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POSH Policy: Concept, Benefits and Disadvantages of not having a POSH Policy

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The total world population comprises both men and women population but still, women have to face various kinds of difficulties and issues only because of their gender. Women face discrimination in several places, and they are treated unequally without any reason by our male-dominated society. Sexual exploitation of women in the workplace is also a kind of gender-based violence that comes under gender discrimination. Sexual harassment not only violates women’s self-esteem or dignity, but it violates their constitutional and human rights as well. Various enactments talk about and protect the rights of women internationally as well. In India, we have the Sexual Harassment of Women at Work Place (Prevention, Prohibition, and Redressal) Act, 2013, which is commonly known as the POSH Act.

 

Definition and Concept

To ensure that an objective is completed and that workers enjoy their time at work, it is crucial that everyone feels secure and at ease in the workplace. It is crucial to make sure that any woman who comes to the workplace expecting to be in a safe environment does not suffer harm again, given the countless instances of women experiencing harassment by employees or customers. The Indian government adopted this regulation to protect women in the workplace by preventing, restricting, and eradicating sexual harassment of female employees in all workplaces. 

According to the POSH Act, there are various duties of an employer, and the employers have to perform all of them according to the POSH Act. Some of the general duties of the employer are to provide a safe working environment to all the women employees and take strict action according to the POSH Act on any complaint of sexual harassment.
Sexual harassment is still a taboo in our culture, and it may lead to a toxic and chaotic work atmosphere. The sexual humiliation or abuse of an individual by another individual is referred to as a sexual harassment activity. One definition of sexual harassment at work is “systematic violence against any gender.” Unfortunately, such strange practices are favoured in our nation, where equality between men and women is the norm.

The POSH Act defines sexual harassment as any one or more of the unwanted acts or behaviours (whether committed directly or impliedly) towards women as follows:

  • Physical contact and advances; or
  • A demand or request for sexual favours; or
  • Making sexually coloured remarks; or
  • Showing pornography; or
  • Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

If any of the following situations arises, is present in connection with, or is related to any of the sexual harassment acts or behaviours mentioned above, it would also qualify as sexual harassment: 

  • A promise of favourable treatment in her job, whether implicit or explicit; or
  • A warning that she would face unfavourable treatment at work; or
  • A danger to her current or potential job, whether implicit or explicit;
  • Interfering with her work or making her work environment frightening, insulting, or hostile; or
  • Treatment that is degrading and might endanger her health or safety.

Benefits of having a POSH Policy

Although sexual harassment has become a significant issue, women frequently choose not to disclose such incidents to the appropriate authorities out of concern for their financial security and social position. It is becoming more widely accepted that sexual harassment is a form of violence against women and a violation of their legal rights in the workplace. 

  • The company’s POSH policy will enable them to provide a secure and encouraging workplace that upholds women’s entitlement to equal opportunity and status at work. 
  • The effective implementation of this policy will ensure more and more representation of women in industries that will reduce gender disparity in society. 
  • The industries will see a rapid increase in women employee participation and growth when they will feel secure at their workplace. 
  • If any organization has enacted a POSH policy on the premises, then the women employees of that office will feel secure in working there, and they will know their rights and what actions they can take if any kind of harassment takes place.
  • This policy also mandates POSH training for the employees. Because of the recent rise in harassment of women claims, businesses of every type have been interested in POSH training. 
  • Any company or employer must take sexual harassment of women seriously since it is against the law. By holding POSH training, you can ensure that all of your workers work in an environment that fosters equality and stronger interpersonal relationships. 
  • Employees that get POSH awareness training are more educated, assure compliance, and have fewer occurrences. 
  • Additionally, through fostering work ethics, men and women working together create a healthy and happy workplace. Because they feel safer, employees often discuss, cooperate, and share ideas. 
  • People are more satisfied with their jobs, which aids in keeping employees. All of this results in a workflow for the team that is highly productive. 
  • It also helps the organization retain a big chunk of their employees, as they feel safe at the workplace. 

Disadvantages of not having a POSH Policy

There are various disadvantages for the organization if they do not implement a POSH policy in their organization.

  • According to the act, if an organization does not set up its POSH policy, then the government can impose a fine of INR 50,000 on them.
  • If the organization commits the offence again or does not follow the rules, then the government can double the fine or even can suspend the license. 
  • The organization has to face serious issues; if any women employee reaches court in the matter of sexual harassment at their workplace and the court finds that the organization does not have a defined POSH policy, then the court can levy exemplary fines and imposition on that organization. 
  • The reputation can suffer, and it can potentially damage the business’s brand and foster a hostile work environment if their non-compliance with the POSH policy comes out in the air.

Conclusion

Companies in India take POSH seriously and employ a variety of steps to stop sexual harassment at work. To ensure that every employee in India feels secure and valued at work, there is still a long way to go. The prevention and treatment of sexual harassment must be a priority for all organisations, and it is crucial that staff members report any instances of harassment they may encounter. 
 

