Masterclass Recap: Unlocking the Essentials of POSH Compliance

The speaker, Ekant, a lawyer, covers the Prevention of Sexual Harassment at Workplace Act (POSH). His presentation takes a deep dive, going beyond basic information. He emphasizes the importance of understanding not just the "what" but the "why" behind the legislation. Here's a breakdown:

• How an Act is Formed: Ekant explained the legislative process: a bill introduced, passed in the Lok Sabha (lower house) and Rajya Sabha (upper house), then signed by the President and published in the gazette.
• Constitution of India: He highlighted the Constitution as the foundation of all laws, with fundamental rights (Articles 12-35), particularly Article 14 (equality), 15 (non-discrimination), and 21 (right to life with dignity) forming the basis for the POSH Act.
• Banwari Devi Case: He discussed this pivotal case, where a government worker was sexually assaulted for resisting child marriage. Although she lost the initial legal battle, it fueled a national movement leading to the Vishakha Guidelines.
• Vishakha Guidelines to POSH Act 2013: He clarified that PIL was filed in supreme court to protect ladies so supreme court came up with guidelines. And finally Vishakha guidelines 1997 became POSH act 2013.
• Key Definition: "Woman": The speaker stressed that the POSH Act is specifically for women. He used a memorable phrase "Man with a womb - WOMAN (W-O-M)."
• Prevention, Prohibition, and Redressal: He highlighted the three pillars of the POSH Act.
• Understanding the Bare Act: He insisted on focusing on the direct text of the Act and cautioned against relying on third-party interpretations or online sources (like Google).
• Section 2 (Definitions): He emphasized the critical importance of Section 2 of any Act, as it defines key terms like "employee" and "employer."
• Workplace: He clarified that "workplace" is not limited to the office. Even a home where a domestic worker is employed falls under the POSH Act's purview.
• Local Complaint Committee (LCC): He mentioned that every government has the LCC in each district for complaint by ladies working as domestic help. So they can also complaint to DC
• Internal Committee (IC):

?? Composition: Section 4 outlines the IC must have a presiding officer (always a woman), two members, and an external officer (from an NGO, advocate, or legal expert).

?? Tenure: IC members have a tenure of only 3 years.

?? Selection process: The IC appointment require board resolution to be passed.

?? External member cost: The speaker mentioned that the cost of engaging external members is 200-2000 rupees for each sitting.

• Definition of Harassment: He defined it to includes promises of better treatment or promotion, threats, hostile language, and impact on health or employment status.
• Complaint Process:

?? He stressed that the complaint must be handwritten by the complainant.

?? Time line to give complaint is 3 months from incident.

?? From the last incident 3 months.

?? Time may get extended if IC records for 3 more months.

?? Investigation should start within 7 days.

?? Next 10 days the defendant need to submit report.

?? Interim relief can be given by temporarily shifting desk or location, but these leaves are given on paid basis.

• What If the Complaint Is False? The speaker pointed out that penalties can be levied on the complainant as well
• Confidentiality: All POSH proceedings must be confidential, and the employer should only receive the final result from IC

?? In 3 months enquiry needs to be completed

?? Emplolyer has 10 days to implement that decision from the result given by DC

?? He also mentioned appeal process

• Employer Responsibilities:

1?? Displaying signage about the IC and contact information.

2?? Posting POSH policy on the company website.

3?? Conducting regular workshops (ideally quarterly).

4?? Providing contact information for the IC to all employees.

• Annual Report: Companies must file an annual report, even if no cases are reported, within first month of year (1st jan to 31st Jan).
• Bhartiya Nayay Sahita: He stressed that IPC( Indian Penal Code) no longer applicable, after July you need to use BNS. If someone mentions or uses IPC then you should know they are unaware about law.
• Powers of IC: The IC has the powers of a civil court (Civil Procedure Code - CPC) to summon witnesses, record statements, and pass judgments.
• Key Elements of POSH Cases (Actor secious, mensria) Actor secious means Act of the crime, menzria means Intention to do.

?? Actionable Insights for Your Company:

Based on Ekant's advice, your company needs to focus on these areas:

1. Policy Review and Update: Ensure your current POSH policy is fully compliant with the latest legal requirements and best practices outlined by Ekant. Pay special attention to incorporating new changes as well.
2. IC Constitution and Training: Audit the composition of your Internal Committee. Are the members adequately trained? Is there sufficient representation? Are there any board resolution passed with IC member ship.
3. Complaint Mechanism: Revamp your complaint mechanism to ensure it's easily accessible, confidential, and promotes timely resolutions. Ensure handwritten complaint is must.
4. Awareness Training: Invest in comprehensive, ongoing training for all employees, covering the POSH Act, its implications, and the definition of sexual harassment, as well as safe report.
5. Document Every Thing: Be sure of proper documentation including minutes of the meetings.
6. Implement Rules: Implement proper rules as per new Occupational Safety, Health and Working conditions Code 2020 that are in effect. The form number and sections are to be remembered properly.
7. Audit Appointment Letter Be sure to include clauses in the appointment letter according to the law and keep an on record.

??? Tailored Call to Action (CTA):

To ensure full POSH compliance and a safe, respectful work environment, your company should immediately:

• Schedule a legal review of your current POSH policy and procedures with a lawyer specializing in labor law to ensure alignment with the 2013 Act, recent amendments, and current best practices.
• Engage a qualified POSH trainer (like Ekant or someone with similar expertise) to conduct comprehensive awareness workshops for all employees, including senior management. Emphasize interactive sessions and real-world scenarios.
• Designate a POSH compliance officer within the company to oversee implementation, address employee concerns, and serve as a liaison with the IC.
• Implement a system for regularly updating your POSH policy and procedures to reflect changes in legislation and evolving best practices.

?? Important Considerations:

• This summary is based solely on my knowledge and understanding from the masterclass I attended. A complete legal assessment of your company's current POSH compliance requires a thorough review of your existing documentation and practices.
• Stay updated on legal changes. POSH laws and interpretations evolve, so continuous education is essential.
• Focus on prevention. A proactive, respectful workplace culture is the best defense against sexual harassment.