EMPLOYER CHECKLIST TO COMPALINCE ON POSH ACT 2013.

Mandate

Formation of Internal Complaints Committee ( available in Chapter III and X of the Act)

A policy with clearly defined Scope, applicability, Definitions of important elements under the purview, Committee Member details, Process of handling complaints, Disciplinary procedures etc

Organise workshops and awareness programmes at regular intervals for the entire organisation (100% coverage of all employees) to sensitize employees on provisions of the Act. and the companies policy on this matter.

Take immediate action on the recommendations made by the Internal Complaints Committee (Section 12, 13 and 14) if the alleged harasser is found guilty or in case of malicious complaint.

Maintain strict confidentiality while dealing with complaints on Sexual Harassment (Section 16, 17 and Rule 12)

Timely submission of Annual Reports by the Internal Complaints Committee as required by the act.

Incorporate necessary and relevant changes as and when there are changes made in the provisions of the Act related to “Prevention and Prohibition of Sexual Harassment of Women at Workplace”

Initiate action if the aggrieved woman desires, against the alleged perpetrator even if he or she is not the employee of the workplace where the sexual harassment has taken place

Ensure there is penalty for publication or making known contents of complaint and enquiry proceedings.

Declare openly your stand and commitment to create a safe working environment.

Display at conspicuous place in the workplace, the penal consequences of sexual harassment and committee member details.

Conduct a separate session for managers and leadership level employees on the consequences of sexual harassment and their obligation to maintain zero tolerance.

Ensure the workplace is well lit and work space is comfortable for people to move around.

Include the clause related to Sexual harassment at workplace in the offer letters.

The sexual harassment prevention policy should be included in the employee handbook and should be emailed to every employee.

Train your employees on preventive measures and to report sexual harassment.

Treat Sexual Harassment as a misconduct under the service rules and initiate actions for such misconduct

Ensure internal complaints committee is well trained to handle cases effectively.

Provide necessary facilities to the Internal Complaints Committee for dealing with the complaints and conducting the enquiry

Provide conference rooms for meetings, hearings and deliberations.

Allow time off from regular work responsibilities, timely arrangements for travel for meetings etc for the Internal Complaints Committee members while handling the complaints related to Sexual Harassment at workplace.

Provide medical practitioners and counsellors as required or recommended by the Internal Complaints Committee etc.

As obligation of confidentiality about the case, employer must also ensure strict adherence to IT Act and Rules since most of the companies store data in electronic form.

Provide assistance to woman if she chooses to register a complaint with the police.

Perform audits to ensure that Internal Complaints Committee is performing its duties and employees are aware of their responsibilities towards creating a safe working environment.