The POSH Act 2013 has covered instances of conduct that will be deemed inappropriate constituting sexual harassment at workplaces. This behavior includes sexually unwelcome tinted behavior.
Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) POSH Act, 2013
- It can be through making unwelcome physical contact and advances.
- Requesting or demanding sexual favors.
- Making inappropriate sexually coloured remarks
- Showing Pornography
- Any other Verbal, Non- Verbal conduct of physical nature
Some example of behavior that constitute sexual harassment at the workplace
- Making sexually suggestive remarks or innuendos.
- Serious or repeated offensive remarks, such as teasing related to a person’s body or appearance.
- Offensive comments or jokes.
- Inappropriate questions, suggestion or remarks about a persons sex life.
- Displaying sexiest or other offensive pictures,posters,MMS, SMS, WHATSAPP or E-MAILS
- Intimidation, Threats, blackmail around sexual favours .
- Threats, intimidations or retaliation against an employee who speaks up about unwelcome behavior with sexual overtones
- Unwelcome social Invitations with sexual overtones commonly understood as flirting
- Unwelcome sexual advances which may or may not be accompanied by promises or threats, explicit or implicit
Some examples that do not constitutes sexual harassment
- Following-up on work absences.
- Requiring performance to job standards
- The Normal exercise of management rights.
- Work related stress. E.g Meeting deadlines or quality standards
- Condition of work
- Constructive feedback about the work mistakes and not the person.
As an HR Manager you need to have a plan in place to set up the internal complaints committee at every location. Implementing a reporting framework is essential too.
Categories of employees protected under the Act
Women employees are granted protection under the POSH Act 2013. The act covers women in the following work capacities section.
- Women employed in full time, Part time, ad-hoc and Daily basis
- Women employed as contract workers
- Women employed through agents
- Probationers, Trainees, Apprentice, interns
- Women working on a voluntary basis without remuneration
The employment agreement is not necessary for the purpose of protection under the Act.
What are the organizations to which this law will apply?
- ·Any Private sector organization or a private venture.
- Undertaking
- Enterprise
- Institution
- Establishments
- Society
- Trust
- Non-Governmental organization
- Unit
- Service Provider on commercial
- Professional
- Vocational
- Educational
- Entertainment
- Industrial
- Health service
- Financial services
- Production
- Supply
- Sale
- Distribution and services
Putting up anti-sexual harassment Policy.
The law mandates that every company must have an anti-sexual harassment policy as per Rule 13 of POSH Rules.
- Ø Prohibition
- Ø Prevention and redressal of sexual harassment at the workplace
- Ø Promote gender sensitive safe workspace
- Ø Remove underlying factors that contribute towards a hostile work environment against women.
- Ø Application of the law in a gender neutral manner.
- Ø Establishment of mechanism on how to deal with false complaints,
- Ø Training of ICCs on handling complaints and the decision making process.
- Ø Imposition of consequences and organization wide sensitization of workers, Especially in regional and factory level environments where they do not understand English or any other languages is challenging.
Compliance with respect to Annual Report
The annual report which the Complaints Committee shall prepare under section 21, shall have the following details.
- Number of complaints of sexual harassment received in the year.
- Number of complaints disposed off during the year
- Number of cases pending for more than ninety days
- Number of workshops or awareness program against sexual harassment carried out.
- Nature of action taken by the employer or district officer
As an HR Manager you need to have a plan in place to set up the internal complaints committee at every location. Implementing a reporting framework is essential too.
