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Automatic POSH Policy Creator

POSH act was passed by the Govt of India in 2013 & mandate all companies to have POSH POLICY in the company.

This Automatic POSH Policy Creator will help you draft one for your company in just few steps. We have prepared the draft document related to POSH, explaining every basic detail of the workplace ‘gender and moral ethics’.

Marking the day of 8th March as not just Women’s Day, but as a day to do something good for the working community out there, we came up with this POSH POLICY GENRATOR for companies

In order to use this templated POSH POLICY Document you should know following basic details about ACT.

What is a posh policy?

POSH Policy ( Prevention of Sexual Harassment ) at Workplace is the Act of India which mandates Companies & organisations which are registered & operates in India prepare their sexual harassment policies, prevention systems, procedures and service rules for its employees.

You can visit this link https://legislative.gov.in/sites/default/files/A2013-14.pdf to know more about this law

How do you draft a posh policy?

These are the steps to draft a POSH Policy Document
  1. Step 1: Prepare a company policy for Prevention of sexual harassment.
  2. Step 2: Add this in your company’s employment contract to reflect organization's POSH policy.
  3. Step 3: An Internal Committee called IC is required to be formed to handle complaints regarding sexual harassment.

What are the Five major elements of posh act?

Under the Section 2 (n) of POSH Act, any of the following shall mean sexual harassment

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

To understand these element in detail checkout free POSH Presentation Slides

How to formulate the policy for Posh?

The POSH policy can be designed by legal experts or by using standard web application customised to your company. The fastest way of preparing POSH Policy Document for your company is web application like this

Is POSH Mandatory in companies?

The Prevention of Sexual Harassment (POSH) at workplace Act is applicable to every workplace, establishment, company or organization employing 10 or more employees (full time, part time, interns or consultants included) irrespective of its location or nature of industry. You can use this POSH Policy Maker to quickly ready the draft customised to your company

How do you create a POSH committee?

As per the Section 4 of the PoSH Act, the Internal Committee shall consist of a minimum of 4 members and at least 50% of the total members shall be women.

SHWW Act: A guiding document

Sexual harassment against women at a workplace amounts to violation of women's right to equality, life and liberty. It leads to a hostile and unfriendly work-ambience, resulting in abysmal women-participation at work. Taking cognizance of all of this, our legislature formulated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as SHWW Act). The SHWW Act came into force from 9 December, 2013. This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH), introduced by the Supreme Court (SC) of India.

Vishaka Guidelines: A landmark judgement by Supreme Court

In fact, it was during the case of Vishaka v State of Rajasthan that the need for such legislation was recognized first time by the Supreme Court. In the absence of any law at that time providing measures to check the menace of sexual harassment of working women, the Supreme Court, in exercise of power available under Article 32 of the Indian Constitution, crafted guidelines to be followed at all workplaces or institutions, until a legislation is enacted for the purpose. The Supreme Court assimilated elementary principles of human rights, enshrined in Constitution of India under Article 14, 15, 19(1)(g) and 21, and provisions of Convention on Elimination of All Forms of Discrimination against Women (CEDAW), which had been ratified in 1993 by the Government of India. Vishaka guidelines remained as the law under Article 141 of the constitution till 2013, when SHWW Act was enacted to facilitate protection to women against sexual harassment at workplaces and for the prevention and redressal of complaints of sexual harassment and for matters related to that.

Prevention of Sexual Harassment (PoSH) policy for companies

Prevention of Sexual Harassment (PoSH) policy has been formulated in alignment with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013”. The purpose of PoSH is deep-rooted in thwarting sexual harassment against women in workplaces and also, in protecting them. Every company has to provide a safe, secure and enabling working environment, free from sexual harassment to every woman.

This policy is applicable to all the members of the company, including employers and those who are employed on regular, temporary, on a daily wage basis, etc. The policy also extends to those who are not employees of the company such as customers, clients, visitors, interns, contract workers, suppliers, etc. The policy is restricted to the business-locations of a company and any external location visited by the employees during the course of employment whether inside or outside of India. All the employees should have the personal responsibility to ensure that their conduct isn’t and doesn’t seem a breach of the policy.

Declaration:

This document is the reference for your POSH POLICY draft. After downloading you must check it and make required changes to suit & fulfil your legal obligations. No way this document should be considered a legally approved format & must be revalidated with respective experts ( internal & external ) and changed / edited