What are the duties of employer under PoSH Act?

Introduction

All companies are expected and mandated to comply with the Prevention of Sexual Harassment at Workplace (PoSH) Act, 2013. The duties of employer under PoSH Act ensure that they are creating a safe working environment for their employees.

Employers need to provide and maintain a workplace free from sexual harassment to ensure the best industry and business practices. Besides the moral obligation to do so, this is an essential practice to keep the brand image and reputation of the company intact.

With the onslaught of the revolution in technology and media, especially social media, buyers and consumers can easily get access to the working environment and conditions of a company. 

Since consumers have started making more informed decisions, a company may be adversely affected if there are allegations or findings of discrimination, inaction, or violative practices. The duties of employer under PoSH Act also ensure that the brand value of their company does not suffer.

Also read: PoSH 101: 8 duties an employer must perform to prevent sexual harassment at work

Who is an employer?

Under Section 2(g) of the PoSH Act, an employer is “any person who is the head of any department, organization, undertaking establishment, enterprise, institution, office, branch or unit […].”

A person who is “responsible for the management, supervision, and control of the workplace” is also an employer.

Duties of employer under PoSH Act

The objective of the duties of employer under PoSH Act is to ensure a safe working environment for their female employees. However, it is important to adopt a gender-neutral approach to build an inclusive workplace alongside a safe one.

Constituting the PoSH Committee

Under the PoSH Act, 2013, an employer must constitute a PoSH Committee. The Committee should be formed at each office or branch of the company that employs 10 or more employees.

The primary objective of the PoSH committee is to hear and redress grievances that relate to sexual harassment in the workplace.

If the employer fails to comply with the PoSH Act, 2013, and constitute the PoSH committee, the court can also impose a fine on them. In Mrs. Arvinder Bagga & Ors. v. Local Complaints Committee, District Indore, the Madhya Pradesh High Court imposed a penalty of Rs. 50,000 on Medanta Hospital, Indore for not constituting the PoSH Committee.

Also read:
High Court slaps a penalty of INR 50,000 on Medanta Hospital for not having an Internal Complaints Committee

Taking action on PoSH Committee’s recommendations

After the PoSH Committee completes its investigation and inquiry, it prepares a report and submits it to the employer. The report contains the conclusion the PoSH Committee has arrived at after completing the inquiry. 

It also contains a recommendation on the action that the employer should take. The employer has 60 days from the date on which they receive the recommendation to act on them. 

Other duties of employer under PoSH Act

An employer is both obligated and liable to create a safe working environment for their employees. A safe workplace reduces employee turnover and absenteeism, increases productivity, and is overall beneficial to the business. Other duties of employer under PoSH Act are

1. Promoting a workplace that is gender-sensitive,
2. Removing elements and factors of bias that create an intimidating or hostile working environment,
3. Formulating and disseminating an anti-sexual harassment policy (PoSH policy),
4. Display the penal consequences for violating the law in noticeable places in the office,
5. Display the names and contact information of the PoSH committee members in the office,
6. Organize awareness campaigns, workshops, or sensitization programs for employees,
7. Organize training or orientation programs for the PoSH committee,
8. Provide the PoSH committee with the necessary facilities to investigate and inquire into a complaint,
9. Provide assistance to the aggrieved employee if they wish to file a complaint under IPC or any other law,
10. Treat sexual harassment as misconduct and initiate action against it, and
11. Submit the PoSH annual report.

Also read: How to draft a gender-neutral PoSH policy?

Conclusion

Sexual harassment in the workplace is a hazard. It can result in poor employee relations, lack of respect for the management, low morale and productivity, physical injuries, and damage to psychological health.

A safe and healthy team contributes significantly to the company’s vision. Employees have greater productivity when employers invest in their well-being including a workplace free of sexual harassment. The employees feel safe, valued, and respected in a harassment-free workplace.

FAQs

What are the responsibilities of employers in Act?

An employer under the PoSH Act needs to set up preventive and redressal mechanisms in place to prevent workplace sexual harassment. This includes formulating a PoSH policy, forming a PoSH Committee, organizing awareness campaigns and training, and more.

What are the top 5 essential duties of your employer?

The top 5 essential duties of your employer under the PoSH Act include

1. Formulating a PoSH policy,
2. Establishing the PoSH Committee,
3. Organizing employee awareness campaigns,
4. Organizing PoSH Committee training, and
5. Submitting the PoSH annual report.

Also read: 5 things women want Indian employers to implement in 2020

What are the legal duties that an employer has to comply with?

All the duties of employer under PoSH Act are legal duties. The employer of every company needs to fulfill all the duties the Act imposes on them. Not fulfilling or not complying with them will result in legal consequences such as a penalty or termination of license for operating their business.

What constitutes to be qualified as an employer under the PoSH Act 2013?

An employer under the PoSH Act can be any person who is the head of the organization or manages, supervises, or controls the organization.

Who is responsible under the PoSH Act to set up an Internal Committee by an order in writing?

The employer of the organization is responsible for setting up the Internal Committee (IC) or the PoSH Committee of the organization. The committee is the redressal body for workplace sexual harassment.

At Ungender, our team understands that it can be difficult for employers, HR leaders, and founders to navigate the landscape of PoSH compliance. This becomes particularly difficult for companies that are complying with the law for the first time. It is advisable to work with an external expert or partner to make sure that all your PoSH-related compliances are in place in time. Our team provides expert advisory to employers on how to fulfill all their duties and responsibilities under the Act so that they can build a safe workplace for their team. For your company’s PoSH compliance, write to us at contact@ungender.in.