Is it mandatory to have a Prevention of Sexual Harassment or POSH Policy?

It is mandatory to have a POSH policy or prevention of sexual harassment policy even if there exist 2 employees. Not having any female employee is not a justified ground for no such policy. Prior to the passing of Prevention of Sexual Harassment at Workplace Act, there was no mandate for such policy or any such policy recognizing sexual harassment at workplace. However, with numerous judgments of various Courts it became mandatory for companies to have a POSH policy in accordance with the law.

The Act mandates the establishment of an Internal Complaints Committee at all branches or offices of organizations where at least 10 or more employees are employed.The constitution of the Committee is as follows:

  • It should be headed by a woman employed at a senior level.

  • Half of the members should be women.

  • It should include a third party NGO/ another body.

  • Two persons amongst employees committed to the cause of women/with experience in social work/legal knowledge should form part of the Committee.

 


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