Handbook on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The Handbook on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a guidance resource issued by the Ministry of Women and Child Development, Government of India, in November 2015.
The Handbook has been developed to provide practical and accessible guidance on understanding and implementing the framework under the POSH Act, 2013. It is intended for employers, institutions, organisations, Internal Complaints Committees, Local Complaints Committees, employees and other stakeholders.
What does the Handbook cover?
The Handbook provides guidance on various aspects of workplace sexual harassment, including:
- The background and genesis of the POSH framework
- The Vishaka Guidelines and their significance
- The POSH Act, 2013
- Who is an aggrieved woman
- What constitutes a workplace
- What constitutes sexual harassment
- Key elements of workplace sexual harassment
- Examples and scenarios of conduct that may constitute sexual harassment
- Forms of workplace sexual harassment
- Prevention and prohibition of sexual harassment
- Role and responsibilities of District Officers
- Role and responsibilities of Internal and Local Complaints Committees
- Who can make a complaint and where
- What a complaint should contain
- The complaint and inquiry process
- Responsibilities of the parties and the Committee
- Training and skills required for Complaints Committee members
- Do's and Don'ts for Complaints Committees
- Key principles to be followed during an inquiry
- Monitoring and reporting requirements
- International frameworks and good practices relating to workplace sexual harassment.
A Practical Resource for POSH Implementation
The Handbook goes beyond reproducing the statutory provisions and provides explanatory material intended to help stakeholders understand the practical application of the POSH framework.
It discusses workplace sexual harassment in different contexts and provides examples and scenarios to help readers recognise inappropriate conduct and understand the importance of prevention, awareness and an effective redressal mechanism.
For Internal Committee members in particular, the Handbook provides guidance on the complaint process, inquiry-related responsibilities, and important principles that should be followed while dealing with complaints.
Who can use this Handbook?
This resource can be useful for:
Employers and Organisations
To understand their responsibilities in preventing and addressing sexual harassment at the workplace.
HR and Compliance Professionals
As a reference while developing and implementing POSH compliance mechanisms.
Internal Committee Members
For understanding the complaint and inquiry framework and their responsibilities.
Employees and Workers
To understand workplace sexual harassment and the redressal mechanism available under the law.
Legal and Compliance Professionals
As a reference resource while advising organisations on POSH-related matters.