Arjun Paleri, Raisa Pinto and Harinee Seenivasan
In today's world, creating a safe and respectful environment for employees is more important than ever. With increased awareness of gender equality and workplace harassment, organizations are now taking proactive steps to prioritize safety in the workplace.
In India, many of these initiatives are part of legal requirements that all organizations must follow. The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) mandates that organizations develop policies, provide employee training, and set up a robust grievance redressal system.
This guide aims to outline the key steps and best practices that businesses should implement to comply with the PoSH Act and foster a respectful and secure workplace.
Step | Actions for Organisations | Expected Outcome |
Step 1 Understanding the legal framework | Before drafting the PoSH policy, it is important to understand the purpose, the extent of the law, and the responsibilities of employers. | This knowledge will greatly help organizations in formulating a comprehensive policy that addresses all potential situations. |
Step 2 Evaluation of the current internal framework. | Examine the existing internal framework, which encompasses policies, compliance measures, training programs, and operational practices to identify any deficiencies. | Organizations that have already adopted a PoSH Policy and associated practices can benefit from identifying any gaps. This awareness will help them tackle shortcomings by revisiting and enhancing their policies and procedures. |
Step 3 Formulating/updating PoSH Policy | Draft a detailed policy or update the existing one to include the procedures for addressing complaints, the repercussions of sexual harassment, and any additional support available to those involved. Evaluate potential locations for policy dissemination, such as notice boards, the company’s website, and other conspicuous places within the workplace to ensure easy access. While the PoSH Act primarily focuses on women, many organizations choose to develop a gender-neutral PoSH Policy, enabling all employees, regardless of gender, to report any instances of sexual harassment. | A straightforward and easy-to-understand policy that helps employees grasp the principles of the PoSH Act, 2013, including what constitutes sexual harassment and how to seek resolution. |
Step 4 Internal Committee (“IC”) | Constitute an IC as per the guidelines set out in the PoSH Act. It is advisable for the IC to have an odd number of members to effectively address any conflicts that may arise. | To constitute a functional and representative IC. |
Step 5 Training employees and the IC | Arrange training workshops for employees and IC members focused on the PoSH Act, the reporting process, and how to handle PoSH complaints. Although many companies rely on online training platforms for employee education, hosting at least one in-person workshop led by a professional expert in this field can offer employees and the IC a comprehensive understanding of the PoSH Act. | Help the employees and the IC gain a comprehensive understanding of the PoSH Act. |
Step 6 Publishing of notices and fulfilling other statutory obligations | Ensure that notices are published, annual returns are filed, and necessary declarations are made promptly, in compliance with the PoSH Act. | Fulfilling the statutory obligations. |
Step 7 Training managerial level employees | Training employees at the managerial level is essential, as they often serve as the initial point of contact in the grievance redressal management system and are likely to handle PoSH complaints. | All PoSH complaints must be submitted to the IC, but we have observed that many of these complaints are initially brought to the attention of managerial staff. These managers are then responsible for passing the complaints on to the IC. Given this situation, it is essential to develop training programs for managerial employees. This training should focus on providing them with the skills to address complaints effectively, while also emphasizing the critical need for confidentiality and sensitivity when handling sexual harassment issues. |
Step 8 Regularly monitoring the internal framework and legal framework | Monitoring the practices followed in the company and staying updated with legal changes, best practices and market practices. | Adopt a proactive and well-informed strategy for ensuring safety in the workplace. |
Creating a PoSH compliant workplace is a comprehensive endeavour that necessitates the active participation of every employee. By adopting a systematic approach, organizations can meet their legal responsibilities while fostering a culture of respect, which ultimately contributes to a healthier and safer work environment.