Introduction
Startups and SMEs are the most popular sectors and most women are working in these sectors. The POSH Act not only protects women's dignity but also ensures law and order.
The Act states that every enterprise which has employed more than 10 members should establish an Internal Compliance Committee. The Act mandates that if an enterprise has less than 10 members, then the Local Committee has authority to inquire into the complaints.
Ensuring Legal Responsibility and Fostering Workplace Dignity
The POSH Act has been enacted not only for Large scale enterprises but also for Startups and SMEs. The Startups and SMEs should follow this POSH compliance checklist according to the POSH Act. Every establishment irrespective of its size has a responsibility to safeguard the rights and dignity of the women in the workplace.
Understand POSH Act and Applicability
In order to ensure legal responsibility and foster dignity in the workplace, the first step is that the employer should clearly understand the POSH Act and its applicability. Without knowing the nuances of the Act, effective implementation is not possible for small enterprise harassment prevention.
Constituting a Valid Internal Committee
We all know that the main purpose of the POSH Act is to constitute an Internal Committee. After getting clarity about the Act, the employer should constitute an Internal Committee with proper composition and qualified members.
POSH Policy Development
POSH policy development is very essential for any action for successful implementation. The Employer should develop a comprehensive POSH policy in order to protect the safety of women employees. The Policy should be logical, well structured and it should be reviewed and updated periodically.
Employee Awareness Programs
As a part of a training programme for employees, it is the responsibility of the employer to generate awareness about POSH and its functioning mechanisms. The woman employee should know their right to life with dignity and the right to legal representation.
Redressal Forum
The Local Committee acts as a redressal forum for the disputes that arose from sexual harassment at the workplace in Startups and SMEs. Women who faced sexual harassment at a workplace should give a complaint within one year from the last incident.
Case Study: Global Health Pvt Ltd Vs Local Committee
In this case, the Delhi High Court emphasized the importance of Internal Committee formation though it is a Small size Industry. Global Health pvt Ltd has failed to constitute an IC. The Delhi High Court held that the non-compliance of the employer results in loss of internal autonomy.
Conclusion
Implementing POSH compliance is a commitment to creating a respectful, safe, and dignified workplace culture. For startups and SMEs, it is both an ethical as well as a strategic imperative to inculcate the philosophy of the POSH Act in the organizational culture from the very beginning.