POSH Full Form, Applicability and More

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POSH Full Form, Applicability and More

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POSH full form is Prevention of Sexual Harassment. It refers to Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Act mandates organizations to define their sexual harassment policies in order to prevent, prohibit and address sexual harassment of women at the workplace. 

In this blog post, we shall discuss POSH full form, its applicability and more. Whether you are a law student or a working woman looking to stay informed, this blog post is worth a read.

What is POSH Full Form?

POSH full form in law is Prevention of Sexual Harassment, referring to Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This law was enacted by the Indian Parliament to protect women from sexual harassment and provide a secure and safe work environment for them. 

As per POSH Act, every workplace having 10 or more employees must establish an Internal Complaints Committee to handle complaints pertaining to sexual harassment. In case of smaller establishments or in cases involving the employer, a Local Complaints Committee is formed at the district level by the District Officer. 

Applicability of POSH

POSH applies to every kind of workplace. It isn’t limited to just the regular offices. The Act covers both organized and unorganized sectors, including companies, factories, colleges, schools, NGOs and hospitals. It even covers people who work on a hybrid or remote basis. 

Whether an individual is a permanent employee, working on a contract or from home, the Act is intended to protect them from any kind of harassment resulting from professional interactions. The Act works to ensure there’s a consistent level of safety as well as respect for all, regardless of where they are working and their job role. 

POSH Complaint Process

Filing a complaint under POSH follows a structured process that’s meant to ensure fairness, privacy and quick resolution for the aggrieved individual. Here’s how the POSH complaint process generally takes place.:-

Collection of Evidence:-

The person raising the complaint should gather anything that supports their case. It could be screenshots of the SMS, emails and even WhatsApp texts. The person can even make a list of the names of people who witnessed the incident. 

It is a good practice to give prior intimation to them, confirming their willingness and availability to provide a statement, if required. 

Determining the Correct Forum:-

Depending on how the organization is, the POSH complaints are taken up either by the Internal Committee (ICC) or the Local Committee (LCC). In case of organizations with 10 or more employees, the ICC handles the complaints. 

In case of organizations with less than 10 employees, the LCC handles the complaints. This Committee also handles POSH complaints against the employers.

Submission of Complaint:-

A written complaint has to be filed within three months of the incident. This complaint must clearly mention what happened, when it happened and who was involved. Any proof available must be attached to the complaint.

ICC/LCC’s Initial Steps:-

Upon receiving the written complaint, the Internal Committee or the Local Committee - whichever is applicable - takes the first set of actions. They acknowledge the complaint and inform both complainant and the respondent. Then, they initiate the process while maintaining full confidentiality. 

Investigation:-

The committee then conducts a formal inquiry. For the inquiry, both complainant and the respondent can present their statements and bring witnesses. The investigation is supposed to be concluded within a period of 30 days.

Suitable Action by the Employer:-

Based on what the committee concludes, a suitable action must be taken by the employer. It could be a simple warning to termination or any other disciplinary measure recommended by the committee. 

In case the employer is the harasser, the complaint is handled in a direct manner by the Local Committee. This is done to ensure an unbiased investigation is conducted. Upon the investigation, the committee submits its recommendations to the District Officer, who then ensures that appropriate action is taken against the employer.

Confidentiality and rotection:-

Throughout the entire process, the identities of everyone involved, including complainant, respondent and witnesses, remain confidential. The Act also ensures that no one faces retaliation for participating.

Appeal Options:-

If any party is not satisfied with the committee’s decisions, they can file an appeal in the appropriate legal forum within a period of three months. 

Conclusion

The POSH full form is Prevention of Sexual Harassment, and it refers to the Act of Parliament known as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Act ensures that women have a safe and respectful environment at their workplace. To achieve this, it mandates formation of complaint committees, maintenance of confidentiality and provision of a clear redressal framework.

Frequently Asked Questions (FAQs)

Q1. When was Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 passed?

A. This Act was passed on 22 April 2013, and its rules came into force on 9 December 2013.

Q2. What is the aim of POSH Act?

A. The aim of POSH Act is to prevent sexual harassment of women at workplace, protect their rights to equality, dignity and a harassment free workplace, and provide a legal framework for redressal complaints of sexual harassment at workplace.

Q3. What is the tenure of Internal Complaint Committee’s members? 

A. According to Section 7 (2) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, the Chairperson and every member of Internal Committee shall hold office for a period not exceeding three years from the date of their nomination.

Q4. What is the time limit for an aggrieved woman to submit a POSH complaint? 

A. According to Section 9 (1) of POSH Act, any aggrieved women may file a written complaint regarding the sexual harassment at workplace with the Internal Committee within a period of 3 months from the date of incident or the date of the last incident in case of a series of incident.

Q5. Can someone other than the aggrieved woman file a complaint under the POSH Act? 

A. Yes, if the aggrieved woman is unable to file it due to physical or mental incapacity, or if she has passed away, her legal heirs or another authorised person can submit the complaint on her behalf, according to Section 9 (2) of the Act.

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