Does the POSH Act apply to a private limited company in India?
Are you running a private business and have misconceptions about the POSH ACT? It could affect your fortunes. Workers prefer safe workplaces. As talented, qualified, and skilled women enter the workforce, it is important to protect them during the day and night. In the financial capital that never sleeps, avoid legal risks and damages by knowing the latest about this compliance. The POSH Act guidelines for private sector in Mumbai is a reality.
If you run a private limited company, knowing the risks of not meeting the POSH guidelines. Employee Crossings offers valued information on POSH Act requirements for corporate offices where women work. We conduct workshops across cities in the private sector.
If you are yet to implement this vital element, be aware of the consequences and check our informative guide to make changes.
Overview
Indian companies have been waking up to the urgent need to address toxic workplace cultures, particularly those involving sexual harassment. The implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act, has been a primary trigger for this shift.
This landmark legislation raises awareness and compels organisations to take proactive measures for implementation.
Compliance with the POSH Act is a legal obligation and a moral responsibility for private limited companies.
Protection in India
The POSH Act was enacted to protect women from sexual harassment at their workplaces and to provide a mechanism for redressal. It applies to all workplaces, including private limited companies, regardless of size or industry. The law mandates formation of an Internal Complaints Committee (ICC) at every organisation with 10 or more employees. It is responsible for receiving and addressing complaints of sexual harassment in a fair and timely manner.
It covers unwelcome physical contact, sexual advances, requests for sexual favours, sexually coloured remarks, or any other verbal or non-verbal conduct of a sexual nature. It applies to all women employees:
- Full-time
- Part-time
- Interns
- Contract workers
- Consultants
- Apprentices
- Trainees
- Temporary staff
Implementation in Private Limited Companies in Mumbai
Many companies are turning to specialised POSH implementation firms to ensure compliance. Employee Crossings aids with POSH training for private organisations. We also conduct training programs and workshops.
It educates employees about:
- What constitutes sexual harassment
- How to report it within the organisation
- Consequences of such behaviour
- Maintaining a respectful workplace culture
- Gender sensitivity
POSH consultants
Outsourcing these responsibilities is a practical approach for private firms. As a reputed POSH implementation company in Mumbai our team:
- Has the expertise and experience
- Handles sensitive issues professionally
- Can conduct comprehensive training programs
- Engaging stakeholders
- Offers tailored options for the organisation’s specific needs
- Maintaining proper documentation for legal compliance and audits
- Establishment of an Internal Complaints Committee (ICC)
Why POSH Training is Crucial for Private Organizations
This is a legal requirement towards building a healthy workplace culture. By educating employees about their rights and responsibilities, companies can prevent incidents of harassment. Training will help identify and induct those who align with the organisation’s values. They are less likely to engage in or tolerate inappropriate behaviour.
Ignoring complaints or failing to comply with the POSH Act leads to severe penalties, including fines and damage to the company’s reputation.
Key Takeaways for HR Teams
To ensure compliance with the POSH Act, HR teams should focus on:
- Proactive Compliance: Regularly update policies and conduct training sessions.
- Confidentiality: Ensure that all complaints and investigations are handled discreetly.
- Legal Considerations: Stay informed about legal requirements and penalties for non-compliance.
- Gender Sensitivity: Promote a culture of respect and inclusivity through awareness programs.
The POSH Act currently only allows women to file complaints. Men who face harassment must seek redressal under other legal provisions.
As a POSH implementation company in Mumbai, you can avail of Employee Crossings guidelines. Get in touch with us to make your private company a safer place to work.