POSH Training for Indian Workplaces

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects an "aggrieved woman" of any age, whether employed or not, who alleges sexual harassment at a workplace (section 2(a)). That covers visitors, clients and vendor staff, not only employees.

Sexual harassment under section 2(n) includes unwelcome physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. Section 3(2) adds circumstances that may amount to harassment, such as an implied or explicit promise of preferential treatment, a threat about her employment, or creating an intimidating, offensive or hostile work environment.

The definitions are wide. "Employee" in section 2(f) includes regular, temporary, ad hoc and daily wage staff, contract workers, probationers, trainees, apprentices and volunteers, whether engaged directly or through a contractor. "Workplace" in section 2(o) includes any place visited by an employee arising out of or during employment, including transport provided by the employer.

Section 4(1) requires every employer to constitute an Internal Committee by written order, at every office or administrative unit located at different places. It must be chaired by a Presiding Officer who is a senior woman employee, with at least two employee members and one external member from a non-governmental organisation or a person familiar with issues relating to sexual harassment. At least half the members must be women, and members serve for up to three years (section 4(2) and (3)).

The ten-employee figure comes from section 6(1): the District Officer's Local Committee receives complaints from establishments where an Internal Committee has not been constituted because they have fewer than ten workers, and complaints against the employer. Rule 4 of the POSH Rules, 2013 describes who can serve as a person familiar with issues relating to sexual harassment.

A complaint must be made in writing within three months of the incident, or of the last incident in a series, and the committee may extend this by up to three more months for recorded reasons (section 9(1)). Before an inquiry, the committee may try conciliation at the woman's request, but no monetary settlement can be the basis of it (section 10).

The inquiry must be completed within ninety days (section 11(4)). Under Rule 7, the respondent receives the complaint within seven working days and replies within ten working days, and lawyers may not represent either party. The committee gives its report to the employer within ten days of completing the inquiry, and the employer must act on its recommendations within sixty days (section 13). Appeals lie within ninety days (section 18).

Section 19 lists the employer's duties. They include providing a safe working environment, displaying the penal consequences of sexual harassment and the order constituting the Internal Committee, organising "workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee", and treating sexual harassment as misconduct under the service rules.

Rule 13 sets out how this is done. Every employer must formulate and widely disseminate an internal policy, carry out orientation programmes and seminars for Internal Committee members, carry out employee awareness programmes, conduct capacity building and skill building programmes for committee members, and declare the names and contact details of all committee members.

Section 16 bars publishing or making known the contents of a complaint, the identity of the parties and witnesses, the inquiry proceedings, the recommendations and the action taken. Section 21 requires the Internal Committee to prepare an annual report each calendar year for the employer and the District Officer. Under Rule 14 it records complaints received, complaints disposed of, cases pending for more than ninety days, the number of workshops or awareness programmes carried out and the action taken. Section 22 requires the employer to include the number of cases and their disposal in its own annual report, or to send it to the District Officer where no annual report is prepared.