Frequently Asked Questions
The POSH Act emphasizes providing support to victims, including counseling, legal aid, and other necessary assistance. Organizations are required to establish a supportive framework for the affected individuals.
Yes, the POSH Act holds employers vicariously liable for acts of sexual harassment committed by their employees, and employers can face legal consequences if they fail to address or prevent such incidents.
No, the POSH Act is not gender-neutral, only women can file complaints.
The POSH Act is mandatory for organizations employing 10 or more people, covering both private and government sectors.
Organizations can prevent sexual harassment by promoting a culture of respect and inclusion, conducting regular training and awareness programs, implementing clear policies, and encouraging open communication and reporting.
The Internal Complaint Committee is required to complete the inquiry within 90 days of receiving the complaint. The committee must then submit its findings and recommendations to the employer within 10 days.
To file a complaint under the POSH Act, the aggrieved employee must submit a written complaint to the Internal Committee within three months of the incident. The committee will then conduct an inquiry and take appropriate actions based on their findings.
Organizations can ensure POSH compliance by conducting regular training sessions, forming an Internal Committee, implementing a clear anti-sexual harassment policy, and providing a safe and confidential process for reporting and addressing complaints.
Gender Sensitization involves educating individuals about gender equality and addressing gender biases and stereotypes. It aims to create an inclusive and respectful work environment for all genders.
POSH training should be conducted regularly, at least once a year, to ensure that all employees are aware of the guidelines and procedures. New employees should be trained during their on boarding process.
Organizations that fail to comply with the POSH Act can face penalties, including fines and potential revocation of business licenses. Non-compliance can also lead to reputational damage and loss of trust among employees and stakeholders.
The POSH Act covers all employees in the workplace, including permanent, temporary, and contract employees, as well as interns and volunteers.
Sexual harassment includes any unwelcome behavior of a sexual nature, such as physical contact and advances, demands or requests for sexual favors, sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
If an employee experiences sexual harassment, they should report the incident to their organization's Internal Complaint Committee (ICC) as established under the POSH Act.
The Internal Complaint Committee (ICC) is responsible for addressing and resolving complaints of sexual harassment within an organization. It conducts inquiries, makes recommendations, and ensures that appropriate actions are taken.
