Ensure PoSH Act Compliance with us

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is an Act in India to provide protection against Sexual harassment of Women at the Workplace and provides a procedure for the Redressal of the Complaints of Sexual Harassment.

The Act mandates every Organisation (Proprietary Concern, Partnership Firm, Company, or LLP) employing 10 or more employees to comply with the guidelines of the PoSH Act. The Act covers both Organised and Un-organised Sectors and Employees can be permanent, temporary on a contract basis, Apprentice, etc.

All workplaces in India are mandated by POSH Act, 2013 to provide a safe and secure working environment free from sexual harassment for all women.

PoSH Act was enacted to ensure safe working spaces for women and to build enabling work environment that respect women’s right to equality of status and opportunity.

The main purpose of this Act is:

• Prohibition
• Prevention
• Redressal

31st January is the last date for filing of Annual Report under the PoSH Act.

Non-Compliance under PoSH Act attracts a penalty of Rs. 50,000 and suspension of licence to carry out the business.

The Act gives the IC the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (“CPC”), limited to summoning and production of documents.

In most cases, quid pro quo harassment occurs when a supervisor seeks sexual favors from a worker in return for some type of job benefit — such as a raise, better hours, promotion, etc. — or to avoid some kind of detriment like a pay cut, demotion, poor performance review, etc.

The employer will be considered non-compliant to the POSH Act if they fail to:

• Formulate a POSH Policy for the organization
• Constitute an Internal Committee
• Create awareness about POSH among the employees
• Take action against the respondent of a sexual harassment case as per the recommendations of the Internal Committee
• Take action against a person for submitting a false complaint of sexual harassment or producing misleading or forged documents
• File an annual report to the District Officer

In case the employer of an organization violates or attempts to violate any provision under the POSH Act and Rules, a fine of maximum of ₹50,000 will be imposed.

If the employer is convicted for a repeated offence of non-compliance to POSH Act, the penalty will be:

• Twice the punishment that was awarded the first time and/or
• Cancellation or non-renewal of the business license

The penalty can be very severe if the case reaches the court.

When cases of sexual harassment are seen in an organization, it can result in heavy penalties in terms of money or punishments and can also lead to cancellation of license.

Also, the legal framework requires disclosure of activities done for the compliance of the “Prevention of Sexual Harassment Act” in their annual reports.

We ensure our services help your organization to follow all the guidelines necessary so that your employees feel completely safe when they come to work with you and their productivity increases. This also enhances your reputation in the market.