Today, employees and managers must know about safety and legal rights at work. Thanks to the Prevention of Sexual Harassment (PoSH) Act, 2013, no woman in India should have to face unwanted harassment at work. So, what is PoSH, what the law states and how can organizations comply with it? This guide provides helpful information on all these questions and more, along with the newest trends and effective methods in posh training, implementation and what a posh consultant does.
What is PoSH? The Legal Foundation
The Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to ensure women are protected against sexual harassment at work and to address any complaints about it. The Vishakha Guidelines issued by the Supreme Court in 1997 inspired the Act by classifying sexual harassment as an infringement under Article 15 and various international laws included in the Indian Constitution and CEDAW.
Definition of Sexual Harassment
The PoSH Act provides a clear and comprehensive definition of sexual harassment. It involves uninvited actions or manners (either openly or implied) including:
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- Physical moves and advances
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- A call or push for sex-related favors
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- Expressing things in a sexual manner
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- Showing pornography
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- Any act of a sexual nature that someone does not consent to
The Act also recognizes circumstances that may amount to sexual harassment, such as implied or explicit promises of preferential treatment, threats of detrimental treatment, or creating a hostile work environment.
Applicability and Scope
No matter if you work in a government agency, business, NGO, school or any other workplace, the PoSH Act protects you. Notably, the Act safeguards all women and can protect clients, customers or visitors who might face harassment in a workplace.
Key Provisions of the PoSH Act
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- Blocking and Stopping
It is the law for employers to take steps to prevent sexual harassment at work. This includes implementing a robust posh policy, conducting regular posh training for employees, and ensuring awareness at all organizational levels
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- Internal complaints committee (ICC)
All organizations with a workforce of 10 or more people must designate an Internal Committee (IC). It is the task of the ICC to handle, investigate and settle issues of sexual harassment. In cases where a business has just 10 or less employees, a Local Complaints Committee (LCC) at the district level is responsible.
The IC has the same tools as a civil court for obtaining evidence, calling witnesses and asking questions. A woman senior employee should be chosen as the chair and a minimum of two employees aware of women’s issues. One from an NGO or association with knowledge of sexual harassment must be part of the committee. To ensure the committee operates effectively and in compliance with legal standards, internal complaints committee training is essential for all members.
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- Complaint and Redressal Process
An aggrieved woman can lodge a complaint by herself or someone else may take that action for her. During this period, staff may not be transferred and the investigation should be done by the ICC/LCC within 90 days before they advise the employer to act within 60 days. The details are meant to prevent the identity of persons reporting or any witnesses from becoming known.
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- Safeguards and Victim Protection
Under the law, the complainant may expect their confidentiality, safety from unfair treatment and help from legal professionals. It also prescribes interim relief, such as transfer of the aggrieved woman or the respondent, leave for the aggrieved woman, and other measures to prevent further harassment during the inquiry.
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- Disciplinary Action and Compensation
If the complaint is considered valid by the ICC, actions taken against the person could go from a written apology to being fired, depending on the severity of the issue. The Act also allows for compensation to the victim, considering factors like mental trauma, loss of career opportunity, and medical expenses.
The Role of PoSH Training and Consultants
Why PoSH Training is Essential
PoSH training is the cornerstone of effective implementation and PoSH compliance. Every employee of the company, from the lowest-ranking to the highest, learns what is sexual harassment, how to reduce its risk and how to report it if needed. It’s important to offer regular posh training not just because it’s lawful, but because it improves the workplace culture.
Types of PoSH Training
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- Posh Awareness training Program – These programs begin with the key points of the PoSH Act, important words and ways to report.
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- Role-Specific Training – Tailored sessions for ICC members, managers, and HR professionals on handling complaints and conducting inquiries.
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- Refresher Courses – Reminders of updates in the law and repeat emphasis on safety policy in the workplace.
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- Online posh Training – Many teams now prefer digital modules and webinars for their online PoSH Training, since they are available for all, including those working remotely.
The Value of a PoSH Consultant
This high-level expert offers expert support for policy-writing, ICC foundation, training programs and auditing concerns. They provide guidance to organizations for tough cases, perform objective investigations and help ensure compliance with new laws. When HR resources are limited, a posh consultant helps ensure that your company follows all labor laws and handles risks effectively.
Beyond Compliance: Trends and Best Practices
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- Inclusion of DEI Initiatives
At present, many workplaces are joining posh training with larger-scale Diversity, Equity and Inclusion (DEI) programs. This way of thinking ensures that companies comply with regulations and also encourages respect, safety for all and fairness.
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- Technology in PoSH Training
Using AI in e-learning, interactive studies and digital compliance, businesses are changing the way they offer high-standard training for their staff. They allow learners to engage more in training, follow their progress and access it easily no matter where they are.
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- PoSH for Remote and Hybrid Teams
Organizations are now adjusting their posh policy and related training to work in remote or virtual settings. It is important to deal with online bullying, define ways people should interact online and confirm that all remote staff have the chance to complain.
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- Industry and Region-Specific Training
Customizing posh training for different industries (IT, manufacturing, healthcare) and delivering content in regional languages enhances relevance and effectiveness. Startups and SMEs benefit from scalable, affordable solutions tailored to their unique needs.
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- Measuring Effectiveness
Nowadays, organizations rely on surveys, tests for knowledge and reports on incidents to judge the success of posh training.