Looking to get PoSH Compliance in your organization ?

POSH Compliance?Advisory | Anti-Sexual Harassment Policy | ICC capacity building | Training

In today's rapidly evolving society, ensuring a safe and inclusive work environment is of paramount importance. Recognizing the need for addressing and preventing incidents of sexual harassment in workplaces, the Government of India introduced the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) (POSH) Act, 2013. The Act provides a comprehensive framework for preventing and redressing cases of sexual harassment.

As a capacity-building exercise and with a mission to update and train Internal Committee (IC) members, HR leaders, in-house lawyers, and independent PoSH practitioners about the important elements of compliance under the POSH Act.

This write up will give you an overview of POSH Awareness and Compliance and this may help you develop a comprehensive understanding of the Act and its implementation.

Here I used to observe and broadly focus on:

● What does a workplace mean? Does it cover electronic communications?

Does it cover unofficial employee gatherings?

● What is workplace sexual harassment and is it different from workplace harassment?

● Nature of complaints and how to identify if it’s a sexual harassment complaint

● What if complaints are raised against outsiders (strangers or employees of other organizations)?

● Can transgender persons file a complaint? Can parties be of the same gender?

INTRODUCTION TO LAW

● Understanding the employer’s responsibilities under the law, its importance & consequences of non-compliance

● Composition, appointment, removal & term of office of Internal Committee (IC)

● The importance of following the process prescribed by Law

● Role of IC members & HR in assisting Employer in fulfilling the same

● Managing multiple roles of mentor, manager, colleague, and employee

● Identifying the challenges that IC members and HR face in implementing the law

● Introduction to the redressal mechanism under the law

INTRODUCTION TO WORKPLACE SEXUAL HARASSMENT

● What does a workplace mean? Does it cover electronic communications?

Does it cover unofficial employee gatherings?

● Sexual Harassment: Types & Criteria

● Workplace harassment vs. sexual harassment

● Intent vs perception

● Consent, sexual harassment, & relationships

● Impact on involved parties

INTRODUCTION TO COMPLAINANT AND RESPONDENT

• Who can file a complaint?
• ?Who is an employee?
• Can parties be of the same gender?
• What if complaints are raised against outsiders (strangers or employees of other organizations)?
• ?Understanding the redressal mechanism under the law
• ?Assistance in filing the complaint

YOUR ROLE AS THE FIRST RESPONDER

● Identify the complaints that can be entertained

● Awareness of individual differences in dealing with sexual harassment

● What if the complainant states that they are being stalked or threatened?

● What if the complainant wants to file a police complaint?

● What if one does not know how to write a complaint?

DEEP DIVE INTO THE REDRESSAL MECHANISM

● Process of Conciliation and things to keep in mind

● Steps involved in the inquiry procedure under PoSH

● What is admissible and not admissible as evidence?

● How to examine and cross-examine a witness?

● Principles of natural justice

● Confidentiality of the complaint, identity of the parties and the witnesses, etc.

● Timelines and how to meet them

INQUIRY REPORT: DOs AND DON’Ts

● Discussion on malicious complaints

● What to do when there is no evidence?

● Discussion on the preparation of an inquiry report along with recommendations

● Proportionality & recommendations – How does the IC determine the same?

● Drafting of inquiry report

If you have more questions about the POSH Compliance, please feel free to each out to [email protected]/DM

Thank you for reading!

Deepthi- HR Compliance Specialist