How to be a POSH Compliant Organisation
?In our previous blog, we have spoken about the impact of sexual harassment at workplaces. The pandemic has changed the work culture where more organisations adopted the remote and hybrid models of working. Still the number of cases of sexual harassment even in virtual spaces has been rising steeply. The POSH Act 2013 was introduced to provide protection against sexual harassment of women in the workplace. Regardless of the size or nature of the organisation, the regulations apply to every employer, including those who are partnerships, corporations, limited liability companies, and individuals. The POSH Act's objective is to safeguard all working women, not just female employees. Clients, vendors, interns, contract workers, employees on probation, and visitors are all included in this law.?
According to POSH law, an organisation must take all necessary steps to educate its staff about sexual harassment prevention. The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act mandates several procedures for businesses to follow to prevent and address workplace sexual harassment.?
Is POSH compliance mandatory??
POSH compliance is the duty of every citizen and not a choice. It is mandatory for any organisation which has 10 or more employees. The #MeToo movement has turned the spotlight on sexual harassment at workplaces by men in power. More women are coming out and sharing their experiences of being harassed and denied work because of not complying with their sexual advances.?
More than being POSH compliant, an organisation needs to make it a point to take necessary action when a complaint is raised. A strict POSH policy along with an internal team that proactively investigates and takes stringent action against the perpetrators is the need of the hour.
How to implement POSH Act’s guidelines in your organisation?
POSH Act can be implemented in five steps.
A POSH policy needs to be drafted detailing the process it would take to implement POSH. A POSH policy should ideally state the objective and purpose of it, who it is aimed at, explain what counts as sexual harassment, the procedure for filing a complaint, details of the team handling the complaint, details of disciplinary actions, compensation, and privacy clauses.?
2.????Employment contract mentioning POSH policy?
An employment contract or offer letter should clearly state the company’s compliance with the POSH Act and the measures it would take in case of violation.??
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3.????The Internal Committee (IC)?
The objective of the Internal Committee is to address and handle sexual harassment complaints. It is a judicial body formed in an organisation which has more than 10 employees. The Committee should have a presiding officer, two or more employees and an external member. The presiding officer should be a senior-level female employee. The employees who are part of it should be committed to the cause and have basic legal knowledge preferably with experience in social work. The external member should not be a part of the organisation in any way but must be familiar with the issues and committed to the cause. This ensures that the complaints are handled in an unbiased manner.
4.????Creating awareness?
All employees need to be made aware of the POSH law. It includes creating awareness and prevention of sexual harassment in the workplace. Since many employees are still not aware of what constitutes as sexual harassment, creating awareness can be challenging. This can be done through classroom training, short videos, online courses or poster and banners. The success of the policy is achieved when employees find the confidence to come forward and speak up against their perpetrators upon witnessing inappropriate behaviour.?
5.????Filing report?
According to Section 21 of the Act, the Internal Committee is required to prepare an annual report and submit the same to the employer and the District Officer. The employer needs to include the number of cases filed along with the organisation’s details like name, address and registration number in the report they submit to the Registrar of Companies. The detailed report should include the number of sexual harassment complaints, actions taken and completed, the total number of employees and POSH-trained employees, and the nature of action taken by the organisation. In effect, two reports need to be submitted every year.?
The importance of the Internal Committee?
If the Internal Committee is not formed, it could lead to legal consequences along with a penalty or even license cancellation. Half of the IC team and the chairperson should be a woman. A member can serve the position for a maximum of three years. The IC team plays the most crucial part as their responsibilities include drafting a POSH policy for the organisation, ensuring a safe workspace, creating and spreading awareness by organising programmes, conducting meetings, grievance redressal and taking appropriate action in the matter. Strict confidentiality needs to be maintained between the complaint and the complainant. Any disclosure of the identity of the victim, respondent or the complaint can lead to the dismissal of the member from the committee. A member can be evicted from the committee if that person has misused their power or is being investigated for any form of misconduct in the organisation.?
The IC team needs to have members who are well-trained in handling sexual harassment complaints. A poorly formed team can be detrimental to the organisation and the parties involved. A strong committee with a well-drafted policy encourages employees to come forward and voice their concerns. The confidence that the complainants display when they file a harassment complaint shows their trust in the organisation and its policymakers.?
The Walchand Plus?POSH e-learning solution?is designed to give the means to not just legally comply with the POSH Act but also give the employees the awareness, empathy and emotional intelligence required to make both physical and virtual workspaces safer for women. It is designed to be engaging, self-paced and holistic.