- Under Section 2(f) of the POSH Act, 2013, an “Employee” means a person employed at a workplace on a regular, temporary, ad hoc, contractual, trainee, apprentice, volunteer, or daily wage basis, either directly or indirectly, with or without remuneration.
- It also includes domestic workers.
- The definition is broad and inclusive to ensure protection against sexual harassment for every individual present at the workplace.
- The objective is to extend safety not only to permanent employees but also to vulnerable and unorganized workers. Thus, the POSH Act ensures a safe and dignified working environment for all.
- Under Section 2(d) of the POSH Act, 2013, a “District Officer” means an officer notified by the State Government for a district.
- Usually, the District Magistrate, Additional District Magistrate, or an equivalent officer is designated for this role.
- Role of “District Officer”
- The District Officer is responsible for ensuring the effective implementation of the Act.
- The officer constitutes the Local Committee (LC), supervises the grievance redressal mechanism, and ensures the safety of women at workplaces.
- The District Officer also monitors awareness programs, training, and compliance with the provisions of the Act.
- Thus, the District Officer plays a crucial administrative and institutional role in implementing the POSH Act.
Section 19 imposes mandatory duties on every employer (Government or Private) to prevent sexual harassment, create awareness, provide support during inquiry, and ensure strict compliance with the Act. It shifts the responsibility from reactive to proactive.
Every employer shall:
- Provide a safe working environment including safety from persons coming into contact at the workplace
- Display at conspicuous place: Penal consequences of sexual harassment + Order constituting ICC
- Organise workshops & awareness programmes regularly for employees and orientation programmes for ICC members
- Provide necessary facilities to ICC / LCC for dealing with complaints and conducting inquiry
- Assist in securing attendance of the respondent and witnesses before ICC / LCC
- Make available all required information to ICC / LCC
- Provide assistance to woman if she wants to file criminal complaint under IPC or any other law
- Initiate action under IPC or other law against perpetrator (even if not an employee)
- Treat sexual harassment as misconduct under service rules and initiate action
- Monitor timely submission of reports by Internal Committee
- NOTE- “The Act shifts responsibility from individuals to institutional accountability.”
