EMPLOYER CHECKLIST TO
COMPALINCE ON POSH ACT 2013.
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Mandate |
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Formation of
Internal Complaints Committee ( available in Chapter III and X
of the Act) |
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A policy with clearly defined Scope,
applicability, Definitions of important elements under the purview, Committee
Member details, Process of handling complaints, Disciplinary procedures etc |
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Organise workshops and awareness programmes at
regular intervals for the entire organisation (100% coverage of all
employees) to sensitize employees on provisions of the Act. and the companies
policy on this matter. |
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Take immediate action on the recommendations made
by the Internal Complaints Committee (Section 12, 13 and 14) if the alleged
harasser is found guilty or in case of malicious complaint. |
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Maintain strict confidentiality while dealing with complaints on Sexual
Harassment (Section 16, 17 and Rule 12) |
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Timely
submission of Annual Reports by the Internal Complaints Committee as required
by the act. |
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Incorporate necessary and relevant changes as and when
there are changes made in the provisions of the Act related to “Prevention
and Prohibition
of Sexual Harassment of Women at Workplace”
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Initiate
action if the aggrieved woman desires, against the alleged perpetrator even
if he or she is not the employee of the workplace where the sexual harassment
has taken place |
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Ensure
there is penalty for publication or making known contents of complaint and
enquiry proceedings. |
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Declare
openly your stand and commitment to create a safe working environment. |
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Display
at conspicuous place in the workplace, the penal consequences of sexual
harassment and committee member details. |
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Conduct
a separate session for managers and leadership level employees on the
consequences of sexual harassment and their obligation to maintain zero
tolerance. |
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Ensure the workplace is well lit and work
space is comfortable for people to move around. |
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Include
the clause related to Sexual harassment at workplace in the offer letters. |
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The
sexual harassment prevention policy should be included in the employee
handbook and should be emailed to every employee. |
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Train
your employees on preventive measures and to report sexual harassment. |
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Treat
Sexual Harassment as a misconduct under the service rules and initiate
actions for such misconduct |
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Ensure internal complaints committee is well
trained to handle cases effectively. |
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Provide
necessary facilities to the Internal Complaints Committee for dealing with
the complaints and conducting the enquiry
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Provide
conference rooms for meetings, hearings and deliberations. |
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Allow
time off from regular work responsibilities, timely arrangements for travel
for meetings etc for the Internal Complaints Committee members while handling
the complaints related to Sexual Harassment at workplace. |
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Provide
medical practitioners and counsellors as required or recommended by the
Internal Complaints Committee etc. |
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As
obligation of confidentiality about the case, employer must also ensure
strict adherence to IT Act and Rules since most of the companies store data
in electronic form. |
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Provide
assistance to woman if she chooses to register a complaint with the police. |
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Perform audits to ensure that Internal Complaints Committee is performing its duties and employees are aware of their responsibilities towards creating a safe working environment. |
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