POSH SOLUTIONS IN 7 EASY STEPS WITH G&CC

Preventing sexual harassment at work is not only a legal requirement but but also a cornerstone of creating a secure and productive workplace. Compliance with the prevention of Sexual Harassment (POSH) Act, 2013, is crucial for protecting employee’s rights and maintaining a positive organizational image, especially for startups. This blog post offers a comprehensive, legally enriched guide to achieve POSH compliance in 7 simple steps.

1. Take into account the POSH Act’s requirements:

Compliance begins with the clear understanding of POSH Act, 2013. Section 2(n) of the Act defines ‘sexual harassment’, covering unwelcome physical contact, verbal remarks, or other inappropriate behavior. Under section 4 of the Act, any workplace with ten or more employees must establish an Internal Complaint Committee (ICC) to address grievances. Section 19 of the Act further mandates employers to provide a safe working environment, organize awareness programs, and ensure transparency in complaint handling. 

2. Establish an ICC (Internal Complaints Committee):

Section 4 of the POSH Act mandates the ICC must include at least 4 members, with one external expert familiar with sexual harassment regulations such as POSH consultant or a member of any NGO focused on women’s rights. The presiding officer must be a senior female employee to ensure gender sensitivity. Properly constituted ICCs are essential for Fair and unbiased complaint resolution.

3. Draft an extensive POSH policy:

A well drafted POSH policy if the foundation of compliance. As per section 19 (c) of the act, the POSH Policy must clearly define what constitute sexual harassment, outline the complaint process, explains the ICC’s role, and state the disciplinary actions for violations. Collaborating with POSH specialists such as G&CC, can help ensure your policy is both precise and legally compliant.

4. Conduct awareness and training programs:

Awareness is a legal obligation under section 19(b) of the POSH Act. Regular training sessions must be organized to educate employees on recognizing harassment, reporting it and understanding the rights.

5. Display POSH Act regulations prominently:

According to section 19(e), employer must display information regarding the POSH Act and company’s POSH Policy at prominent places within the workplace. This can include posters defining sexual harassment, reporting procedures and ICC contact details, ensuring the employees are aware of their rights and reporting mechanism. 

6. Implement a clear reporting and inquiry procedure:

A fair, transparent and confidential complaint resolution process is a legal necessity. Section 9 of the Act provides the for an aggrieved woman to file a complaint with ICC, while section 11 ensures an impartial enquiry process. Ensuring all parties are heard and maintaining confidentiality are critical for upholding trust.

7. Regular audits and compliance review:

Compliance is an ongoing responsibility. Regular audits of ICC operations, training effectiveness and policy adherence ensures he organization stay compliant and adapt to any legal changes. Section 22 mandates that organizations submit annual reports on ICC activities to the district officer.

To sum up:

Ensuring a safe and respectful workplace is not just a legal mandate, it is a commitment to your team’s wellbeing. At Gupta & Company Consultants (G&CC Management Services Private Limited)we make POSH (Prevention of Sexual Harassment) compliance seamless and stress-free providing expertly drafted policies, engaging training, efficient ICC set up and regular audits. Let us be your partner in creating a safe and inclusive environment for your team. Visit our official website to learn more how we can help you stay compliant and confident.

• Labour law violations may take many forms, but some are more common and harmful to employees’ rights than others. Wage theft and unpaid overtime are common infractions in which employees are denied the compensation they are entitled to. This directly violates an employee’s right to just and fair compensation and is often impossible to notice without monitoring. Ensuring labour law compliance is essential to protect employees from such violations and maintain a fair workplace.

• Other major violations include unlawful retrenchment and dismissals, which occur when employees are fired without valid cause and due process. This practice violated the Industrial Dispute Act of 1947. Employees are left without redress unless they are aware of their rights.

• Workplace discrimination and harassment have serious consequences on employees’ moral and mental health. Gender, caste, or physical impairment-based discrimination, as well as any type of sexual harassment, contradicts the fundamental principles of Indian legislation, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

• Failure to comply with maternity benefit laws under the Maternity Benefit Act of 1961 is also a serious violation. Such violations affect workers’ financial security and health and undermine workplace trust.

