POSH Act: Key Definitions Every Employee and Employer Must Know Under Section 2 Of POSH Act?

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.

What Is The POSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, protects women from sexual harassment at the workplace. This law mandates that every employer must provide a safe, secure, and respectful environment for women employees.

When to Use the POSH Act?

1. Inappropriate Remarks at Work. If a woman employee faces lewd comments or jokes, the POSH Act allows her to file a complaint.
2. Unwanted Touching or Gestures. Any physical advances or offensive gestures qualify as sexual harassment under this law.
3. Repeated Requests for Dates. If a senior repeatedly asks a female colleague out, it falls under sexual harassment.
   Sexual Advances Over Email or Chat. The law also covers harassment through digital communication at the workplace.
4. During Official Travel. The POSH Act applies even when harassment occurs during work trips or at off-site locations.
5. By a Third Party. If a client or vendor harasses a woman employee, the company must act under the POSH Act.

What Does Section 2 of the POSH Act State?

Section 2 of POSH Act defines key terms like “aggrieved woman,” “employee,” “employer,” and “workplace” to ensure broad and clear coverage.

What Are The Definitions Under Section 2 Of POSH Act?

Key Definitions under the POSH Act
The POSH Act defines several crucial terms to ensure clarity in its application:

1. Aggrieved Woman: Any woman, of any age, whether employed or not, who alleges sexual harassment at a workplace. It also includes women employed in a household or dwelling place.
2. Appropriate Government: Refers to the Central or State Government depending on who funds or controls the workplace.
3. Chairperson: The nominated head of the Local Complaints Committee.
4. District Officer: An officer appointed under Section 5 of the Act.
5. Domestic Worker: A woman employed in household tasks, paid in cash or kind, directly or through an agency. Family members of the employer are not included.
6. Employee: Anyone working at a workplace, regularly, temporarily, daily, part-time, full-time, paid, unpaid, or on contract. This includes trainees, volunteers, co-workers, and apprentices.
7. Employer: The person managing and controlling the workplace. In government workplaces, it is the department head. In other sectors, it is the individual or body managing the operations or fulfilling employment contracts.
8. Internal Committee: A complaints committee formed within an organization under Section 4.
9. Local Committee: A committee set up by the government at the district level under Section 6.
10. Member: Any member of the Internal or Local Complaints Committee.
11. Presiding Officer: The head of the Internal Complaints Committee.
12. Respondent: The person against whom a complaint is filed under Section 9.
13. Sexual Harassment: Includes unwelcome acts like physical contact, sexual advances, requests for sexual favors, sexually colored remarks, showing pornography, or other verbal, non-verbal, or physical conduct of a sexual nature.
14. Workplace: Includes government or private offices, hospitals, sports facilities, NGOs, educational institutions, transport provided by employers, and even homes.
15. Unorganised Sector: Any small business or service with fewer than ten workers, usually self-owned or run by individual workers.

What Is An Internal Complaints Committee Under The POSH Act?

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Internal Committee (IC), formerly known as the Internal Complaints Committee (ICC), holds specific responsibilities to ensure a safe and respectful work environment.

Duties of the Internal Committee (IC) under the POSH Act:

1. Receiving Complaints: The IC accepts written complaints of sexual harassment from aggrieved women within three months of the incident. In certain circumstances, this period may be extended.
2. Conducting Inquiries: Upon receiving a complaint, the IC initiates an inquiry, adhering to the principles of natural justice and ensuring a fair process for all parties involved.
3. Summoning Witnesses and Evidence: The IC possesses powers equivalent to a civil court, enabling it to summon witnesses and call for documents pertinent to the investigation.
4. Recommending Interim Measures: To safeguard the complainant during the inquiry, the IC can suggest interim reliefs such as transferring either party or granting leave to the aggrieved woman.

Other Role

1. Maintaining Confidentiality: The IC ensures the confidentiality of the complaint, the identities of the complainant and respondent, and the details of the proceedings throughout the process.
2. Recommending Action: If the IC concludes that the complaint is substantiated, it recommends appropriate action against the respondent to the employer, which may include disciplinary measures.
3. Determining Compensation: The IC may suggest compensation for the aggrieved woman, considering factors like mental trauma, loss of career opportunities, and medical expenses.
4. Annual Reporting: The IC is required to prepare and submit an annual report to the employer and the District Officer, detailing the number of cases filed, their disposal, and any pending cases.
5. Organizing Awareness Programs: To promote understanding of the POSH Act, the IC conducts workshops and training sessions for employees and committee members.
6. Providing a Safe Complaint Mechanism: The IC ensures that the complaint process is accessible and that complainants and witnesses are protected from retaliation.;
7. Facilitating Conciliation: Before initiating an inquiry, the IC may facilitate conciliation between the parties, provided the complainant requests it and no monetary settlement is involved.
8. Forwarding Complaints to Police: If the act complained of constitutes an offense under the Indian Penal Code, the IC must forward the complaint to the police within seven days.

Conclusion

The POSH Act is vital to protect women’s rights at work. It empowers women to raise their voices and ensures that employers take responsibility for workplace safety. Every workplace must follow the POSH guidelines to create a harassment-free environment.