Do you know a women has complete rights to file a compliance against the person who is sexually harassing her in the workplace?
If you are not aware of it then here is everything that you must know if you are working in a workplace. Let me inform you, in an organization having ten or more employees may it be permanent, temporary, consultant, intern or contract workers irrespective of genders, it is necessary to comply with PoSH Registration.
Any place visited by the employees arising out of or during the course of employment , including transportation provided by the employer for undertaking such a journey. Workplace covered both organised and unorganised sector. POSH is applicable on Government sector, NGO, House, Nursing home, Corporation, Companies, Farms, Education institutions, Sports facilities, Hospital, Service providers, Corporative societies.
As per the Sexual Harassment of Women (Prevention Prohibition and Redressal) Act 2013 (POSH Act) read with the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Rules 2013 (Rules), constituting an Internal Complaint Committee is mandatory by every employer of the company, including government/ non governmental organization employing 10 or more employees. The Internal Complaint Committee is constituted for inquiring into complaints of sexual harassment filed by any women at the workplace.
Especially for women in India, the PoSH Act has come into existence. Mandated also by MCA (The Ministry of Corporate Affairs) private companies require to conduct meetings and are required to disclose its compliance under the PoSH Act through their Annual Board Report.
APPLICABILITY
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) applies to all workplaces, including:
Private organizations, companies, and firms
Government organizations, departments, and offices
Non-governmental organizations (NGOs)
Hospitals, clinics, and nursing homes
Educational institutions, including schools, colleges, and universities
Sports institutions, including stadiums and training centers
Co-operative societies
Any other place where women are employed or work, either directly or indirectly.
The POSH Act applies to workplaces with 10 or more employees, and it mandates that such workplaces establish an Internal Complaints Committee (ICC) to receive and investigate complaints related to sexual harassment at the workplace.
It is important to note that the POSH Act does not just apply to women employees but also includes female interns, apprentices, and even clients or customers who may face sexual harassment in the workplace.
Non-compliance with the POSH Act can result in penalties, including fines and cancellation of licenses or registrations, as well as reputational damage to the organization. Therefore, it is important for every organization to be aware of the provisions of the POSH Act and ensure compliance to create a safe and respectful workplace for all employees.
DOCUMENTS REQUIRED
List of documents that we will be needing for POSH Registration are:-
PAN Card of the Company
Memorandum of Association (MOA) of Company
Article of Association (AOA) of Company
Certificate of Incorporation of Company
Rent Agreement (If any)
Board Resolution
List of names of all the directors
List of employees of all the directors
IC Registration
While the POSH Act itself doesn’t explicitly discuss registration of Internal Committees (ICs), some districts and states have issued circulars, orders, or notifications mandating such registration within their jurisdictions.
Pune
Karnataka
Mumbai
Telangana
Noida
PENALTY under POSH
Non-compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) can result in penalties for the organization and its management. The penalties include:
Monetary Penalty: If the organization fails to comply with the POSH Act, it can be fined up to Rs. 50,000. In case of repeated violations, the fine can be increased to Rs. 1,00,000 or cancellation of license.
Reputational Damage: Non-compliance with the POSH Act can lead to reputational damage for the organization. This can harm the organization’s brand image and lead to a loss of business.
Legal Proceedings: If a complaint of sexual harassment is received, and the ICC fails to take action, or if the victim is dissatisfied with the action taken, legal proceedings can be initiated against the organization and the management. This can result in legal costs and compensation payouts, which can be substantial.
It is important to note that the penalties can be severe, and organizations must take the necessary steps to comply with the POSH Act. Establishing a robust ICC, providing training to employees, and creating a safe and respectful workplace environment can go a long way in preventing sexual harassment at the workplace and avoiding penalties.
POSH COMPLIANCE
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) mandates that all organizations with 10 or more employees must comply with the following:
Establishment of an Internal Complaints Committee (ICC): Every organization must establish an ICC to receive and investigate complaints related to sexual harassment at the workplace. The committee must have at least one external member and a female presiding officer, and it must be set up within three months of the Act’s applicability.
Formulation and display of a policy against sexual harassment: The organization must formulate a policy against sexual harassment and display it prominently at the workplace. The policy must contain the definition of sexual harassment, the complaint mechanism, and the penalties for offenders.
Training: The organization must provide training to all employees on the prevention of sexual harassment at the workplace. The training must cover the definition of sexual harassment, the complaint mechanism, and the penalties for offenders.
Annual Report: The ICC must submit an annual report to the employer, which includes the number of complaints received, the actions taken, and the status of the complaints.
Non-Disclosure Agreement (NDA) prohibition: The Act mandates that an employer must not enter into any agreement that bars or restricts the female employee from filing a complaint or reporting an incident of sexual harassment.
