Duties of Employers Under Section 19 Of POSH Act: Are You Compliant?

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

Employers play a crucial role in fostering a safe and respectful workplace. The Prevention of Sexual Harassment (PoSH) Act is a key legal framework that mandates employers to prevent and address sexual harassment at work. Understanding the PoSH Act is essential for employers to comply with the law, create a safe environment, and protect both employees and the organization. By implementing section 19 of PoSH Act effectively, employers can enhance employee well-being, reduce risks, and ensure smooth operations.

What Is Section 19 Of POSH Act?

Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) outlines mandatory duties for all employers. The goal is to ensure a safe and harassment-free workplace. Non-compliance can lead to fines and cancellation of business licenses.

What Are The Employer’s Responsibilities Under Section 19 Of POSH Act?

1. Employers must ensure a safe workplace environment. This includes safety from individuals who may come into contact with employees.
2. Employers must display the penal consequences of sexual harassment. They should also display the order that constitutes the Internal Committee under section 4(1).
3. Employers must regularly organize workshops and awareness programs. These programs should inform employees about the POSH Act and train Internal Committee members as required.
4. Employers must provide necessary facilities for the Internal or Local Committees. This helps them deal with complaints and conduct inquiries effectively.
5. Employers must assist in securing the attendance of the respondent and witnesses. They must also provide necessary information to the Internal or Local Committee as needed.
6. Employers must assist a woman in filing a complaint related to sexual harassment under the Indian Penal Code or any relevant law.
7. Employers must initiate action under the BNS or other laws if the perpetrator is not an employee but the incident took place at the workplace.
   Sexual harassment should be treated as misconduct under the service rules.
8. Employers must take appropriate action for such misconduct.
   Employers must ensure timely submission of reports by the Internal Committee.

What Are The Penalties for Non-Compliance?

Fine: ₹50,000 for a first offence.

Repeat Violations: Penalties double. Authorities may cancel or deny renewal of business licenses.

What Are The Common POSH Compliance Challenges?

1. Lack of Training. HR teams and ICC members often lack training. Employees may not know how the reporting process works.
2. Poor Documentation. Committees may not maintain proper records. Missing data leads to incomplete or non-compliant reports.
3. Unclear Submission Process. States may not offer clear instructions. Organizations often submit reports late or to the wrong authority.
4. Last-Minute Compliance. Many companies act only during audits. This leads to rushed, low-quality reports.
5. Improper ICC Setup. Some fail to follow legal guidelines when forming the ICC. They may appoint unqualified external members.
6. Generic POSH Policies. Many use copied templates not tailored to their workplace. Poorly documented training sessions weaken compliance.
7. Confusion Over “Nil” Reports. A “nil” report is still mandatory if there are no complaints. Many are unaware and skip filing.
8. Data Security Issues. Concerns about confidentiality delay online submissions. Some avoid email due to privacy risks.

Recent Case on Section 19 of the PoSH Act: Orissa High Court’s Directive

In November 2024, the Orissa High Court issued a significant directive concerning Section 19(b) of the PoSH Act. The case, initiated through a Public Interest Litigation (PIL) by social activist Biyat Pragya Tripathy, addressed the non-compliance of both central and state authorities with the provisions of the PoSH Act.

The court emphasized the mandatory requirement for employers to:

1. Display Penal Consequences: Clearly exhibit the legal repercussions of sexual harassment in a conspicuous location within the workplace.
2. Constitute Internal Committee: Ensure the establishment of an Internal Complaints Committee (ICC) as mandated under Section 4(1) of the PoSH Act.
3. The court granted authorities a final opportunity to comply with these provisions, setting a deadline for implementation

Conclusion

In conclusion, employers must be well-versed in the PoSH Act to maintain an effective and compliant workplace. The Act not only safeguards employees from harassment but also helps in building trust, promoting respect, and fostering a positive organizational culture. By adhering to the guidelines set forth in the PoSH Act, employers can protect their workforce and ensure a productive, harassment-free work environment.