaviour towards other employees that counts in workplace harassment. He needs to Conduct awareness, orientation and sensitization sessions. All in all, he must ensure an extensive framework for redress.


The Indian Employee, employer and Internal Complaint committee is responsible to guarantee that you have a safe place to work. Its prevention, prohibition and redressing of sexual harassment have been dealt with in PoSH Law India


Instances That Come Under Sexual Assault


The following circumstances come under sexual harassment according to PoSH Law India:


  • Preferential treatment in employment for a sexual favour 

  • The threat of detrimental treatment

  • Threat regarding future employment in the firm

  • Creating an offensive work environment 

  • Humiliating treatment which possesses a threat to health


How to Deal with a Malicious Complaint?


For any complaint against sexual harassment at the workplace, if the IC concludes the following:

 

  • The elevation is not true or is malicious

  • The aggrieved woman has made a complaint knowing that it is false.

  • The victim has produced misleading documents. Any other person has forged documents.


The Internal committee can ask the employer or head to take proper action against the person in charge or woman who has filed the complaint


Final Words


The deep engraved socio-cultural behavioural pattern creates gender difference, thereby boosting gender inequality. Though the PoSH Law India has been implemented and propagated to the masses, still many men and women do not report the harm done to them. 


The threat of reprisal from the culprit, losing financial stability, job and dignity overpower them. This further encourages them to shun the mishap and endure every torture.


The IC in PoSH Law India ensures an environment where effective redressal mechanism regarding sexual assault operates.

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