6 Months passed. Have you done POSH Compliances ??

6 Months of the year have been passed. During the Year, various POSH Compliances are to be done. We will review those in this article. For better understanding I have chosen Image format.
If you like this format please put a comment & your valuable suggestions are Welcomed. 😀

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POSH year end Compliances and Applicability of Act

Ramesh : “Good Morning ! Suraj ”

Suraj : “Very Good Morning Ramesh ,How was Diwali ? this Diwali was great after these covid issues”

Ramesh: “Yes , it was a different as I had spent time with my family as well as my Extended family of my workplace , we celebrated this Diwali with a unique way . We have organized training program for our Employees for spreading awareness about POSH.”

Suraj :  “What is POSH” ?

Ramesh: “POSH is an Act enacted by Government for Protection of women from sexual harassment at workplace. POSH means Prevention of Sexual Harassment. Where, the Responsibility of protection of Women at workplace is on employer. He has to complete various compliances under Act, like

  1. If you have 10 or more employees you have to form /constitute Internal Complaints Committee (ICC) under POSH
  2. Employer have to sensitize his employees by arranging awareness sessions, etc
  3. and now most important submission of Annual Report in January, so prior to that we have to comply under POSH, now it`s just few days for 31st Dec

Suraj: “is it applicable to me”?

Ramesh: “Yes, if you have more than 10 employees you have to have ICC, and if you do not comply there is provision of Penalty which may be up to 50000/- and if you continue to ignore it may cause cancellation / non-renewal of Business license”

Suraj : “Oh my God, I have 15,  I have to comply with then , please tell me whom to contact for all these” ?

Ramesh:  “Do not worry I will connect you with my consultant”

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POSH Applicable To

“That reminds me I have to leave now”
Shop owner Ramesh talking to his Friend Dinesh
” Now it’s just 6 months remaining for doing compliances under POSH  ( Prevention of Sexual Harassment at Workplace) , Training and Annual Reporting , I have to do preparation”
Dinesh : ” What is this POSH we have a small business , shop and small office we are not to bother like Companies for Annual Report na??
Ramesh : Friend if you have 10 or more employees they may be temporary, under contract or might be through contractor  You will have to comply under  POSH. If you do not do compliances under POSH there is fine of Rs. 50,000/-  or if you continue to neglect or do not comply your business license may get cancelled. So every year compliance is must”
” This Act is for protection of women’s at Workplace and owner is responsible for protection of women’s at Workplace”
Dinesh : ” Then no worries for me as do not have women employees”
Ramesh: “Dear friend if you do not have female employees even then also it is required as this Act protects female visitors at your workplace”
Dinesh : “ohh is that so , then I need to get more information about this Act and I will have to Comply , please tell me who will guide and help me? “
Ramesh : ” I know a Consultant for POSH we will meet them “
Dinesh : ” Thank you dear Friend”
Visits: 295

POSH , To whom this Act is Applicable?

Hello All,

In last blog we have seen a background of the Act Prevention of Sexual Harassment (POSH), To prevent sexual harassment at work place and if there is any kind of misbehavior and injustice with the woman , this act aims at prevention of such kind of incidents and to give justice to the aggrieved woman and to punish wrong doer there are provisions for all this in Act .

To whom this Act is Applicable?

Any department , office ,branch , Establishment , institute, unit, Undertaking partially or wholly managed by Government , local body , Government Company Private , Public Company ,trust, Society , corporation , NGO , place where Vocational , professional , educational , health , wealth related training conducted , industry providing Production , sales, marketing , and distribution services  so there Could  be any workplace of above kind and it also includes Hospitals ,nursing homes, sports institute ,stadium complex, any competition premises where there is facility of stay , training  for sports , transport service provided by employer , any place where the employee visits on behalf of his organization , any place where employee works even our own house is  also a work place for our maids as it is their workplace and they are also eligible to have protection under the Act .

In nutshell, any place where Employer, Employee relation exists the said place comes under purview under the Act as workplace. Even though there is no female employee this Act is applicable, there is a myth that if you do not have female employees you need not come under purview of Act.

The Act shoulders responsibility on Employer, he should be held responsible for protection of his female employees, she may or may not be his employee, so owner of every business, Government/ semi Government office bearers, authorities are responsible under this Act.

In next blog we will see some more important provisions of the Act.

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Prevention of Sexual Harassment Act Workplace ,2013 ( POSH )

Namaskar ,

Recently we celebrated Ganesh utsav and Gauri Pujan, But this year we felt missing Procession celebration.

During Gauri Pujan we done everything as per as per our religious requirement , I was thinking why we do Puja of goddess ?

our vedas also have a Sanskrit shloka ”  यत्र नार्यस्तू पुजन्ते रमंते तत्र देवता ” , which means where the women is well treated the place will be full of goddess blessings .Unfortunately we do not find such respect for Women in our society which actually they deserve.

We need to change our perception towards women. She is trying to develop, prove her own identity and for that she is working as employee or starting her own ventures , but she is still facing sexual harassment at workplace , so there is need to change the mentality of male co workers and male boss,.

Our Government has passed an Act against sexual harassment at workplace , which Prevents , Protects and gives Redressal system against sexual harassment of women at workplace.

What this law is all about we need to know, in fact not only woman but both men and women need to understand about this law and for that we need to understand the background of this Act enactment .

There is woman name ” Bhavri Devi ” in Rajasthan .She was on duty of some Government scheme for promotion of some scheme for females. She stopped one child marriage and in return to that some villagers and landlords from the village ill treated her sexually by doing gang rape , she lodged a complaint against them but the ruling went against her , then an NGO name ” VISHAKHA ” came for her help and filed a case in Hon. supreme court , where Hon. Supreme court has given Guidelines Called as  ” Vishakha Guidelines ” ( year 1997) and made it applicable to all the establishments Private ,Public ,Semi Government, Government and made the owner or authority there to be held responsible for following the Guidelines.

These Guidelines were  converted into or rather incorporated into an enactment , ‘The Sexual Harassment at workplace ( prevention , Prohibition and Redressal ) Act ,2013 ( POSH)‘ , So that any women can have justice against wrong done to her at workplace relating to sexual harassment and to prevent such wrong doing .

 

 

 

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