PoSH Policy at workplace: Everything you should know

Sexual harassment in the workplace can have a significant impact on the mental and physical well-being of employees and can negatively affect the productivity and profitability of an organization. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) (PoSH) Act, 2013, every organization in India must establish a PoSH policy at workplace to prevent sexual harassment and provide a safe and inclusive work environment for women.

This policy outlines the procedures for preventing, addressing, and resolving complaints of sexual harassment and provides a mechanism for redressal through an Internal Complaints Committee (ICC). In this blog post, we will discuss the objective and contents of a PoSH policy, the consequences of non-compliance, and who is covered under the policy. 

It is essential that HRs, Founders, and Workplace Leaders know this information to ensure that their organizations are compliant with the PoSH Act, 2013, and are promoting a safe and respectful work environment for all employees.

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What is a PoSH policy at workplace?

The PoSH policy refers to the guidelines and procedures that organizations in India are required to follow to comply with the law.

Under the PoSH Act, every organization is required to establish an Internal Complaints Committee (ICC) to investigate complaints of sexual harassment. The policy outlines the composition, duties, and responsibilities of the ICC and lays down the procedures for handling and resolving complaints of sexual harassment.

The PoSH Act, 2013 policy also requires employers to conduct regular awareness and training programs on sexual harassment and to ensure a safe and supportive workplace for all employees. Failure to comply with the PoSH Act can result in legal and financial penalties for the employer.

Also read: Why Indian companies must review their PoSH Policy

Objective of a PoSH policy

The PoSH policy at workplace is one of the most crucial aspects of the PoSH Act. Its main objectives include preventing sexual harassment in the workplace, ensuring an incident reporting and redressal mechanism is in place, ensuring timely redressal of complaints, and more:

1. The policy aims to prevent sexual harassment of women in the workplace by promoting a safe and respectful work environment.
2. The policy mandates awareness programs and training sessions for employees to educate them about their rights and responsibilities under the law.
3. The policy provides a mechanism for redressal of complaints of sexual harassment by setting up an Internal Complaints Committee (ICC) in every organization.
4. The policy lays down a time-bound process for the investigation and resolution of complaints of sexual harassment.
5. The policy ensures that women who file complaints of sexual harassment are protected from victimization and retaliation.
6. The policy promotes gender equality by ensuring that women have equal opportunities to work and advance in their careers without fear of harassment or discrimination.

Overall, the PoSH Policy aims to create a safe and inclusive work environment for women and prevent sexual harassment in the workplace.

Contents of a PoSH policy at workplace

The contents of a PoSH policy at workplace may vary depending on the size and nature of the organization, but it should generally include the following:

1. Introduction: The policy should have an introduction that explains the purpose of the policy, its scope, and its applicability.
2. Definitions: The policy should define what constitutes sexual harassment and provide examples of behaviors that are considered sexual harassment.
3. Prohibition of sexual harassment: The policy should clearly state that sexual harassment is prohibited in the organization and that any form of harassment will be subject to disciplinary action.
4. Internal Complaints Committee: The policy should provide details on the composition, roles, and responsibilities of the Internal Complaints Committee (ICC) that is responsible for receiving and addressing complaints of sexual harassment.
5. Complaint procedure: The policy should outline the steps that employees can take to file a complaint of sexual harassment, including who to approach and what information is needed.
6. Investigation and resolution: The policy should specify the time frame for investigating and resolving complaints of sexual harassment and the steps that will be taken to ensure confidentiality and impartiality during the investigation process.
7. Support for complainants: The policy should state that the organization will provide support and protection to complainants during and after the investigation process.
8. Consequences of non-compliance: The policy should specify the consequences of non-compliance with the policy, including disciplinary action and legal consequences.
9. Training and awareness: The policy should include provisions for training and awareness programs on sexual harassment for employees, supervisors, and members of the ICC.
10. Review and update: The policy should be periodically reviewed and updated to ensure that it remains current and relevant to the organization’s needs.

Overall, a PoSH policy at workplace should provide clear guidance on how the organization will prevent, address, and resolve complaints of sexual harassment in the workplace, and create a safe and supportive work environment for all employees.

Also read: 17 essential ingredients and guidelines for drafting a PoSH Policy

Is having a PoSH policy at workplace mandatory?

Yes, having a PoSH at workplace is mandatory for all organizations in India as per the PoSH Act, 2013. This law mandates that all organizations must have a written policy on the prevention and redressal of sexual harassment in the workplace.

It should clearly define the behavior that constitutes sexual harassment, the procedures for filing complaints, and the role of the ICC in addressing the complaints. The policy should also specify the consequences of non-compliance and the procedures for training and awareness-raising on the issue.

Organizations that fail to comply with the PoSH policy requirements can face legal and financial penalties, including fines and the cancellation of business licenses. Therefore, it is important for all organizations to have a Policy in place and to ensure that their employees are aware of the policy and the procedures for filing complaints of sexual harassment.

Who is covered under the PoSH policy?

The PoSH Policy at workplace covers all employees, including permanent, temporary, contractual, and probationary employees of an organization. It also covers interns, volunteers, and other individuals engaged in work-related activities under the control and supervision of the organization.

The policy applies to all workplaces, including offices, factories, shops, and other establishments, whether in the public or private sector. It is applicable to organizations of all sizes.

The Policy aims to protect women from sexual harassment in the workplace, regardless of their age, marital status, or position in the organization. The policy also covers women who are not directly employed by the organization but are engaged in work-related activities under its control and supervision, such as contractors or service providers.

Overall, it is designed to provide a safe and respectful work environment for all employees, especially women, and to prevent and address sexual harassment in the workplace.

Also read: How to draft a Gender-neutral PoSH Policy?

Importance of having a PoSH policy at workplace

As stated earlier, having a PoSH policy at workplace is both mandatory and important for several reasons such as forming part of mandatory PoSH compliance, preventing sexual harassment, creating a safe and respectful working environment for all employees, and more.

1. Compliance with the law

It is mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Compliance with this law is mandatory for all organizations that have more than 10 employees.

2. Prevention of sexual harassment

The Policy helps prevent sexual harassment in the workplace by creating awareness about what constitutes sexual harassment and providing a mechanism for employees to report and address such incidents.

3. Safe and respectful work environment

It helps create a safe and respectful work environment for all employees, especially women. It sends a message that the organization takes sexual harassment seriously and is committed to preventing it.

4. Protection for employees

The Policy provides protection to employees who file complaints of sexual harassment by ensuring that they are not subjected to victimization or retaliation.

5. Improved employee morale and productivity

A workplace that is free from sexual harassment is likely to have higher employee morale and productivity. Employees who feel safe and respected in the workplace are more likely to be motivated and productive.

6. Positive public image

Having a Policy in place can enhance the organization’s public image and reputation. It sends a message that the organization is committed to promoting gender equality and creating a safe and inclusive workplace.

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How can Ungender help you?

At Ungender, our services cover everything from drafting your policy to reviewing and auditing your existing policy. PoSH experts at Ungender cover all the legal mandates as laid down under the PoSH Act and the best industry practices that serve the interest of all your employees.

Reviewing or vetting the policy includes a thorough deep-dive into your existing policy and providing comments and feedback that will make your policy more robust and adept at preventing sexual harassment in the workplace. Moreover, our team of experts also supports you in implementing the PoSH policy in your workplace through regular awareness and training programs and establishing an incident reporting mechanism and a redressal committee. Interested in knowing more? Get in touch with us.

Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.