Sexual Harassment: – “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Applicability: –The Prevention of Sexual Harassment (POSH) at workplace Act is applicable to every workplace, establishment, company or organization employing 10 or more employees (full time, part time, interns or consultants included) irrespective of its location or nature of industry.
Internal Complaints Committee: – Each organisation with more than 10 employees is required to form an Internal Complaints Committee headed by a “female presiding officer”.
The ICC will be composed of the following members in which at least one-half of the total Members so nominated shall be women:
| No | Member | Eligibility |
| 1. | Presiding Officer | Women employed at senior level amongst the employees; if not available then nominated from other office/units/ department/ workplace of the same employer |
| 2. | 2 Members (minimum) | From amongst employees preferably committed to the cause of women or having legal knowledge or experience in social work |
| 3. | Member | From amongst NGO/associations committed to the cause of women or a person familiar with the issue of Sexual Harassment |
Sexual Harassment at Workplace Policy: – Employers/District Officers are responsible for complying with prohibition, prevention and redress of workplace sexual harassment. In practice, this means having a policy that:
(1) prohibits unwelcome behaviour that constitutes workplace sexual harassment;
(2) champions prevention of workplace sexual harassment through orientation, awareness and sensitization sessions; and
(3) provides a detailed framework for redress.
Complaint of sexual harassment:- Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident. Extension of further three months can be granted. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir may make a complaint.
Annual Report:- The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer or the District Officer. The Report of ICC will be forwarded to the DO through the employer. The employer shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer.
Reporting in Board’s Report: – It is now compulsory for a Company to make a statement in the Director’s Report that it has complied with the provisions regarding the constitution of the Internal Complaints Committee (ICC).