Last Updated :
04 May, 2023

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The total world population comprises both men and women population but still, women have to face various kinds of difficulties and issues only because of their gender. Women face discrimination in several places, and they are treated unequally without any reason by our male-dominated society. Sexual exploitation of women in the workplace is also a kind of gender-based violence that comes under gender discrimination. Sexual harassment not only violates women’s self-esteem or dignity, but it violates their constitutional and human rights as well. Various enactments talk about and protect the rights of women internationally as well. In India, we have the Sexual Harassment of Women at Work Place (Prevention, Prohibition, and Redressal) Act, 2013, which is commonly known as the POSH Act.

POSH

 

Definition and Concept

To ensure that an objective is completed and that workers enjoy their time at work, it is crucial that everyone feels secure and at ease in the workplace. It is crucial to make sure that any woman who comes to the workplace expecting to be in a safe environment does not suffer harm again, given the countless instances of women experiencing harassment by employees or customers. The Indian government adopted this regulation to protect women in the workplace by preventing, restricting, and eradicating sexual harassment of female employees in all workplaces. 

According to the POSH Act, there are various duties of an employer, and the employers have to perform all of them according to the POSH Act. Some of the general duties of the employer are to provide a safe working environment to all the women employees and take strict action according to the POSH Act on any complaint of sexual harassment.
Sexual harassment is still a taboo in our culture, and it may lead to a toxic and chaotic work atmosphere. The sexual humiliation or abuse of an individual by another individual is referred to as a sexual harassment activity. One definition of sexual harassment at work is “systematic violence against any gender.” Unfortunately, such strange practices are favoured in our nation, where equality between men and women is the norm.

The POSH Act defines sexual harassment as any one or more of the unwanted acts or behaviours (whether committed directly or impliedly) towards women as follows:

  • Physical contact and advances; or
  • A demand or request for sexual favours; or
  • Making sexually coloured remarks; or
  • Showing pornography; or
  • Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

If any of the following situations arises, is present in connection with, or is related to any of the sexual harassment acts or behaviours mentioned above, it would also qualify as sexual harassment: 

  • A promise of favourable treatment in her job, whether implicit or explicit; or
  • A warning that she would face unfavourable treatment at work; or
  • A danger to her current or potential job, whether implicit or explicit;
  • Interfering with her work or making her work environment frightening, insulting, or hostile; or
  • Treatment that is degrading and might endanger her health or safety.

Benefits of having a POSH Policy

Although sexual harassment has become a significant issue, women frequently choose not to disclose such incidents to the appropriate authorities out of concern for their financial security and social position. It is becoming more widely accepted that sexual harassment is a form of violence against women and a violation of their legal rights in the workplace. 

  • The company’s POSH policy will enable them to provide a secure and encouraging workplace that upholds women’s entitlement to equal opportunity and status at work. 
  • The effective implementation of this policy will ensure more and more representation of women in industries that will reduce gender disparity in society. 
  • The industries will see a rapid increase in women employee participation and growth when they will feel secure at their workplace. 
  • If any organization has enacted a POSH policy on the premises, then the women employees of that office will feel secure in working there, and they will know their rights and what actions they can take if any kind of harassment takes place.
  • This policy also mandates POSH training for the employees. Because of the recent rise in harassment of women claims, businesses of every type have been interested in POSH training. 
  • Any company or employer must take sexual harassment of women seriously since it is against the law. By holding POSH training, you can ensure that all of your workers work in an environment that fosters equality and stronger interpersonal relationships. 
  • Employees that get POSH awareness training are more educated, assure compliance, and have fewer occurrences. 
  • Additionally, through fostering work ethics, men and women working together create a healthy and happy workplace. Because they feel safer, employees often discuss, cooperate, and share ideas. 
  • People are more satisfied with their jobs, which aids in keeping employees. All of this results in a workflow for the team that is highly productive. 
  • It also helps the organization retain a big chunk of their employees, as they feel safe at the workplace. 

Disadvantages of not having a POSH Policy

There are various disadvantages for the organization if they do not implement a POSH policy in their organization.

  • According to the act, if an organization does not set up its POSH policy, then the government can impose a fine of INR 50,000 on them.
  • If the organization commits the offence again or does not follow the rules, then the government can double the fine or even can suspend the license. 
  • The organization has to face serious issues; if any women employee reaches court in the matter of sexual harassment at their workplace and the court finds that the organization does not have a defined POSH policy, then the court can levy exemplary fines and imposition on that organization. 
  • The reputation can suffer, and it can potentially damage the business’s brand and foster a hostile work environment if their non-compliance with the POSH policy comes out in the air.

Conclusion

Companies in India take POSH seriously and employ a variety of steps to stop sexual harassment at work. To ensure that every employee in India feels secure and valued at work, there is still a long way to go. The prevention and treatment of sexual harassment must be a priority for all organisations, and it is crucial that staff members report any instances of harassment they may encounter. 
 

Last Updated :
04 May, 2023

Like Article

Save Article

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