Innaya, a 20-year-old recent graduate, was thrilled to begin her first job and eagerly anticipated this new chapter of her life. However, her excitement began to vanish after her first week at work. She noticed a shift in her manager’s behaviour—he frequently made her stay late at the office and would often ask personal questions, like whether she was in a relationship. Innaya consistently avoided answering to maintain professionalism, but the situation left her uncomfortable. One day, she began to wonder if her employer had a legal duty to ensure that the workplace was safe for her and her colleagues.
This is where the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or the PoSH Act plays a pivotal role. Section 19 of the Act clearly defines the duties of employers to create safe and respectful workplaces.
Here are some ways employers can ensure safety in the workplace:
- Foster a safe and inclusive culture: A safe working environment is the cornerstone of employee satisfaction. By shielding employees from harm both internal and external, businesses can reduce attrition and attract top talent.
- Transparency and awareness: Companies must display information about the consequences of sexual harassment and the role of the Internal Committee (IC) in easily accessible locations reinforces your commitment to transparency. Regular workshops and awareness sessions not only educate employees but also strengthen the organisation’s brand as an advocate for equality.
- Conduct training: Regularly organise workshops for employees on the Act’s provisions, their rights under the law, and the process for reporting complaints. Provide orientation programs for IC members to ensure they understand their roles and are equipped to handle complaints sensitively and efficiently.
- Facilitate unbiased investigations: Employers must ensure smooth investigation processes by assisting in summoning the respondent and witnesses for hearings. Employers have to provide all relevant information or documents requested by the IC to aid in their investigation. Organisations must equip their IC with the resources and training they need to address complaints sensitively and fairly.
- Empower justice: When firms support employees in filing legal complaints when they choose to do so, it showcases their dedication to standing by their people. Under Section 19 (g) the employer has to “provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force”
- Take disciplinary action against misconduct: Sexual harassment must be treated as misconduct under workplace service rules as well. Employers are responsible for taking immediate and appropriate disciplinary action against proven incidents, which could include suspension, termination, or other penalties in line with company policy and applicable laws.
- Monitor timely reporting by the Internal Committee: Employers should establish a mechanism to monitor the timely submission of reports by the IC. This includes ensuring the committee adheres to deadlines for investigations and provides updates on the actions taken.
Compliance with the PoSH Act is more than a legal necessity; it’s central to your company’s integrity and dedication towards a safe and productive work culture. Empower your organisation to go beyond compliance and make trust, safety, and inclusion the core of workplace values.
At Serein, we help organisations create safe and inclusive workplaces while ensuring full compliance with the PoSH Act, 2013. To know more, write to us at hello@serein.in.