Obligations of Employers under POSH Act, 2013

Who is an employer under the Act?

The POSH Act, 2013 defines an employer to mean ” any person responsible for the management, supervision and control of the workplace and management includes the person or board or committee responsible for formulation and administration of polices for such organization”. This article lists out the obligations of Employers under POSH Act, 2013.

The employer has to initiate disciplinary action against the officer involved in sexual harassment under Articles 14, 15 and 21 of the Constitution.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013, an employer must create a safe workplace for women employees and act quickly to record and address any complaints of sexual harassment at work.

Employer Responsibilities- Every business with more than ten workers is required under the POSH Act of 2013 to establish a sexually harassment-free office that also ensures the safety of visitors to the workplace. 

An employer’s responsibilities include these:
  1. The workplace or branch where at least ten employees are employed must have an internal complaints committee (ICC) for a company to do so. Every office or branch of the business with ten or more workers requires the Employer to set up an ICC. Even if there are currently no women working at the institution, an ICC must be established.
  2. Implementing a well-written POSH Policy: The Employer is required to execute a well-written, specifically tailored anti-sexual harassment policy that was created by Indian employment and labour lawyer with expertise.
  3. To see sexual harassment as improper behavior: Any incidence of sexual harassment must be handled as misbehavior, according to the Anti-Sexual Harassment Act. Sexual harassment must be explicitly defined as misbehavior in all employment agreements, service rules, policies, and standing orders.
  4. The consequences of sexual harassment must also be made very apparent, including salary deductions, job termination, further fines, etc.
  5. The order of the Internal Complaints Committee and the criminal penalties for sexual harassment must be displayed in a prominent location at the place of employment.
  6. To educate staff members about workplace sexual harassment: All companies must inform and sensitize workers to the problem of sexual harassment. To educate the workforce on workplace sexual harassment, the companies must provide seminars and hold workshops.
  7. To prepare the Annual Report: Companies, organizations, and trusts are expected to provide an annual report detailing the sexual harassment claims they have received and where they stand at the time. The Registrar of Companies must receive this yearly report from all Indian corporations.
  8. To support the employee in reporting a sexual harassment occurrence, the Employer must also help the employee file a complaint against the alleged harasser and assist her in pursuing legal action, including a criminal sanction. If the female Employer chooses, the Employer may also decide to file a complaint against the alleged offender.
  9. The following actions are mandated by Central Government regulations under the Sexual Harassment Act on the part of the Employer:
  • Distribute the POSH workplace sexual harassment policy.
  • Conduct orientation programmes for the Internal Complaints Committee’s members.
  • Conduct seminars to help ICC members develop their abilities and skills.
  • Organize seminars and awareness campaigns with women’s organizations, Panchayati raj, local authorities, etc.
  • Include the ICC members’ names and contact information in the Prevention of Sexual Harassment (POSH) Policy.