THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
This Act has been implemented to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. It extends to Whole of India.
ORGANISATION HAVING 10 OR MORE WORKERS
Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as “Internal Complaints Committee”. A senior level woman officer is to head the ICC.
Internal Committees shall consist of
- Presiding Officer
- not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge
- one member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment
Provided that at least one-half of the total Members so nominated shall be women.
If there is no senior level woman officer presiding ICC, then actions of the Committee is to be disregarded or liable to be set aside. If senior woman officer is not available. In the organization then same will be nominated from other work units or department of the organization
Please note that: ICC is required to be constituted at every office /branch/site office of an organization having 10 or more workers.
Any aggrieved woman may make, in writing, a complaint of sexual Harassment at workplace to the ICC, if so constituted.
ORGANISATIONS HAVING LESS THAN 10 EMPLOYEES
Every District Officer shall constitute in the district concerned, a committee to be known as the Local Committee to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself.
The Local Committee shall consist of the following members to be nominated by the District Officer, namely: —
- (a) a Chairperson to be nominated from amongst the eminent women in the field of social work and committed to the cause of women;
- (b) one Member to be nominated from amongst the women working in block, taluka or tehsil or ward or municipality in the district;
- (c) two Members, of whom at least one shall be a woman, to be nominated from amongst such non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.
- Provided that at least one of the nominees should, preferably, have a background in law or legal knowledge: Provided further that at least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time to time;
- (d) the concerned officer dealing with the social welfare or women and child development in the district, shall be a member ex officio.
Powers of ICC or Local Committees;
The ICC or Local Committee , as the case may be, shall have the same powers as are vested in a Civil Court, under the Code of Civil Procedure,1908 ,when trying a suit in respect of the following matters, namely—
(i) Summoning and enforcing the attendance of a person and examining him on oath;
(ii) Requiring the discovery and production of documents; and
(iii) Any other matters as may be prescribed
COMMITTEE TO SUBMIT ANNUAL REPORT:
The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare an annual report and submit the same to the employer and the District Officer. The District Officer shall forward a brief report on the annual reports received to the State Government.
The Annual Report shall have below mentioned details;
- Number of complains of. Sexual harassment received during the year;
- Number of complaints disposed off during the year;
- Number of cases pending for more than 90 days;
- Number of workshops or awareness programs have been conducted during the year;
- Nature of action taken by the employer/District Officer ;
- Such other information as may be prescribed and required
TIME FOR FILLING: Since there is no time limit prescribed under POSH and the rules thereunder for such filing, the report should be filed within a reasonable time period, after the end of the calendar year. The local District Officers are generally of the view that the reports must be submitted within 30 days of the year end.
It may be noted that the Committee report is required to be prepared and filed, even if no complaints of sexual harassment have been received in an organisation.
Subject to the provisions of section 19, every employer shall-
- formulate and 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 orientation programmes and seminars for the Members of the Internal Committee ;
- 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;
- conduct capacity building and skill building programmes for the Members of the Internal Committee;
- declare the names and contact details of all the Members of the Internal Committee;
- use modules developed by the State Governments to conduct workshops and awareness programmes for sensitizing the employees with the provisions of the Act.
We, JKG Corporate Consultants LLP, render assistance in Conducting POSH Compliances including the preparation of Annual report for your organisation.
Disclaimer: [This article has been prepared on the basis of information available till date. But professionals are advised to study the laws and compliance].
