Internal Audit of POSH compliances

Applicability and Scope

As per the POSH Act, an ‘aggrieved woman’ in relation to a workplace, is a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment. 

Provide that the definition does not necessitate the woman to be an employee, even a customer/client who may be sexually harassed at a workplace can claim protection under the POSH Act.

The POSH Act is not a gender-neutral legislation and protects only women. Therefore, the safeguards under the POSH Act are not applicable to ‘men’ victims although employers may choose to extend the protection through their policy.

Complaints Committee

• Internal Committee

The POSH Act requires an employer to set up an ‘internal committee’ (“IC”) at each office or branch, of an organization employing 10 or more employees, to hear and redress grievances pertaining to sexual harassment. Failure to constitute the IC has led to imposition of a fine under the POSH Act which may amounting to Rs. 50,000.

• Constitution of the I.C

NOTE: –

• Not less than half of the IC Members shall be women
• The term of the IC Members shall not exceed 3 years
• A minimum of 3 Members of the IC including the Presiding Officer are to be present for conducting the inquiry.

Internal Auditor has to check the Employer’s Duties and Obligations

In addition to requiring an employer to set up an IC and ensure redressal of grievances of workplace harassment in a time bound manner, the Internal Auditor has to check whether the organization: 

• Is Promoting a gender sensitive workplace and removing the underlying factors that contribute towards creating a hostile working environment against women;
• provides a safe working environment;
• formulates and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace;
• displays conspicuously at the workplace, the penal consequences of indulging in acts that may constitute sexual harassment and the composition of the IC;
• declares the names and contact details of all members of the IC;
• organizes workshops and awareness programs at regular intervals for sensitizing employees on the issues and implications of workplace sexual harassment and organizing orientation programs for members of the IC;
• cause to initiate action, under the Indian Penal Code, 1860 (“IPC”) or any other law in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
• provides assistance to the aggrieved woman if she so chooses to file a complaint in relation to the offence under the IPC or any other law for the time being in force;
• treats sexual harassment as a misconduct under the service rules and initiate action for misconduct;
• prepares an annual report with details on the number of cases filed and their disposal and submit the same to the District Officer;
• monitors the timely submission of reports by the IC.