Immediate actions to take if your employer violates Labour laws

Whenever your employer violates Labour law, document the infraction as soon as possible, such as emails, paychecks, and other correspondences connected to the matter. Now discuss the issue with your human resource manager and employer otherwise discuss with Labour law consultant. If the violation persists, then consider pursuing legal action and filing the complaint with the appropriate government authority. Understanding your rights and using accessible government channels allows you to properly protect yourself and resolve the matter quickly.

If your employer violates any Labour law, there are several legal platforms to seek redressal, but you have to figure out the most appropriate one. Start by filing a complaint with the Labour Commissioner. For unfair furlough, dismissal, or layoff issues, file a case under the Industrial Dispute Act, 1947. This law provides you the protection against unjust termination and other employee-employer disputes.

If your workplace falls under the Shop & Establishment Act, you can take legal actions in legal disputes related to working hours, intervals, rest hours, overtime, and close days. Additionally, you can approach the Ministry of Labour and Employment and file a complaint if the dispute concerns a larger number of employees.

All these platforms and authorities are structured for employees to prevent exploitation at the workplace, ensuring that employers comply with all applicable Labour laws.

Key Indian Laws to Know and Their Applicability

Preventing sexual harassment at work is not only a legal requirement but but also a cornerstone of creating a secure and productive workplace. Compliance with the prevention of Sexual Harassment (POSH) Act, 2013, is crucial for protecting employee’s rights and maintaining a positive organizational image, especially for startups. This blog post offers a comprehensive, legally enriched guide to achieve POSH compliance in 7 simple steps.

1. Take into account the POSH Act’s requirements:

Compliance begins with the clear understanding of POSH Act, 2013. Section 2(n) of the Act defines ‘sexual harassment’, covering unwelcome physical contact, verbal remarks, or other inappropriate behavior. Under section 4 of the Act, any workplace with ten or more employees must establish an Internal Complaint Committee (ICC) to address grievances. Section 19 of the Act further mandates employers to provide a safe working environment, organize awareness programs, and ensure transparency in complaint handling. 

2. Establish an ICC (Internal Complaints Committee):

Section 4 of the POSH Act mandates the ICC must include at least 4 members, with one external expert familiar with sexual harassment regulations such as POSH consultant or a member of any NGO focused on women’s rights. The presiding officer must be a senior female employee to ensure gender sensitivity. Properly constituted ICCs are essential for Fair and unbiased complaint resolution.

3. Draft an extensive POSH policy:

A well drafted POSH policy if the foundation of compliance. As per section 19 (c) of the act, the POSH Policy must clearly define what constitute sexual harassment, outline the complaint process, explains the ICC’s role, and state the disciplinary actions for violations. Collaborating with POSH specialists such as G&CC, can help ensure your policy is both precise and legally compliant.

4. Conduct awareness and training programs:

Awareness is a legal obligation under section 19(b) of the POSH Act. Regular training sessions must be organized to educate employees on recognizing harassment, reporting it and understanding the rights.

5. Display POSH Act regulations prominently:

According to section 19(e), employer must display information regarding the POSH Act and company’s POSH Policy at prominent places within the workplace. This can include posters defining sexual harassment, reporting procedures and ICC contact details, ensuring the employees are aware of their rights and reporting mechanism. 

6. Implement a clear reporting and inquiry procedure:

A fair, transparent and confidential complaint resolution process is a legal necessity. Section 9 of the Act provides the for an aggrieved woman to file a complaint with ICC, while section 11 ensures an impartial enquiry process. Ensuring all parties are heard and maintaining confidentiality are critical for upholding trust.

7. Regular audits and compliance review:

Compliance is an ongoing responsibility. Regular audits of ICC operations, training effectiveness and policy adherence ensures he organization stay compliant and adapt to any legal changes. Section 22 mandates that organizations submit annual reports on ICC activities to the district officer.

To sum up:

Ensuring a safe and respectful workplace is not just a legal mandate, it is a commitment to your team’s wellbeing. At Gupta & Company Consultants (G&CC Management Services Private Limited)we make POSH (Prevention of Sexual Harassment) compliance seamless and stress-free providing expertly drafted policies, engaging training, efficient ICC set up and regular audits. Let us be your partner in creating a safe and inclusive environment for your team. Visit our official website to learn more how we can help you stay compliant and confident.