Failure to comply with the provisions of the POSH Act can result in severe penalties, including monetary fines, reputational damage, and legal proceedings. Therefore, it is essential for organizations to take necessary steps to comply with the POSH Act and create a safe and respectful workplace environment for all employees.
Drafting
Drafting of documents is covered under the package and we shall be responsible for proper drafting of all the necessary documents.
Filing
The next which is filing of documents, this step also shall be done by us after taking confirmation from your side.
Free Consultation
Whenever required, you can call us or drop an email to get answer to all your queries. We will respond you soon.
Affordable fee
We understand our client’s requirement and keep that in mind, our charges are minimal and will be convenient for you.
What you get in this package?
We are offering you ultimate package of registration of POSH
EAdvisors POSH Registration package provides you with:- >Drafting of documents >Filing of documents >Free Consultation >Affordable fee
EAdvisors POSH Registration
EAdvisors offers you various benefits
No Hidden Fees
EAdvisors is a well-known company, popular for its quality work and therefore no hidden or extra is charged by our clients.
Fast and Easy
By just sharing your documents with us on WhatsApp or email, you will get your dream company ready within 10 days only.
Order Registration
You will be given a Unique Order No. for you to track the status of company registration process. We offer this unique tracking method to given them a sense satisfaction that their work is our utmost priority.
Secure Payments
Once the registration process gets started and payment is also made, it is our duty and responsibility to keep your payment secure and in return registering your company.
Use Local Currency
Being a company established in India, we will be accepting the payment in Indian Currency through any of the online mode of transfer.
Intelligent Working method
As the world is also getting advance within time, we have also established online way of accepting documents and creating your company.
You can simply contact us for the easy and hassle free registration process under PoSH Act. We will be requiring some necessary documents and then the POSH Registration process shall be started. You can send us the documents on whatsapp or via email.
A big Yes! PoSH is mandatory as considered legally. If the law is not followed then, high and heavy penalty shall be charged that includes a fine of INR 50000 where the offence has occurred for the first time. Also, if the offence is repeated several times then, there may appear a chance of cancellation of business license. So, be aware!
Where there are 10 or more employees in an organization, it is necessary for the organisation to constitute an Internal Complaints Committee (ICC) by an order in writing. The committee formed (ICC) shall have the powers to inspect the sexual harassment complaints and redress them in the manner as stated under the PoSH Act and PoSH Rules.
PoSH policy is implemented in order to mandate every organization falling in the limit to define their sexual harassment policies, prevention systems, procedures and service rules for its employees.
“To make woman feel secure in the workplace where she is spending half of the day” was the only reason to establish PoSH Act. As a safe workplace is obviously a woman’s legal right. Article 14, 15 and 21 of the Constitution of India states the “Equality and personal liberty of every person” Therefore, infringement of fundamental right of a women is a punishable offence. Every person has the right to work and earn a living. But due to sexual harassment faced by every women in one or the other workplace was making it difficult for woman’s to work. In order to provide safety to them, there was a necessity to enact a powerful law that mandates all workplaces in India to provide women with a safe and secure working environment that is free from sexual harassment.
PoSH is The Sexual Harassment of Women at Workplace that prevents prohibits and redress the infringement of fundamental rights of a women. PoSH Act is applicable to every public/private organisation that conducts any commercial, vocational, educational, entertainment, industrial or financial activities in the whole of India. Also, organized and unorganized sector and non government organization are included under the PoSH Act. To allow women to work and live with dignity, this act came into existence. It also gives the right to all the women to work and the right to carry out any occupation which they wish to do. Under this Act, if any women is working in a workplace and faces any kind of sexual harassment then she can report the same.
The Prevention of Sexual Harassment Policy at Workplace. It is an act that prevent women from being sexually harassed in a workplace.
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Client Reviews
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I am happy and satisfied to get services from Eadvisors. I got POSH registration and impressed with their services.
Mohit Agarwal, Bawana
Director
Must say EAdvisors have brilliant professional services. They provided me with POSH registration in very less days and that too with expertise.
Vijay Choudary, Badli
Director
I have come across EAdvisors from Google and obtained nice POSH registration services. Good going . All the best for future.
Mukesh Bansal, Bawana
Director
If you are also searching a trusted professional firm for POSH Registration then here is EAdvisors. Being the most qualified and experienced in this field .I m a happy client of EAdvisors
Vikram Sethi, Okhla
Managar
After a lot of research I found EAdvisors. Thanks to them for helping me in POSH Registration and also assisting me at every step. Good luck for the future.
Sakshi Bhatia, Mayapuri
Director
A big thankyou to team Eadvisors who made POSH compliance process so easy for me. With less time taken, they saved me from heavy penalties.
Nitin Walia, SSI Industrial Area
Director
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