Q. What is POSH Act?

Ans. POSH stands for Prevention of Sexual Harassment Act. It is an Act passed by the Indian government in 2013 to protect women from sexual harassment at the workplace

Q. Who does POSH Act apply to?

Ans. The POSH Act applies to all workplaces, including both public and private sector organizations

Q. What are the penalties for non-compliance with the POSH Act?

Ans. If an organization fails to comply with the provisions of the POSH Act, it can be fined up to Rs. 50,000, and repeated non-compliance may lead to twice the punishment or the cancellation of the organization's license or registration

Q. What are the basic requirements for employers under the POSH Act?

Ans. Employers with 10 (ten) or more employees must establish a internal complaints committee to receive and investigate complaints of sexual harassment at the workplace, provide training to employees on the prevention of sexual harassment, and display the penal consequences of sexual harassment at the workplace

Q. Who can file a complaint under the POSH Act?

Ans. Any woman who has faced sexual harassment at the workplace can file a complaint under the POSH Act

Q. What are the time limits for filing a complaint under the POSH Act?

Ans. A complaint of sexual harassment must be filed within three months of the incident taking place

Q. How is a complaint filed under the POSH Act?

Ans. A complaint of sexual harassment must be filed in writing with the internal complaints committee established by the employer. It can also be filed online at https://shebox.nic.in/

Q. What is the process for investigating a complaint under the POSH Act?

Ans. The internal complaints committee is required to investigate the complaint within 90 days of its filing. The investigation is conducted in a fair and impartial manner, and both the aggrieved woman and the respondent are given an opportunity to present their case

Q. What are the possible outcomes of a complaint filed under the POSH Act?

Ans. The internal complaints committee in its report to the employer that the respondent is guilty of sexual harassment may recommend disciplinary action under service rules or deduction from wages of respondent for paying aggrieved women as compensation. It may also recommend that criminal charges be filed against the accused

Q. Are employers required to file returns under the POSH Act?

Ans. Yes, employer and internal committee are required to file an annual report with the District Officer, which includes details of the complaints received and the action taken by the organization

Q. What is the deadline for filing returns under the POSH Act?

Ans. The annual report must be filed with respect to the previous calendar year ending December 31st and is preferably filed within a month

Q. What are the consequences of failing to file returns under the POSH Act?

Ans. Failure to file returns under the POSH Act may result in a penalty of up to Rs. 50,000, and repeated non-compliance may lead to twice the punishment or the cancellation of the organization's license or registration.

Q. Can a woman file a complaint under the POSH Act after leaving her job?

Ans. Yes, a woman can file a complaint of sexual harassment even after leaving her job, as long as the incident took place while she was still employed with the organization.