POSH Compliance Mistakes Companies Make: An Overview:
POSH compliance mistakes commonly occur when companies treat compliance as a one-time exercise instead of an ongoing responsibility. POSH compliance in India requires companies to address the Internal Committee, employee awareness and training, complaint handling, confidentiality, documentation, and applicable reporting requirements. Regular compliance reviews can help identify and address these gaps in a timely manner.
Treating POSH Compliance as a One-Time Exercise:
Treating POSH compliance as a one-time exercise is a common mistake because companies have ongoing responsibilities relating to policies, training, Internal Committee functioning, records, and reporting. Treating POSH compliance as a one-time task may create outdated practices, awareness gaps, and procedural shortcomings.
Forming an Internal Committee Without Meeting Legal Requirements:
Forming an Internal Committee without meeting the legal requirements can create POSH compliance gaps and affect the proper handling of complaints. Under Section 4 of the POSH Act, 2013, an employer is required to constitute an Internal Committee where the statutory requirements apply. It should include a woman Presiding Officer, employee members with relevant experience or knowledge, and an external member familiar with issues relating to sexual harassment. Failing to meet these requirements can create procedural and compliance gaps.
Appointing Internal Committee Members Without Proper Training:
Appointing Internal Committee members without providing appropriate training can lead to procedural errors and difficulties in handling complaints. Proper training helps members follow appropriate complaint-handling and enquiry procedures, maintain confidentiality, and provide a fair process to the parties involved. Without adequate training, procedural errors or inconsistent handling of complaints create compliance concerns for the organizations.
Providing POSH Training Only to New Employees:
Providing POSH training only to new employees can leave existing employees, managers, and Internal Committee members without adequate awareness of their relevant responsibilities. Regular awareness sessions help understand acceptable workplace conduct, reporting mechanisms, and their responsibilities. Managers and Internal Committee members should also receive relevant training to understand their roles, complaint handling and enquiry procedures. Ongoing training supports consistent POSH compliance.
Having a POSH Policy but Not Communicating It to Employees:
Having a POSH Policy without communicating it to employees can create awareness gaps and make it difficult for employees to understand the applicable reporting mechanism. Companies should clearly communicate the policy, reporting mechanism and applicable rights and responsibilities. Employees should know where and how to raise concerns. Regular communication and awareness initiatives can help ensure the policy is understood and accessible.
Ignoring the Workplace Definition Under POSH:
Ignoring the wider workplace definition under the POSH Act can result in companies overlooking certain work-related locations and activities covered by the applicable framework. Section 2(o) of the POSH Act, 2013 defines the term "workplace" and covers certain work-related locations and activities beyond the organization’s regular office premises. The definition can extend beyond the organization's regular office premises to certain work-related locations and activities, depending on the circumstances. This may include client premises, business travel, meetings, events and other locations connected with employment.
Mishandling or Delaying Sexual Harassment Complaints:
Mishandling or delaying sexual harassment complaints can create procedural and compliance concerns for the organization. Section 9 of the POSH Act, 2013 provides for the filing of a complaint of sexual harassment, while Section 11 deals with the inquiry into a complaint. Companies should provide an appropriate mechanism for receiving complaints and ensure that the Internal Committee follows the applicable statutory procedure and timelines for inquiry and resolution.
Breaching Confidentiality During an Enquiry:
Breaching confidentiality during a POSH enquiry can compromise the proceedings and create additional compliance concerns for the organization. POSH confidentiality is important because Section 16 restricts the publication or communication of specified information relating to proceedings under the Act. Confidentiality applies to complaint details, identities of parties and witnesses, proceedings, and recommendations. Unauthorized disclosure can compromise the enquiry process and create additional compliance concerns for organizations.
Failing to Maintain POSH Records and Annual Compliance:
Failing to maintain POSH records and address applicable annual reporting requirements can create gaps in the company’s compliance framework. Section 21 of the POSH Act, 2013 addresses the annual report of the Internal Committee and the information to be included in such reporting. The Internal Committee's annual report should contain the information prescribed under the applicable framework, including details relating to complaints, disposal, pending cases, awareness programs and action taken.
Assuming POSH Compliance Ends After the Internal Committee Is Formed:
POSH compliance does not end after the Internal Committee is formed because employers have continuing responsibilities under the applicable framework. Section 19 of the POSH Act, 2013 sets out the duties of the employer, which extend beyond merely constituting an Internal Committee. Companies should maintain an appropriate policy, conduct awareness and training programs, provide a proper complaint mechanism, maintain relevant documentation, meet reporting requirements, and periodically review POSH compliance.
POSH Compliance Checklist for Companies:
The following POSH Act compliance checklist can help companies review key areas of their POSH framework and identify potential compliance gaps:
| POSH Compliance Area | What Companies Should Check |
|---|---|
| POSH Policy | Is the POSH policy current, accessible, and communicated to employees? |
| Internal Committee | Is the Internal Committee properly constituted with the required members? |
| IC Training | Have Internal Committee members received appropriate training? |
| Employee Awareness | Are employee regularly informed about POSH, workplace conduct and reporting mechanisms? |
| Complaint Mechanism | Is there a clear and accessible process for submitting complaints? |
| Complaint Handling | Are complaints handled according to the applicable procedure and within prescribed timelines? |
| Confidentiality | Are the identities and details relating to complaints and inquiries kept confidential? |
| Annual Compliance | Are applicable annual reports and reporting requirements addressed? |
| Periodic Review | Does the company periodically review its POSH policy, training, IC and compliance practices? |
Why Regular POSH Compliance Review Matters?
Regular POSH Compliance review helps companies identify gaps in their policies, procedures, documentation, and workplace practices before they become significant compliance concerns. A periodic review can help companies:
- Review and update the POSH policy and related procedures.
- Verify that the Internal Committee remains properly constituted and understand its responsibilities.
- Check employee awareness and training programs.
- Review complaint-handling procedures, confidentiality practices and applicable timelines.
- Maintain relevant records and address applicable annual reporting requirements.
- Conduct periodic compliance reviews instead of waiting for a complaint or compliance concern.
Legal Framework for POSH Compliance:
POSH Compliance in India is governed primarily by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, read with the Rules, 2013. Relevant provisions discussed in this article include Section 4 on the Internal Committee, Section 9 on complaints, Section 11 on inquiry, Section 16 on confidentiality, Section 19 on employer duties and Section 21 on annual reporting. Companies should review the applicable provisions of the Act and Rules when assessing their POSH compliance framework.
Conclusion:
POSH compliance is an ongoing responsibility that requires companies to regularly review their policies, Internal Committee functioning, employee training, complaint-handling procedures, confidentiality practices, documentation, and applicable reporting requirements. Addressing common POSH compliance mistakes through periodic reviews can help companies identify gaps and maintain an effective POSH compliance framework.