Understand Important Terms Under the POSH Act with Ungender

POSH awareness within workplaces creates a safe environment for employees. This also creates an environment where decision makers are able to set up a culture that focuses on prevention along with redressal. Terminologies within the POSH act are an essential aspect of building awareness around the act. Since, the legal nature of the act can be difficult for some people to understand, understanding some basic terminologies can help employees be more aware about the POSH act.

Moreover, given the current emphasis on the usage of proper language within the workplace, understanding terminology within the POSH act can also be helpful in combating ignorance related to the act within the workplace. Consequently, advisories like Ungender also help workplaces build awareness around the POSH act for workplaces to cater to a safer and inclusive environment for all their employees. A few important terms within the POSH act are discussed in this article.

Complainant

A complainant is one who files a complaint of sexual harassment. The complainant may be an employee, a visitor within the workplace, a client, intern or a temporary employee. The POSH act is not gender-neutral which means the complainant can only be a woman unless otherwise specified by the workplace.

Respondent

The respondent is one who the sexual harassment complaint is being filed against. The respondent can be a person who is working alongside the complainant or even a supervisor. Moreover, for workspaces in the customer facing roles, customers can also file complaints against employees under the POSH act.

 

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IC

The IC or the Internal Complaints Committee, is constituted to receive and look after the redressal process of a sexual harassment complaint under the POSH act. An IC must have a minimum of four members out of which –

1. The presiding officer must be a woman chosen from amongst the employees of the workplace.

2. Two other employees with experience in social work or with a demonstrated dedication towards the cause of women.

3. An external member who belongs to a non-governmental organsiation or someone who has experience working for the cause of women.

Moreover, at least half the members of the IC have to be women.

Conciliation

Under the POSH act, the complainant can raise a request for conciliation. This refers to a voluntary resolution upon mutual agreement by both the complainant and the respondent. The terms of the settlement cannot be entered into out of coercion, and no financial gains can be requested as part of the conciliation.

Interim Measures

Interim measures are those measures which are recommended by the IC to the employer during the duration of the legal proceedings. Interim measures can be recommended at the request of the complainant. These measures can involve transferring the complainant to another place of work or granting leave for up to a period of three months to the complainant, in addition to the statutory leave.

Ex-parte

This refers to a judgement handed out by the IC in the absence of one of the parties involved in the complaint. An ex-parte decision is made to provide closure to the party present without delay.

Annual Report

According to section 21 of the POSH act, the IC is mandated to submit an annual report which contains data points like number of sexual harassment complaints received in a year, number of complaints disposed off in a year and so on. The report must be submitted to the employer as well as the district officer.

Zero-tolerance

The POSH act provides strict guidelines on redressal of sexual harassment complaints for the complainant. However, a zero-tolerance policy that sets up a preventive environment for employees within the workplace. Advisories can help workplaces implement essential processes that help them implement the zero-tolerance policy against sexual harassment.

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— Ungender (@UngenderTalks) August 18, 2021

Advisories can also help workplaces implement policies that are able to build safe workplaces above legal documentation. The POSH act provides redressal to complainants but a safe workplace helps employees feel connected to the organisational culture.

Written by: Anuska Roy

Ungender Insights is the product of our learning from advisory work at Ungender. Our team specializes in advising workplaces on workplace diversity and inclusion. Write to us at contact@ungender.in to understand how we can partner with your organization to build a more inclusive workplace.