An Overview of POSH ACT 2013

1. Overview of the Act :The legislation regarding this is the Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). As a result of the
Act, women are protected at work from sexual harassment. Furthermore, it
provides for preventing and redressing complaints of sexual harassment.

2. Applicability :
POSH Act is applicable on every Company, workspace, establishment or
organization employing 10 or more employees whether full time, part time,
interns or on contract, irrespective of its nature of industry of location.
3. Formulation of Internal Complaints Committee in each establishment is
mandatory with 3 members, namely:


A. Presiding Officer
B. Two Employee Members
C. External Member

4. Formulation of Internal POSH Policy.


5. Organising Workshops, Awareness and Orientation Programs:
The most effective weapon against Sexual Harassment is awareness.


6. Submitting Reports under the Act :
The Internal Complaints Committee or the Local Committee, in every calendar
year, shall prepare and submit an annual report to employer and district officer.
The due date to file the report with the District Officer is 31st of January for
every year for the preceding calendar year.


7. Penalty Under the Act :
When the employer fails to constitute an Internal Committee or breaches
provisions of this Act or any rules made thereunder, they shall be punishable
with fine of fifty thousand rupees (INR 50,000).If any employer, after having been
previously convicted of an offence punishable under this Act, subsequently
commits and is convicted of the same offense, he shall be liable to twice the
punishment.
Extended penalties shall be:
• Cancellation or withdrawal of his license.
• Non-renewal, or cancellation of the registration.
• The employer shall be punishable with fine which may extend to Rs. 50,000/-
for the first offence.

Disclosure regarding the POSH act compliances must be reported every year in
Board report of the Company.

SEVA Foundation - Advocating for Safe Workplaces:

Seva Foundation, has a
dynamic team comprising advocates, company secretaries, and professionals dedicated to creating awareness about the PoSH Act. Our location in Kolkata serves as a hub for workshops that raise awareness and facilitate the adoption of the PoSH Act across diverse industries.

Our Comprehensive Training Program:

• In-depth Understanding: Dive into the intricacies of the PoSH Act, its
provisions, and the roles and responsibilities of employees and
employers.
• Interactive Sessions: Engage in interactive discussions, case studies, and
real-life scenarios to enhance practical understanding.
• Online and On-site Options: Choose the training format that suits your
organization’s needs – online sessions for flexibility or on-site workshops
for a personalized touch.
• Our training programs are customizable to suit the unique needs and
dynamics of your organization. Whether you’re a small business or a
large corporation, our training can be tailored to align with your
organizational culture and industry specifics.

Services offered by us :

  •  POSH Policy preparation and implementation.
  •  Formation of ICC under POSH law.
  •  POSH awareness program for employees.
  •  POSH training program for ICC.
  •  External Committee Member for ICC.
  •  Quarterly Meeting of ICC.Audit, documentation and compliance reports.
  •  Handling of POSH complaints.
  •  Legal Support.