People & Leadership
The time to set up a complaints process is before anybody needs it
Many small businesses have never set up the Internal Committee the POSH Act requires, have no written policy, and have never thought about what they would do if a complaint arrived. When one does, the owner handles it personally, informally and often badly. This session explains, in general terms, what the Act asks of employers, how complaints are meant to be handled, and how to deal fairly with other workplace complaints. It is not legal advice; confirm your own obligations with a lawyer.
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A complaint handled badly becomes two problems.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, usually called the POSH Act, sets out duties for employers, including setting up an Internal Committee and dealing with complaints through a defined process. Many small employers either do not know about these duties or assume they apply only to large companies.
Beyond the law, how a business handles any complaint tells every employee whether it is safe to raise a problem. An owner who listens, follows a fair process, keeps things confidential and does not punish the person who complained builds trust. One who does the opposite usually loses good people, and may face legal consequences as well.
What the session covers
40 topics across 7 areas. Seven parts. General information only; confirm your obligations with a lawyer. 6 apply to almost any business; the rest only in a particular case.
Who and What the Act CoversWider than many owners assume.4
- It protects women against sexual harassment at the workplace
- 'Employee' includes regular, temporary and daily-wage workers, contract workers, trainees, apprentices, probationers and volunteers
- 'Workplace' includes places visited in the course of work, and transport the employer provides
- It applies to private businesses as well as government bodies
The Internal CommitteeRequired where there are ten or more employees.6
Where a business has offices or units at different places, the Act calls for a committee at each of them. Check how this applies to your business with a lawyer.
- Set up by a written order of the employer
- Presided over by a woman employed at a senior level
- At least two members from among the employees
- One external member from an NGO or association committed to the cause of women, or familiar with sexual harassment issues
- At least half the members must be women
- Members serve for up to three years
Businesses With Fewer Than Ten EmployeesThe Local Committee.4
- Each district has a Local Committee set up by the District Officer
- It receives complaints from establishments too small to have an Internal Committee
- It also receives complaints where the complaint is against the employer
- Small employers still have duties under the Act, including cooperating with the Local Committee
The Employer's DutiesBeyond setting up the committee.8
The Internal Committee also prepares an annual report each calendar year for the employer and the District Officer. Failing to set up the committee or to meet certain other duties can lead to a fine of up to fifty thousand rupees, with heavier consequences for repeat offences.
- Provide a safe working environment
- Display the consequences of sexual harassment and the order constituting the Internal Committee
- Formulate and share an internal policy, as the rules under the Act require
- Hold awareness workshops for employees and orientation for committee members
- Give the committee the facilities and information it needs
- Treat sexual harassment as misconduct under service rules
- Act on the committee's recommendations within sixty days
- Include the number of cases and their disposal in the organisation's annual report
How a Complaint Moves Under the ActThe broad stages and timelines.6
- A written complaint, normally within three months of the incident, which the committee may extend by up to three more months
- Conciliation, only if the woman asks for it, and never on the basis of a monetary settlement
- An inquiry, to be completed within ninety days
- Interim relief where needed, such as a transfer or leave
- The committee's report within ten days of completing the inquiry
- Confidentiality of the identities and details throughout
Other Workplace ComplaintsNot every complaint is a POSH matter, but all need a fair process.6
- A clear, written route for raising a grievance
- Listening fully before responding
- Writing down what was said and when
- Hearing the other side before deciding
- Keeping it confidential
- No retaliation against the person who complained
Common Mistakes Small Employers MakeIf it appliesEach one makes the situation worse.6
- No committee and no policy at all
- A committee that exists on paper, with no external member
- The owner investigating personally instead of the committee
- Pressing for an informal settlement
- Discussing the complaint with other staff
- Treating the person who complained differently afterwards
Questions to take to your lawyer
- Do we need our own Internal Committee, and at which locations?
- Is our committee correctly constituted?
- Does our policy meet the Act and the rules?
- What must our annual report contain, and when is it due?
- How do the new labour codes affect our other policies?
A basic readiness check
- A written policy that every employee has received
- A committee whose members everybody can name
- Notices displayed where people can see them
- Awareness sessions held, with a record kept
- A grievance route for complaints of every other kind
How the session runs
An HR practitioner experienced in workplace complaints explains the Act's requirements in plain language and walks through a made-up complaint from start to finish. Participants then check their own business against a readiness list and leave with questions for their lawyer. The session gives general information, not legal advice. It does not discuss real cases, and anybody with a live complaint should go to their Internal or Local Committee and take professional advice.
What your students leave with
- A general understanding of what the POSH Act requires of employers
- Whether their business needs its own Internal Committee, and how it is made up
- What a policy, awareness sessions and annual reporting involve
- The broad stages and timelines of a complaint under the Act
- A fair way to handle other kinds of workplace complaint
- A list of questions to take to a lawyer for their own business
Scheduled sessions
Nothing scheduled yet
Sessions are arranged with a college once a date is agreed. Ask us and we will find the right person for it.
A student rather than a college? See what is coming up, or ask your placement team to host this.
The time to set up a complaints process is before anybody needs it.
Tell us who your students are and what stage they are at. Sessions are free for participants.