POSH Policy
tanuja pamnani
SURENDER HARSH
revention of Sexual Harassment Policy (POSH)
[Company Name]
1. Objective
The objective of this policy is to provide a safe, secure, and respectful workplace, free from sexual harassment, as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and in compliance with relevant provisions of the Companies Act, 2013.
2. Scope
This policy applies to all employees, regardless of gender, including permanent, temporary, trainees, and interns at [Company Name]. It covers incidents occurring within the premises of the company and any off-site work or official functions.
3. Definition of Sexual Harassment
Sexual harassment includes, but is not limited to, the following unwelcome acts or behavior (whether directly or by implication):
- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
4. Constitution of the Internal Complaints Committee (ICC)
In compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, [Company Name] has established an Internal Complaints Committee (ICC) at each workplace and branch.
The ICC will consist of:
- A Presiding Officer who is a senior woman employee
- At least two other employees with a legal or social background in dealing with sexual harassment
- One external member from an NGO or association committed to the cause of women or experienced in dealing with such issues.
5. Roles and Responsibilities of the ICC
- Receiving Complaints: The ICC will receive complaints of sexual harassment in writing.
- Investigation: The ICC will initiate an inquiry following due process within 7 days of receiving the complaint.
- Redressal: The ICC will complete the inquiry within 90 days and submit the findings to the employer for appropriate action.
- Confidentiality: To maintain the privacy of the complainant, respondent, and witnesses.
6. Complaint Mechanism
- Filing a Complaint: The complaint must be submitted in writing by the complainant or by another employee on behalf of the complainant.
- Time Limit: Complaints must be made within three months of the incident, with a possibility of a three-month extension under special circumstances.
- Interim Measures: During the inquiry, the ICC may recommend interim relief measures such as temporary transfer or leave for the complainant.
7. Disciplinary Action
If the ICC concludes that the allegation is substantiated, disciplinary action will be taken, which may include:
- Written apology
- Warning or reprimand
- Termination of employment or demotion
- Deduction of salary or other forms of compensation as appropriate
8. False Complaints
Any malicious or false complaint will be addressed with disciplinary action against the complainant after due investigation.
9. Training and Awareness Programs
[Company Name] will conduct regular POSH training and sensitization workshops for employees and managers, aiming to foster awareness and encourage a safe and respectful work culture.
10. Annual Reporting
As per the Companies Act, 2013, and the Sexual Harassment of Women at Workplace Act, 2013, the ICC shall prepare an annual report containing the number of cases filed and resolved, which will be submitted to the employer and relevant authorities.
11. Confidentiality and Non-Retaliation
All parties involved in a complaint, including witnesses, will maintain confidentiality, and the company strictly prohibits any form of retaliation against complainants or witnesses.
12. Amendments and Review
This policy may be updated or modified by [Company Name] as necessary to align with legal requirements and evolving workplace needs.
**This policy should be made available to all employees and form a part of the code of conduct for compliance with the Companies Act, 2013, and relevant regulations.
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SURENDER HARSH
Implementation Procedure for POSH Policy
The effective implementation of the POSH policy involves several key steps, ensuring that the policy is communicated, upheld, and reviewed consistently across all levels of the organization.
1. Awareness and Training
- Mandatory Awareness Programs: Conduct workshops and training sessions for all employees, including managers and leaders, to create awareness about the POSH policy.
- Sensitization Sessions: Organize regular sessions to educate employees on recognizing and preventing sexual harassment.
- Policy Dissemination: Make the policy document accessible to all employees and incorporate it into the employee handbook and onboarding process.
2. Constitution of the Internal Complaints Committee (ICC)
The ICC should consist of:
A Presiding Officer (senior woman employee).
Two employees with experience or social awareness in dealing with such issues.
An external member from an NGO or group committed to women’s rights.
Tenure: Members serve a three-year term.
ICC Responsibilities:
- Receive and investigate complaints.
- Maintain confidentiality throughout the process.
- Provide recommendations based on the inquiry to management for disciplinary action.
3. Complaint Filing Procedure
- Submission of Complaint: Employees who experience or witness harassment can file a complaint within three months of the incident.
- Written Complaint: The complaint must be in writing, either submitted directly by the complainant or by another individual on their behalf if necessary.
- Assistance: If the complainant is unable to submit the complaint in writing, they may seek help from the ICC to document it.
4. Investigation and Inquiry Process
- Receipt of Complaint: The ICC will acknowledge receipt of the complaint and begin the inquiry within seven days.
- Inquiry Timeline: The ICC will complete the inquiry within 90 days of receiving the complaint.
- Interim Relief: If needed, the ICC can recommend interim relief for the complainant, such as temporary leave, transfer, or changes to reporting structures.
- Witness and Evidence Collection: The ICC may call witnesses or gather relevant documents to ensure a fair inquiry.
- Confidentiality: All details related to the complaint and inquiry are to remain confidential.
5. Redressal and Disciplinary Action
- Decision and Recommendations: Within 10 days of concluding the inquiry, the ICC submits findings to the employer.
- Employer Action: The employer is responsible for enforcing the recommended disciplinary measures, which may include:
- Written apology
- Warnings or reprimands
- Termination of employment or demotion
- Deduction of salary or other monetary compensation as directed
6. Appeal Process
If either the complainant or respondent is dissatisfied with the outcome, they may appeal the decision to the appropriate appellate authority within 90 days of the ICC’s report.
7. False Complaints
The policy discourages malicious complaints, and in cases where the complaint is found to be false or made with malicious intent, appropriate disciplinary action may be taken against the complainant after a thorough investigation.
8. Annual Reporting
The ICC will prepare an annual report containing:
- Number of complaints received and resolved.
- Summary of actions taken.
This report is submitted to the district officer annually and is included in the company’s Annual Report as required by the Companies Act, 2013.
9. Monitoring and Periodic Review
To maintain the relevance and effectiveness of the POSH policy:
- Regular Review: The policy should be reviewed at least annually or as needed to ensure alignment with legal amendments and organizational changes.
- Feedback Mechanism: Encourage employees to provide feedback on the policy and suggest areas for improvement.
Company/LLP Registrations | NGO Registrations (Trust, Society, Section 8 Company) | Producer Company | NIDHI Company | NBFCs |, NCLT AND NCLAT Matters, ROC, RD Compliances | XBRL Filings | Secretarial Compliance & Services | FEMA Compliances | Closure of Companies/LLP's | Appointment & Resignation of Directors & Auditors | Alterations of MOA & AOA/LLP Agreement | DSC & DIN | GST Registration & Returns | Tax Registrations & Returns | Import Export Code | FSSAI (Food License) | Trade Mark ( National & International ) | Copyright | ISO Certifications | Income Tax | TAXATION | | , Court Matters (District and Hight Court Level Matters ) Etc.