Duties and Obligations of Employer under Prevention of Sexual Harassment Act

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 mandates all employers to provide a safe workplace to their employees.

There are Several Duties of an Employer under the PoSH Act in India which are Discussed Below:-

1. To Establish an Internal Complaints Committee (ICC): It is mandatory for employers to establish an ICC at every branch or office with more than 10 employees. An ICC should be formed even if there are no women employees at present at the organization.

2. To Implement a Well-drafted PoSH Policy: The employer has to present a well-drafted and customised anti-sexual harassment policy, which should be drafted by an experienced employment and labour lawyer in India.

3. To Treat Sexual Harassment as Misconduct: The Anti - sexual Harassment Act at workplace states that any kind of act of sexual harassment will be treated as an act of misconduct.

Also, the repercussions of sexual harassment must be clearly stated, such as termination of employment, deduction in salary, or additional penalties.

4. To Display the Consequences of Sexual Harassment: The employer needs to exhibit the penal consequences of any case of sexual harassment in the workplace.

5. To Sensitise Employees Regarding Sexual Harassment at Workplace: All employers have the responsibility to inform all employees regarding sexual harassment act at workplace. Workshops and seminars should be organized to raise awareness among employees regarding workplace sexual harassment.

6. To Prepare the Annual Report: All employers must file an annual report regarding the sexual harassment complaints they have received along with the current status of all complaints. These annual reports are filed with the Registrar of Companies, and the societies and trusts should file the report with the Charity Commissioner or Registrar of Societies.

7. To Assist the Employee in Reporting the Incident of Sexual Harassment: The employer holds the responsibility to help employees in filing a complaint against the accused. A complaint should also be initiated by the employer against the accused.

The sexual harassment act at workplace has been implemented by all employers in India, as any act of sexual misconduct is considered as a violation of constitutional rights. 

Employees spend most of their time at the workplace rather than their homes, therefore employers must provide a safe and comfortable environment for them.

There are several factors that can make an employee uncomfortable, such as workplace discrimination, toxic work environments, and sexual harassment.

The employer is duty-bound to initiate disciplinary action against anyone involved in sexual harassment and provide a fair and reasonable inquiry about any such incidents.