The Ultimate PoSH Compliance Checklist for Every Business

A safe and respectful workplace is not just a legal requirement but an important step for ensuring employee well-being and the overall growth of the organisation. The Prevention of Sexual Harassment (PoSH) Act, 2013 asks the organisation to have policies and procedures in place to prevent sexual harassment and ensure that the working environment is considered safe for everyone.

In this blog, we will offer a comprehensive PoSH compliance checklist that is a practical guide to navigating the intricacies of the PoSH Act.

Organisations need to follow specific guidelines to create a safe and inclusive workplace and comply with the PoSH Act 2013; below is a comprehensive PoSH compliance checklist:

1. PoSH Policy

A well-defined PoSH policy is the foundation of compliance with the PoSH Act 2013. This policy should clearly describe sexual harassment, explain the mechanisms that should be used to report it and describe the disciplinary measures that should be meted out for violations.

The policy must be easy to access by employees, either on their work desks or digitally through intranet, or email.  The policy should be periodically reviewed and updated to meet evolving legal precedents and workplace demands.  Shockingly, 23% of organisations are not PoSH compliant, affecting their credibility and brand.

2. Formation of Internal Complaints Committee (ICC) / Internal Committee (IC)

Section 4 of the PoSH Act requires every organisation with 10 or more employees to have an Internal Complaints Committee (ICC) or Internal Committee (IC). The IC consists of a senior female employee as the Presiding Officer, two internal members, and one external expert with experience in handling workplace sexual harassment cases. 

The IC receives, inquires about, and resolves complaints concerning sexual harassment. The committee should be balanced in terms of gender and seniority to ensure trust and impartiality in grievance redressal.

3. Employee Awareness and Training Programs

Awareness and education among employees regarding a respect-and-safety-centric culture in the workplace is indispensable. Such a workplace calls for the need for sensitisation regarding sexual harassment and rights under the PoSH Act for employees. Under Section 19(c) of the Act, the PoSH training program of organisations should be undertaken regularly to sensitise employees with respect to sexual harassment, rights, and desired behaviour at the workplace.

These trainings can be in the form of Expert Instructor-led workshops or interactive e-learning solutions. Along with that, IC members should receive specialised training to handle complaints sensitively and within the stipulated time frame. There should be proper documentation of trainings conducted, including attendance records, completion certificates or MIS reports that show compliance during audits.

4. Complaint Handling Process

Ensure that your company has a well-defined, time-bound complaint-redressal procedure. The IC must operate based on the steps mentioned in the PoSH Act so that every complaint is disposed of expeditiously and judiciously. Add a comprehensive process for complaining, inquiring, and redressing complaints, keeping all stakeholders up-to-date with proper follow-ups.

5. Record-Keeping and Documentation

Keeping records is an important part of PoSH compliance. Organisations should document all PoSH-related activities, including policy updates, contact details of the IC Members, IC member nominations and their acceptance letters, complaint resolutions, details of PoSH training for employees and ICC members, and the medium of training; whether through e-learning or instructor-led training sessions, posters that highlight penal consequences of sexual harassment, and meeting minutes. These records should be stored to show during audits.

6. Internal Audits and Reviews

It is necessary to implement regular internal audits to assess your organisation’s compliance with the help of the PoSH compliance checklist. These reviews help identify gaps within your framework and ensure that correct actions are taken. These regular audits show an organisation’s commitment to a safe and inclusive workplace.

India’s Ministry of Women and Child Development has released a reference handbook on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for employers, members of the Internal Complaints Committees and individuals aggrieved by workplace sexual harassment.

Common PoSH Compliance Mistakes and How to Avoid Them

1. Failing to Update the PoSH Policy

One of the most common mistakes that businesses make is neglecting to update their PoSH policy according to legal or organisational changes. An outdated policy can lead to non-compliance. Ensure that regular reviews of your policy and changes are included according to updated statutory or workplace requirements. 

2. Lack of Consistent Training

Most businesses fail to conduct periodic PoSH training for employees, which can affect the framework’s effectiveness. Training is not a one-time activity instead, the company should practice training regularly or at least once annually for sensitising the employees. IC Members too, should be provided training that they are all competent to redress complaints in the most effective and time-bound manner.

3. Inadequate Documentation and Record-Keeping

Having proper documentation is also a significant area of compliance. Failure to report and resolve complaints and maintain a record of training conducted for employees/ ICC Members and ICC meetings results in legal penalties.

India’s Ministry of Women and Child Development has released a reference handbook on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for employers, members of the Internal Complaints Committees and individuals aggrieved by workplace sexual harassment.

Conclusion

Ensuring that your business is compliant with the PoSH Act creates a respectful, safe, and inclusive workspace for everyone. By implementing a comprehensive PoSH compliance process, your business can meet the required legal obligations and have a positive work environment.

However, adhering to these requirements without the right expertise can be challenging, and that is where Complykaro comes in. We specialise in helping businesses achieve 100% PoSH compliance. We create customised PoSH policies and provide expert PoSH training solutions for employees, Managers / HR Business Partners / Sr. Leadership, and ICC Members and ensuring thorough documentation, we have everything you need under one roof for full PoSH compliance. Contact us to make us your trusted partner to empower your employees and ensure compliance.