Legal Obligation of Employer to Display Notices at Offices under POSH Act, 2013

The duties of the employer under the Sexual Harassment of Women at Workplace Act, 2013, go beyond simply constituting an Internal Complaints Committee or conducting employee sensitization sessions. One of the most important duties of the employer is to make sure that not only are the necessary redressal mechanisms in place according to the applicable law, but the concerned parties are made aware of the same. Employers can do so by displaying notices at appropriate places in the workplaces.

According to the Sexual Harassment of Women at Workplace Act, 2013, one of the duties of the employer under the act is that he/she shall display, at an appropriate location, the penal consequences of sexual harassment at the workplace, as well as the notification regarding the constitution of the Internal Complaints Committee within the organisation according to the requirements of the Sexual Harassment of Women at Workplace Act.

The ICC is the first legal body which is to be approached in the case of a complaint regarding a case of sexual harassment. It is the responsibility of every employer in an organisation which has more than ten employees to constitute an Internal Complaints Committee. The formation of the ICC by the employer is one of the issues that necessarily ought to be addressed by the notices. This is to ensure that the potential victims of sexual harassment in the organisation are aware that there exists within the organisation, a way for them to ensure that their complaints are dealt with. It would be in the best interests of the organisations to ensure that such complaints stay within the organisation. Preventing unnecessary publicity regarding such issues will also help the human resources departments of the organisation to avoid a number of possible complications that could arise as a result of this.

A common misconception is that most employers assume ‘potential victims’ to be restricted solely to the employees of the organisation. This leads to the notices being displayed in places which are frequented by the employees in particularly. However, the potential victims of sexual harassment could also include external visitors to the organisation. One such instance could be in the event that an employee of another organisation associated with the employer visits the workplace and faces sexual harassment. Such an individual would then be required to file her complaint with the ICC that has been constituted in the workplace where she faced the harassment. For this reason, it is of extreme importance that the notices are displayed in places where they can be read by every potential victim under the Act, and is not restricted to the employees of the organisation.

Apart from this, the notices also display the penal consequences of sexual harassment at the workplace. This highlights the gravity of such cases and prevents it from it being taken lightly. It is necessary for women to know that offenders will be punished in the appropriate manner, as well as ensure that the offenders do not believe that they could get away with anything, without having to face any consequences. The perception regarding the Act is also shaped by this, as it ensures that women know that each case will be examined in a proper manner, and the Act does not exist as a tool to be taken advantage of. Similarly, it helps ensure that men do not think of the Act as being targeted against them.

Employers have a variety of duties under the Sexual Harassment of Women at Workplace Act. While a majority of them revolve around ensuring that the appropriate actions are taken up in accordance with the Sexual Harassment of Women at Workplace Act, 2013, it is also important that the employees and other potentially concerned parties be made aware of the same. It is in continuance of this very need that it is vital for employers to ensure that notices are displayed at appropriately visible locations to inform employees about the Act, the penal consequences which arise from breaching the same, and the formation of the Internal Complaints Committee. The content of the notices is not the only important element that is to be kept in mind by the employer. It is also important that the notices be displayed at places where they could be seen by all those who could potentially be affected by it. Thus it is vital that organisations be fully aware of the importance of the notices as well as the requirements regarding them, as laid down by the law.

Author: This post has been submitted by Rohit Iyengar, as part of his assignment with Ungender Insights. Rohit Iyengar is currently a student of NALSAR University of Law, Hyderabad.