Is Implementing the Anti-Sexual Harassment Law Necessary for Our Female-Friendly Workplace?

Dear HR Professionals, I was just approached by a consultant to implement the Anti-Sexual Harassment Law in my organization. I went through the details to understand that this is a mandatory requirement for all organizations, regardless of size or nature. However, I have a query. We already have a very conducive environment for females. So, is it still necessary for us to comply with this law? And if it is mandatory, could you please inform me from which date it has been made compulsory? I have never encountered such laws being implemented in any of my previous organizations. Your insights on this matter would be greatly appreciated.

Thanks,
Jyoti

Hi,

Actually, we had an audit in our company, and we didn't register any details on anti-sexual and sexual harassment laws. Is this mandatory? We have a workers' association.

By R.M. Manoj

Policy Against Sexual Harassment of Women in the Workplace

The policy against sexual harassment of women in the workplace has become mandatory following the enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This is in continuation of the Supreme Court judgment in Vishaka and Others Vs. State of Rajasthan and others in 1997.

Accordingly, an Internal Complaints Committee is required to be formed. This committee will consist of four to six members, of which the presiding officer and at least 50% of the members should be women. Additionally, one member should be from outside, with experience in dealing with sexual harassment issues. The policy should define the scope of the Committee.

There are plenty of drafts available on this site. You may also find the attached one useful. You can make necessary changes and implement them in your organization.

Regards,
Madhu.T.K

As already pointed out above, the Prevention of Sexual Harassment at Workplace Act was passed in 2013 and has been implemented since then. The burden of ensuring a safe workplace free from sexual harassment is heavily placed upon the employer and the Internal Complaints Committee chairperson. The fine for violations extends up to the cancellation of business registration. Therefore, please ensure that you have an ICC in place and also conduct an awareness program for all the employees in the organization.

Thank you.

Can anyone help with how to give training on sexual harassment to employees in the office?

POSHAWW Act 2013 Requirements

The POSHAWW Act 2013 mandates the formation of an Internal Complaints Committee (ICC) in companies with more than 10 employees and the establishment of a POSH policy. It requires that all employees, both direct and indirect, be sensitized through awareness sessions about the provisions of this Act. The Act primarily obligates employers to ensure a safe workplace for women, free from any form of sexual harassment, allowing them to perform their duties freely and fairly. The ICC is set up to address harassment concerns, which must be submitted in writing to the committee.

Sexual Harassment Policy and ICC Composition

A Sexual Harassment Policy should be prepared, listing the ICC members, with at least half being women and led by the senior-most woman in the organization. Quarterly meetings are indicated to monitor harassment concerns. An advocate is required as an external member of the committee to advise the ICC on procedures if an inquiry is necessary. Finally, an annual return must be sent to the Managing Director and the Authority.