PoSH Act Non-Compliance and its Impact on Workplace Culture in India
The Prevention of Sexual Harassment (PoSH) Act of 2013 was introduced in India to create a safe and respectful workplace for all employees. Despite the introduction of this law, sexual harassment continues to be a major issue in many Indian workplaces. Here’s how a business in India that failed to comply with the PoSH Act had a bad workplace culture as a result of not implementing a PoSH policy.
Let’s take into account the case of XYZ Pvt. Ltd.
XYZ Pvt. Ltd. was a medium-sized business in India that had been in operation for over a decade. The company had a predominantly male workforce, with only a few women in senior positions. The company had never implemented a PoSH policy, nor had they conducted any training on sexual harassment prevention. This lack of attention to PoSH resulted in a workplace culture where sexual harassment was rampant, with female employees frequently subjected to unwanted advances, comments, and even physical contact.
The Consequences of a Bad Workplace Culture
The consequences of a bad workplace culture can be far-reaching and severe. For XYZ Pvt. Ltd., the consequences included low employee morale, high turnover, and a tarnished reputation. Many female employees felt uncomfortable at work and were afraid to speak out against the harassment they experienced. As a result, the company lost many talented employees who left in search of a safer work environment.
In addition to the negative impact on employee morale and retention, a bad workplace culture can also have legal consequences. In the case of XYZ Pvt. Ltd., several female employees filed complaints with the local labor department about sexual harassment. The company was fined heavily for non-compliance with the PoSH Act, and the case was covered extensively in the media, resulting in significant reputational damage.
XYZ company also failed to take into account a very important point in the PoSH Act or Sexual Harassment of Women at Workplaces Act 2013 which “mandates that any organization having 10 (ten) or more employees shall constitute an Internal Complaints Committee by an order in writing.”
Implementing a PoSH Policy
The case of XYZ Pvt. Ltd. demonstrates the importance of implementing a PoSH policy and conducting regular PoSH training. A PoSH policy sets out the procedures for reporting and addressing sexual harassment complaints, as well as outlining the consequences of non-compliance. By implementing a PoSH policy, businesses can demonstrate their commitment to creating a safe and respectful workplace, and can reduce the risk of legal and reputational damage.
In addition to implementing a PoSH policy, businesses should conduct regular training sessions for their employees. These training sessions can help employees to recognize and prevent sexual harassment, and can also provide guidance on the procedures for reporting and addressing complaints.
The case of XYZ Pvt. Ltd. highlights the importance of implementing a PoSH policy and conducting regular PoSH training in creating a safe and respectful workplace. By failing to comply with the PoSH Act, the company had a bad workplace culture that resulted in low morale, high turnover, legal consequences, and reputational damage. To avoid similar consequences, businesses should implement a PoSH policy, conduct regular training, and promote a culture of respect and inclusivity in their workplace.
KelpHR was established in 2013 with the goal of providing top-notch HR solutions to organizations and enhancing workplace culture across various industries. With a decade of experience, we have catered to over 700 clients in India and abroad, specializing in services such as PoSH (Prevention of Sexual Harassment), D,E & I (Diversity, Equity & Inclusion), and EAP (Employee Assistance Programs). Our services are geared towards creating safer, more inclusive, and productive workplaces for all.
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