Duties of Employer under the POSH Act: Section 19

The POSH Act places the employer at the centre of prevention. Section 19 lists ten duties, from providing a safe workplace to monitoring the Internal Committee's reports, and Rule 13 adds the duty to frame and publicise a policy and train committee members. These duties continue the Vishaka idea that preventing sexual harassment is the employer's responsibility, not only the victim's burden. This note covers section 19, Rule 13 and the consequences of default.

1. The Ten Duties

Figure 1: Section 19, clauses (a) to (j)

• (a) Safe workplace. Provide a safe working environment, which includes safety from persons coming into contact at the workplace.
• (b) Display. Display, at a conspicuous place, the penal consequences of sexual harassment and the order constituting the Internal Committee.
• (c) Workshops. Organise workshops and awareness programmes at regular intervals for sensitising employees, and orientation programmes for Internal Committee members, as prescribed.
• (d) to (f) Support to committees. Provide necessary facilities to the Internal or Local Committee, assist in securing the attendance of the respondent and witnesses, and make available information the committee requires.
• (g) Criminal complaint. Assist the woman if she chooses to file a complaint for the offence under the penal law or any other law.
• (h) Criminal action. Cause action to be initiated under the penal law or any other law against the perpetrator, or, if the woman so desires, where the perpetrator is not an employee, in the workplace at which the incident took place.
• (i) Misconduct. Treat sexual harassment as misconduct under the service rules and initiate action for it.
• (j) Monitor reports. Monitor the timely submission of reports by the Internal Committee.

2. Reading the Duties

• Prevention. Clauses (a) to (c) are preventive: a safe workplace, visible information and regular training.
• Redressal support. Clauses (d) to (f) make the committee effective, since it depends on the employer for facilities, witnesses and records.
• Criminal law. Clauses (g) and (h) link the civil remedy with criminal law; the employer must help the woman and must itself cause action to be initiated, even against an outsider.
• Service law. Clause (i) requires service rules to treat sexual harassment as misconduct, so the committee's findings can be acted on.

3. Rule 13: Policy and Awareness

Figure 2: Rule 13

Rule 13 spells out the awareness duty. The employer must formulate and widely disseminate an internal policy against sexual harassment, hold orientation programmes and seminars for Internal Committee members, run awareness programmes for employees and capacity building programmes for members, declare the names and contact details of all committee members, and use the modules developed by the State Government.

4. Consequences of Default

Figure 3: Section 26 (Topic 22)

An employer who fails to constitute an Internal Committee, fails to act under ss.13, 14 or 22, or contravenes any other provision of the Act or Rules, is punishable with a fine of up to fifty thousand rupees. A repeat conviction attracts twice the punishment, subject to the maximum, and may lead to cancellation, withdrawal or non-renewal of the licence or registration needed for the business.

5. Frequently Asked Questions

Is the employer responsible for harassment by a customer or visitor?

The employer must provide a safe working environment, which s.19(a) expressly extends to safety from persons coming into contact at the workplace. Under s.19(h), it must cause action to be initiated against a perpetrator who is not an employee, at the workplace where the incident took place, if the woman so desires.

What must an employer display under the POSH Act?

Under s.19(b), the penal consequences of sexual harassment and the order constituting the Internal Committee, at a conspicuous place in the workplace. Rule 13 also requires the names and contact details of committee members to be declared.

Must every employer have a written POSH policy?

Rule 13 requires the employer to formulate and widely disseminate an internal policy against sexual harassment. It sits alongside the s.19(b) duty to display the penal consequences and the order constituting the Internal Committee.

How often must POSH workshops be held?

Section 19(c) requires workshops and awareness programmes at regular intervals but fixes no frequency. Rule 13 adds orientation, awareness and capacity building programmes, using State Government modules.

6. Related Topics

• Topic 2: Vishaka and the Guidelines Era. Where the employer's duty began.
• Topic 6: Internal Complaints Committee, Section 4. The committee the employer must constitute.
• Topic 21: Annual Reports and Monitoring. The employer's reporting duty under s.22.
• Topic 22: Penalty and Cognizance. Section 26 in detail.