Are your employees and Internal Committee members trained under the POSH Act? - MMJC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act“) was enacted with the objective of providing protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or incidental thereto. It is the responsibility of the employer to provide a safe and gender-neutral work environment and that the organization’s employees, managers & directors need to be educated on what is and is not sexual harassment under the POSH Act.  Training and awareness on POSH is not only legally mandated but also a crucial step towards protecting the rights of women employees and creating a healthy work environment.

Awareness session for employees:

Under the section 19  POSH Act and rules thereto, every employer/ establishment shall

• Organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act.
• Display at any conspicuous place in the workplace the penal consequences of sexual harassments and the order constituting the internal Committee under the POSH Act.
• Widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women
• Carry out employees awareness programmes and create forum for dialogues which may involve Panchayati Raj Institutions, Gram Sabha, women’s groups, mothers’ committee, adolescent groups, urban local bodies and any other body as may be considered necessary
• Declare the names and contact details of all the Members of the Internal Committee

It is necessary for employees to know what is acceptable in the workplace, what constitutes to sexual harassment, and what does not. The training can be done both online or in-person workshops as well as via eLearning modules.

Skill Building for Internal Committee:

Members of the Internal Committee play an important role in the effective implementation of the POSH Act within the organization. The Committee not only plays a remedial role but also a preventive role under the law. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 requires the employer

• To conduct capacity and skill building programs for the members of Internal Committee.
• Carry out orientation programmes and seminars for the Members of the Internal Committee

The members shall be fully aware of mandatory obligations and consequences of non-compliance under the law. The IC members shall also be trained to handle and understand any bias or conflict of interest prior to and during their investigations to ensure impartiality in decision making.

Conclusion:

Training must be given to all employees regardless of their gender or designation. The training and awareness session familiarizes employees with the POSH Act and best practices at work. The training to members of IC helps them to understand the procedural aspects of law and handle complaints effectively.

It shall be noted that the POSH Act prescribes that any contravention of the provision of the POSH Act is an offense punishable with a fine for an amount of up to Rupees Fifty Thousand. Further, an employer convicted for the same offense at the second instance may be punishable with a fine for twice such amount, as well as be liable to cancellation or non-renewal of its business licenses, registrations or approvals by the government or local authorities.