HK Associates | Resources

1. What is POSH and why is it important for organizations?

POSH is a law that ensures a safe, harassment-free workplace, promoting legal compliance and a respectful environment.

2. Who can file a complaint under POSH?

Any employee or visitor who experiences sexual harassment at the workplace can file a complaint.

3. What constitutes sexual harassment under POSH?

Sexual harassment includes any unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

4. What is the role of the Internal Complaints Committee (ICC)?

The ICC handles sexual harassment complaints by investigating, ensuring fairness, and recommending actions.

5. How should an organization handle a POSH complaint?

The organization should ensure confidentiality, investigate impartially, and take corrective actions based on findings.

6. What steps can HR take to prevent sexual harassment in the workplace?

HR should implement clear policies, conduct regular training, and create a zero-tolerance environment towards harassment.

7. What are the consequences for an organization failing to comply with POSH?

Non-compliance can result in legal penalties, fines, and reputational damage.

8. Is training mandatory under POSH?

Yes, all employees must undergo regular POSH awareness training as mandated by the law.

9. What should be included in a POSH policy?

A POSH policy should define harassment, explain reporting procedures, and outline the disciplinary actions for violations.

10. How can HR support an employee who files a sexual harassment complaint?

HR should provide emotional support, ensure confidentiality, and guide the complainant through the process.

11. Can POSH complaints be filed anonymously?

While not mandated, some organizations allow anonymous complaints to protect the complainant’s identity.

12. What happens if the accused is found guilty of sexual harassment?

The accused may face disciplinary actions like suspension or termination, based on the severity of the offense.

13. What is the time frame for filing a POSH complaint?

Complaints must be filed within three months of the incident, with possible extensions under specific circumstances.

14. Can an employee file a complaint outside the organization?

Yes, if dissatisfied with the internal process, an employee can approach external bodies like local committees or the judiciary.

15. How does POSH training benefit the organization?

POSH training helps create a respectful workplace, reduces legal risks, and ensures compliance with the law.

16. What is the role of the Employer in POSH compliance?

The employer is responsible for ensuring the implementation of POSH policies, training employees, and supporting the ICC.

17. Do external parties like contractors and vendors need to comply with POSH?

Yes, external parties must follow POSH guidelines if they interact with employees in the workplace.

18. Can an employee file a POSH complaint if the harassment occurred outside of work?

Yes, if the harassment is connected to the workplace or affects the employee’s work environment, the complaint can be filed.

19. How should an organization handle false allegations under POSH?

False allegations should be treated seriously, and disciplinary action should be taken if proven, while ensuring fairness to all parties involved.

> 20. What are the preventive measures an organization can take to avoid sexual harassment?

Preventive measures include establishing clear anti-harassment policies, conducting regular training, and fostering an inclusive workplace culture.

21. Is there a specific procedure to follow while investigating a POSH complaint?

Yes, the investigation should be impartial, confidential, and follow a structured process laid out by the ICC.

22. What should an organization do if the ICC is biased or ineffective?

If the ICC is biased or ineffective, the organization must reconstitute the committee or seek external intervention to ensure a fair process.

23. How should an organization protect the complainant from retaliation?

The organization must ensure that the complainant is not discriminated against or retaliated against during or after the complaint process.

24. Can an employee withdraw a POSH complaint once it is filed?

Yes, the complainant can withdraw the complaint, but the ICC will still investigate the matter if there is enough evidence to proceed.

25. What is the role of the external committee under POSH?

The external committee can assist in resolving complaints and provide oversight if the internal committee is not functioning properly.

26. What action should HR take if a POSH complaint involves senior management?

HR should ensure the complaint is handled with extra sensitivity, potentially involving an external body to maintain fairness and transparency.

27. Are there any penalties for employees found guilty of sexual harassment?

Yes, employees found guilty can face penalties ranging from warnings to termination, depending on the severity of the offense.

28. Does POSH apply to virtual workplaces or remote employees?

Yes, POSH laws extend to virtual workplaces and remote employees, ensuring the same protections against harassment.

29. How often should POSH training be conducted?

POSH training should be conducted at least once a year, with additional sessions as needed for new employees or specific situations.

30. What should be done if an employee feels uncomfortable reporting a POSH complaint internally?

The employee can report the complaint to an external complaints committee or seek legal counsel if they feel the internal process is unsafe or biased.

POSH FAQs for HR professionals