POSH Lawyer : Making Workplaces Safe for Women
Women’s sexual harassment is a serious problem in this country, particularly in the workplace. This is fairly frequent, and the majority of incidents are unreported for fear of losing their jobs. But when a law against the sexual harassment of women in the workplace was passed, the issue was finally taken seriously. The Sexual Harassment of Women at Workplace Act, also known as POSH or The Act, was a crucial move and was passed into law in 2013.
POSH was the first piece of legislation to address the complaints of women who had experienced workplace harassment. It argues that a company’s employers have a duty to ensure a secure workplace by preventing, outlawing, and dealing with the serious issue of sexual harassment.
Other forms of sexual harassment include sexual remarks, sexually explicit images or screensavers, and unwanted advances made directly or via social networking sites. This type of harassment is not just physical contact. Quid pro quo harassment, or promises of promotion in exchange for sexual activity, is another type of it.
POSH Lawyer – What are the Rules and Penalties?
The following are the requirements for both employers and workers under the posh legislation of the Indian Government as per the Posh lawyer:
Employers: Section 4 of the POSH Act mandates that organisations with more than 10 workers establish an internal complaints committee (ICC). The following individuals must be on the committee:
- A female officer in charge is chosen from senior management.
- A third party, maybe a lawyer or a member of an NGO.
- The presence of at least two members to represent the organisation’s employees.
This body must be informed of all complaints so that it may resolve them impartially.
For Employees: Companies mandate annual sexual harassment prevention sensitisation training for all of their staff members. Regardless of the severity and purpose of the accused individual, the inquiry must be conducted strictly.
What are the Penalties for the failure of POSH Compliance?
Failure to comply with the POSH legislation may have serious repercussions, such as:
- A punishment of 50,000 rupees may be imposed on the employer if they fail to form an internal committee or violate the POSH Act’s rules (INR 50,000).
- If an employer has been convicted of an infraction under this act before and commits the same violation again, both convictions result in the same sentence being twice.
- The additional penalties may result in the following:
- revocation of the licence
- cancellation or non-renewal of business registration by a government or municipal body.
What is the Role of a POSH Lawyer?
Over the years, the Indian law company MUDS has developed a solid reputation for using ethical and trustworthy practices to provide legal assistance for POSH and other legal concerns. We have a team of Posh lawyers. The basic rights to equality and life for women are protected by Articles 14, 15, and 21 of the Indian Constitution. Our knowledgeable and skilled POSH attorneys in India are particularly sensitive to violations of these rights. Our team of experienced POSH lawyer serves as an external member for Posh and IC to ensure that businesses are adhering to procedures, complying with laws, and conducting adequate compliance and sexual harassment case investigations and paperwork. The customer may trust them since they have expertise dealing with POSH situations.
Sexual harassment has a number of physiological repercussions on the victims, including stress, guilt, humiliation, and sadness. No employee could perform at their best when in such a circumstance. The POSH Act is the common name for this law. The POSH lawyers collectively refer to the Act and the POSH regulations.
How is Sexual Harassment defined under the POSH Act?
According to Section 2(n) of the POSH Act, sexual harassment includes any of the following (either explicitly or implicitly):
- physical approaches and touch;
- an inquiry or demand for sexual favours;
- making statements with a sexual undertone;
- display of pornography;
- any other unwanted sexual behaviour, whether it be physical, verbal, or nonverbal.
The POSH Act’s Section 3 expands the concept of sexual harassment even further by including the following as instances of sexual harassment:
- promise, whether implicit or explicit, that the sufferer will get special treatment at work;
- explicit or implicit threats of treating the victim poorly at work;
- the indirect or direct threat about the victim’s work position, either now or in the future;
- interferes with the victim’s job or makes her workplace scary, unpleasant, or hostile,
- humiliating treatment that might be dangerous or impair the victim’s health.
Understanding how the phrases “sexual harassment,” “workplace,” and “aggrieved women” are defined under the POSH Act 2013 is crucial for ensuring a workplace free of harassment. It also specifies guidelines that organisations and employers must adhere to, such as the creation of an internal complaints committee (ICC). Also addressed in detail are the procedures for filing a complaint, using the Local Complaints Committee, and having the ICC conduct an investigation. The Act also specifies other employer obligations, such as ensuring a secure workplace and outlining the legal repercussions of sexual harassment.
What is POSH Training?
One must be aware of what constitutes “sexual harassment” and the laws related to it in detail under POSH training in order to provide a safe and gender-neutral workplace. Organisations need to make sure that their employees, managers, directors, etc., are educated on what action(s) and/or words fall under sexual harassment, how to get justice if one has been harassed, and how not to cross limits so that you are not a harasser. Employee POSH training and sensitisation are a must in order to be POSH compliant.
What is the Importance of POSH Training?
For the following major reasons, POSH training is essential for an organisation:
POSH Education for Staff:
It aids in familiarising workers with the best workplace practices, instructing both sexes on sexual harassment, teaching them to distinguish between suitable and inappropriate workplace behaviours, and educating them on the grievance procedure. Employees that get training are more aware of the legal system in this area. Education on this subject empowers workers and fosters a secure, self-assured, and contented work environment for women (and men).
Manager/Employer/Director POSH Training:
Posh At Work- Equally crucial to educating kids about gender equality is training the more senior members of society. Since these men and women have more authority than the employees have, it is important to teach them about creating a safe workplace so that they do not misuse it against female workers. The workforce, especially the female employees, would undoubtedly feel safer at work if those in positions of authority were aware of sexual harassment, the laws, and the redressal procedure.
Committee on Internal Complaints (ICC):
The POSH Law mandate that every firm with more than 10 workers establish an internal complaints committee (ICC). According to the rules, a “female presiding officer” must preside over this committee. The ICC handles sexual harassment allegations. The ICC receives a thorough education on the subject of sexual harassment through POSH training, preparing it to handle complaints and settle disputes involving sexual harassment effectively.
Hire the Best POSH Lawyer from Muds
Any business or organisation may achieve POSH compliance with MUDS and POSH Check. It provides user-friendly online tools and even customised professional assistance. The major goal of POSH training is to educate participants on the legal definition of sexual harassment, appropriate and inappropriate workplace behaviour, and the consequences of engaging in such behaviour. There are two methods for delivering POSH training: online POSH training and offline POSH training.
Apart from being a significant step toward a safe workplace, POSH training has a number of advantages. Higher work satisfaction and staff engagement are the results. Additionally, the employees’ productivity increases as a result of this. There will be a higher retention of valuable and talented individuals if the workplace is safe and enjoyable for the employees. Respect among coworkers is also ensured via POSH training. The whole company culture improves as a result of all these benefits.