POSH (Sexual Harassment Prevention) Policy India

POSH (Sexual Harassment Prevention) Policy India

Company Name: [Company Name]
Effective Date: [Effective Date]
Policy Owner: [Policy Owner]
Approved By: [Approved By]
Internal Complaints Committee Presiding Officer: [Internal Complaints Committee Presiding Officer]

PURPOSE & LEGAL FRAMEWORK
- This POSH Policy is established in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the rules framed thereunder, to provide a safe and harassment-free workplace for all employees, particularly women.
- This policy applies to all employees, including regular, temporary, contractual, and probationary employees, as well as any woman who visits the workplace in connection with work, and covers conduct at the workplace and any place visited in connection with work.
- The Organization shall constitute an Internal Complaints Committee (ICC) at each workplace in compliance with Section 4 of the Act, with a senior woman employee as the Presiding Officer and an external member from an NGO or a person familiar with issues relating to sexual harassment.

DEFINITION OF SEXUAL HARASSMENT
- Sexual harassment as defined under Section 2(n) of the Act includes unwelcome sexually determined behavior such as physical contact, demand or request for sexual favours, sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
- Sexual harassment may occur between any individuals regardless of gender or hierarchical position and may take the form of quid pro quo harassment or hostile work environment harassment.
- Examples include unwanted touching, sexual jokes or comments, display of sexually explicit material, stalking, cyberstalking, sexually suggestive gestures, and repeated unwelcome requests for dates or social engagements.

COMPLAINT FILING & ICC PROCEDURE
- An aggrieved woman may file a written complaint with the Internal Complaints Committee within three months of the date of the incident, or within three months of the last incident in case of a series of incidents, which period may be extended by the ICC for reasons recorded in writing.
- Upon receiving a complaint, the ICC shall, before initiating an inquiry, take steps to settle the matter through conciliation at the request of the aggrieved woman, provided that no monetary settlement shall be the basis of conciliation.
- The ICC shall complete its inquiry within 90 days, following the principles of natural justice, and shall submit its findings and recommendations to the employer within 10 days of completion of the inquiry.
- During the pendency of the inquiry, the ICC may recommend interim measures including transfer of the aggrieved woman or the respondent, grant of leave, or restraining the respondent from reporting on or supervising the aggrieved woman.

ACTION ON ICC FINDINGS
- Where the ICC finds that the allegation of sexual harassment is proved, it shall recommend disciplinary action against the respondent in accordance with the Organization's service rules, which may include written warning, withholding of promotion, termination, or any other action deemed appropriate.
- The Organization shall provide a copy of the ICC's findings to both the aggrieved woman and the respondent and shall inform both parties of their right to appeal to the court or tribunal within 90 days of the recommendation.
- The Organization shall file an annual report with the District Officer containing the number of complaints received and disposed of, the nature of action taken, and the time taken for disposal, in compliance with Section 21 of the Act.

PREVENTION & AWARENESS
- The Organization shall conduct mandatory POSH awareness workshops for all employees at least once a year, covering the provisions of the Act, the complaint process, ICC contact details, and the consequences of sexual harassment.
- The Organization shall take all reasonable steps to prevent sexual harassment, including providing a safe working environment, displaying policy information prominently, and treating sexual harassment as misconduct under its service rules.
- This policy shall be reviewed annually to ensure continued compliance with the Act and the Rules, and any amendments to the law shall be incorporated into the policy within 30 days of their notification.