The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the ‘PoSH Act’ is an Indian law enacted with the objective of making workplaces safer for women by preventing, prohibiting and redressing acts of sexual harassment against them in the workplace. The law was made effective in the whole of India on December 9, 2013, by the Ministry for Women and Child Development.
- PoSH compliance disclosure is now part of annual Director Report filed with Registrar of Companies(ROC).
- New Shops and Establishments Rules, 2018 in Maharashtra mandates employers to strictly enforce all the provisions of the PoSH Act.
- As per the Section 21, Committee to submit annual report.— The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer. (2) The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State Government.

Non compliance with the PoSH Act

The PoSH Act takes a firm stand against non-compliance of its provisions. If an employer fails to either constitute an Internal Committee, or discharge any of the other duties placed upon them under the act, they shall be punished with a fine which may extend to fifty thousand rupees (Rs. 50,000). In the event an employer contravenes the provisions of the PoSH Act a second, they may be either fined twice the amount as the fine for the first contravention, or face cancellation of their license, permit or registration for carrying on their business or activity.

About the course

As per Section 24(a) of the PoSH Act, it is the responsibility of the appropriate Government to take measures to publicize the Act- develop relevant information, education, communication & training materials, and organize awareness programs, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace.

Thus recognizing the urgent need to bring quality, uniformity, and scale to the trainings, SAF India has launched an online certificate training on ‘Prevention of Sexual Harassment at Work Place - Law and Beyond’. The content is interactive, user-friendly and in a simple language and also ensures strict compliance of the law more particularly Section 24 and with Rule 13(f).

This course is available in three languages namely – English, Hindi and Marathi

This course is available in two levels –

• Advanced level : Ideal for IC members, middle and top level management.
• Basic level : Ideal for sensitization of all employees

This course has been designed with the help of domain experts and knowledge partner SAF India Academy.

Employer’s Duties and Obligations

The PoSH Act mandates the following important responsibilities of an Employer -

• 1. Provision of a safe working environment in the workplace: The PoSH Act makes employers responsible for ensuring that the workplace is safe for its employees and non-employees who might enter the workplace (delivery boys, for example). This mandate is not limited to the official workplace – it also includes any vehicles used by the company, and any third-party sites visited by the employees.
• 2. Constitution of an Internal Committee in every workplace with more than 10 employees: The Internal Committee (IC) is one of the two redressal bodies under the PoSH Act. The IC is responsible for hearing and redressing any complaints pertaining to sexual harassment in such workplace. Training of IC committee members is mandated by the Act.
• 3. Organisation of workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act : Rule 13(f): Manner to organize workshops- use modules developed by to conduct workshops and awareness programs for sensitizing the employees with the provisions of the Act.

The PoSH Act places a duty upon each employer to organise periodic sensitisation workshops for all their employees so they are well versed with the provisions of the Act, the organisation’s redressal procedures and the consequences of engaging in acts that constitute sexual harassment. Such workshops/training sessions must be organised by individuals who are experts or experienced in PoSH sensitisation.

Benefits of Compliance with the PoSH act

Certainly. Besides the legal and financial costs of non-compliance with the PoSH Act, an unsafe workplace can lead to general impairment of your employee’s psychological well-being and reduce your productivity. Workplaces with a greater number of instances of workplace harassment also suffer from higher employee turnover rates. Effective compliance with the PoSH Act makes workplaces safer, displaces the fears and discomfort of employees, increases employee satisfaction, reduces employee turnover and saves companies from other costs associated with sexual harassment.

Evolution of the Workplace Sexual Harassment Law

In the Indian context, putting in place a law to protect women from sexual harassment in the workplace hasn’t been an overnight phenomenon. It has taken the suffering of many, the voices of many more and the legal acumen of a few to make it happen. Some of the most gut-wrenching milestones in this journey have been women like Aruna Shanbaug who was a young nurse working in a hospital. In 1973, while she was on duty, a ward boy brutally raped her, due to which she went into coma. She spent 42 years of her life in a vegetative state. She died on 18th May 2015, bringing an end to one the most tragic journeys of a victim of sexual assault in the workplace. Read more -

Course Methodology

'Prevention of sexual harassment at workplace - law and beyond' course is a well-researched blend of content, creativity and delivery. You will experience a relentless focus on 2 things – learning outcomes and teaching techniques. The learning outcomes of our course is determined by experts in the PoSH Act. The teaching techniques are deployed by a team of very talented graphic designers, videographers and storytellers. Our course gives learners the flexibility of learning at their own pace. With the optimal use of text, graphics, audio and video, we give learners a highly engaging, very high impact learning experience. 'Prevention of sexual harassment at workplace - law and beyond' course is available in English , Hindi and Marathi.

Who Should Take the Course?

'Prevention of sexual harassment at workplace - law and beyond' advanced Course is ideal for Internal Committee members, heads of organizations, and top and middle management. 'Prevention of sexual harassment at workplace - law and beyond' basic Course is a must for all employees.