The Labour Department of the Government of NCT Delhi has issued an important directive to reinforce compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). This advisory highlights the key requirements and steps organizations must take to ensure a safe and inclusive workplace.
Key Highlights of the Directive
1. Mandatory Constitution of ICC
Under Section 4 of the POSH Act, every organization with 10 or more employees is required to establish an Internal Complaints Committee (ICC).
- The ICC is responsible for receiving, addressing, and resolving complaints related to sexual harassment at the workplace.
2. Penalties for Non-Compliance
Failure to comply with the provisions of the POSH Act, including the formation of an ICC, can lead to penalties as prescribed under the Act.
3. Registration on She Box Portal
The She Box Portal, introduced by the Ministry of Women and Child Development, allows online registration of complaints.
- Employers in the public and private sectors are advised to register their organizations on the portal to facilitate grievance redressal.
4. Supreme Court Directives
In the case of Aureliano Fernandes Vs The State of Goa & Ors (W.P. (C) No. 1224/2017), the Hon’ble Supreme Court emphasized the strict enforcement of the POSH Act.
5. Role of District Officers
District-level officers, including JLCs, DLCs, and DISH, are tasked with:
- Ensuring organizations in their jurisdiction are aware of the need to form ICCs.
- Promoting awareness about the She Box Portal and gathering compliance information.
Steps to Ensure Compliance with the POSH Act
To meet the requirements of the POSH Act and create a safe workplace, follow these steps:
1. Constitute an ICC
Form an ICC in your organization if not already done. The committee should include:
- A Presiding Officer: A senior woman employee.
- Two members from among employees committed to the cause of women or with expertise in social work or law.
- One external member from an NGO or legal body with experience in handling sexual harassment cases.
2. Register Your Organization on the She Box Portal
Complete the registration process on the She Box Portal to enable online complaint management. This ensures accessibility and transparency in handling grievances.
3. Conduct Awareness and Training Programs
- Organize regular training sessions for employees to familiarize them with the POSH Act and the ICC’s complaint redressal process.
- Provide specialized training for ICC members to handle complaints effectively.
4. Submit Annual Reports
Ensure timely submission of the ICC’s Annual Report to the relevant district authority, as mandated under the POSH Act. The report should include details of complaints received and actions taken.
5. Maintain Proper Records
Maintain accurate and up-to-date records of:
- Complaints received.
- Redressal actions taken.
- ICC meetings and proceedings.
Why Compliance Matters
Implementing the POSH Act isn’t just a legal requirement—it’s a commitment to fostering a safe and respectful work environment. By constituting an ICC, registering on the She Box Portal, and conducting regular awareness programs, employers can demonstrate their dedication to protecting employees’ rights and well-being.
Stay Compliant, Stay Responsible
Employers are encouraged to act proactively to ensure full compliance with the POSH Act. For further assistance or professional guidance on compliance measures, connect with SGC Services.
Together, let’s build workplaces that are free from harassment and discrimination.
SGC Services
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