The Key Compliances under POSH Act ensure the protection of women against sexual harassment at the workplace and assure redressal of complaints of sexual harassment and for matters connected with sexual harassment. Various sections of the Act require the employer to meet certain conditions to ensure the protection of the women against sexual harassment at the respective workplace. Whether a government employer or a private employer, every employer must comply with these conditions. If the key compliances under the POSH Act are not met, then the district officer appointed under the Act can take penal actions against the employer.

Section 19 of the POST Act, 2013 exclusively deals with the employer’s duties wherein every employer is required to do the following actions to ensure a safe working environment at the workplace

1. What are the Key Compliances under POSH Act, 2013?

1.1     Setup the Internal Committee

Section 4 of the POSH Act requires the employer to set up an internal complaint committee responsible for receiving the complaint, conducting an inquiry on receipt of the complaint and making recommendations to the employer based on findings of the inquiry. Further, if the employer has multiple branches, the internal committee must be there in each branch to ensure compliance with the POSH Act, 2013.

1.2     Display Formation of Internal Complaint Committee

The employer is required to display at any conspicuous place in the workplace the penal consequences of sexual harassment and the order constituting the Internal Committee at the workplace. In addition, the order must disclose the presiding officer of the internal committee, member of the internal committee and external member of the committee under sub-section (1) of section 4.

1.3     Workshops and Awareness programmes

Every employer must organize workshops and awareness programmes at regular intervals for sensitizing the employees with the requirements of the POSH Act and orientation programmes for the members of the Internal Committee.

1.4     Facilities for the Members of the Internal Committee

The internal committee should not be formed merely for the sake of requirement. It should be a functional Internal Committee. Thus, the employer should provide complete facilities to the internal committee members for dealing with the complaint and conducting an inquiry. In case the members require specific information regarding the complaint, complainant or respondent during the inquiry, the employer must assist the members in providing the information to the members.

1.5     Secure presence of the complainant and respondent

Once the internal committee receives the complaint, the employer has to secure the complainant’s attendance and the respondent as and when required by the committee members.

1.6     Complaint to the Police Station

Suppose the complaint raises serious allegations against the respondent, and the members view that it is incumbent to file the complaint against the respondent. In that case, the employer must assist the woman in filing the complaint concerning the Offence with the nearest police station. 

1.7     Annual Report Submission with the District Officer

Similarly, section 21 of the POSH Act requires the Internal Committee to submit an annual report disclosing:

• the number of complaints received in the year;
• number of complaints disposed off in the year;
• number of issues pending for more than ninety days;
• number of workshops or awareness programmes against sexual harassment carried out; and
• nature of action taken by the employer on the complaints.

2 Penalty

2.1     What is the penalty on the employer for not adhering to compliances under POSH Act, 2013?

Section 26 of the POSH Act 2013 focuses on the penal actions on the employer if the employer fails to comply with specific mandatory duties. The employer may be fined up to the extent of INR 50,000 (fifty thousand rupees only) for the first instance of the violation of the provisions of the Act or rules made thereof.

2.1.1     Non-Constitution of the Internal Complaint Committee

As indicated above, it is incumbent upon the employer who has more than ten employees at its workplace to constitute an internal complaint committee. If the employer fails to set up the internal complaint committee at each workplace, then the employer can be penalized under section 26 of the POSH Act, 2013.

2.1.2     Inaction on the recommendation of the Internal Committee

In another example, as per section 13 of the POSH Act, the employer is required to act on the recommendation of the internal committee within 60 days from the date of receipt of the recommendation. If the employer fails to take an action on the recommendation of the internal committee, the employer may face the penalty under section 26 of the POSH Act, 2013.

2.1.3     Action against Malicious Complaint and False Evidence

Section 14 of the POSH Act, 2013 depicts that the employer must take action against the malicious complaint filed by the woman as per the service rules (if the rules exist) when the internal committee recommends for the action by arriving at a conclusion that:

• the allegation against the respondent is malicious or
• the aggrieved woman has filed forged or misleading documents to substantiate her claims in the complaint.

Similarly, the employer must take action against the witness when the internal complaint committee recommends the action upon concluding that the witness has given false evidence or produced any forged or misleading document during the inquiry proceedings. The witness can be the complainant’ witness or the respondent’s witness.

2.1.4     Annual Report

As per section 22 of the Posh Act, 2013, the employer must include in its annual report the number of cases filed, if any, and their disposal under this Act in the annual report and report the such number of cases to the District Officer. If the employer fails to include the required information in the annual report or fails to report the cases to the district officer, the employer can be penalized under section 26 of the Posh Act, 2013.

2.1.5     Violation of other provisions

Section 26 of the POSH Act, 2013 also includes clause 1 (c), stating that the employer can be penalized if the employer contravenes or attempts to contravene or abets the contravention of other provisions of this Act or any rules made thereunder.

2.2     Can the business licence be revoked for non-compliance with the POSH Act, 2013?

If the employer has been previously convicted of an offence punishable under this Act and subsequently commits and is convicted of the same Offence, then the employer shall be liable to:

• twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same Offence and

• cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.

2.3     What is the nature of the Offence under the POSH Act, 2013?

Every Offence under the POSH Act, 2013 shall be a non-cognizable Offence.

2.4     Which court can take cognizance of the Offence under the POSH Act, 2013?

No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. Also, the court can take cognizance of the Offence only upon the complaint made by the aggrieved woman or any person authorized by the Internal Committee or Local Committee in this behalf.