Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Creating Ethical Workplace

Over the years, we are providing services as an external member which has formed the bedrock of statutory compliance training for India's leading corporates. We have had the opportunity to be associated with Indian and multi-national corporates.

Shine Trust is striving to Create Ethical Workplace through POSH services which have formed the bedrock of statutory compliance training for Karnataka's leading corporates. We have had the opportunity to be associated with Indian and multi-national corporates.

Sexual harassment at workplace is an extension of violence discriminatory and exploitative, as it affects women's right to life and livelihood. In India, for the first time in 1997, a petition was filed in the Supreme Court to enforce the fundamental rights of working women, after the brutal gang rape of Bhanwari Devi a social worker from Rajasthan. As an outcome of the landmark judgement of the Vishaka and Others v State of Rajasthan the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted wherein it was made mandatory for every employer to provide a mechanism to redress grievances pertaining to workplace sexual harassment and enforce the right to gender equality of working women. The act is also unique for its wide ambit as it is applicable to the organized sector as well as unorganized sector.

Creating an equal workplace for women and men must include a rethinking of attitudes and beliefs, as well as redesigning systems and processes. The lives men and women live outside the workplace influence workplace dynamics. Organisations need to find ways to help men and women work together as co-workers. This requires bringing men into the discourse on gender and workplace rights. Integrating experience, knowledge and interests of both men and women into organisational processes and culture has a positive impact on the functioning of the workplace. With more women entering the workforce, the 21st century organisation needs to be flexible and pay attention to the changing power equation and the response of men in dealing with this change. By including men in the conversation on how women experience discrimination and harassment at the workplace, we can induce positive changes in the work dynamics between all employees, making workplaces safe for all.

Our core objectives are:

• Protecting women employees against Sexual Harassment.
• Promising a safe, secure and dignified working environment.
• To enhance trust between genders by creating congenial work environment.

Our services:

Assistance in complying with Law: It provides support to employers in preventing and dealing with matters of sexual harassment through implementation of the POSH Act. Providing them with legal advice, helping them conduct training/awareness programs on sexual harassment and gender equality, providing them notice board materials for compliance with law and assisting them to implement policy and preparation of annual report. These are explained in more detail below:

• Provides Regular Legal Updates: It provides regular updates on all statutes, government notifications, guidelines, policies, case laws and news pertaining to sexual harassment for the benefit of ICs. Our updates come with a legal analysis in simple language.
• Empanelling external member to IC: The law puts several responsibilities on an employer for effective implementation of the law. The law mandates to empanel external member from an NGO or association committed to the cause of women. We deploy the experienced personnel who is well versed in POSH.
• Providing support in conducting sensitization session: Our expert faculty of trainers conducts workshops for internal committee and employees.

Internal Committee training

It is a training on POSH Act, roles and responsibilities of IC and Enquiry procedure. This workshop will provide the participants an in-depth understanding of the legal framework along with the working knowledge of processes and procedures that are associated with the functions of an IC. Evidence appreciation, guidelines on imposing punishment and order writing are some of the key aspects that are covered in this workshop.

Employee Awareness Workshop

This interactive workshop breaks down the PoSH Law for the participants, into simple and easily comprehensible parts. Sprinkled with cases studies, this workshop focuses on providing a fundamental understanding of the PoSH Law that enables your organization to be compliant while creating a sensitized workforce. The rights, duties and obligations of all parties are brought out very clearly and the consequences of sexual harassment explained with examples and case studies.

• Providing Provide posters and other relevant communication material in compliance with law: we provide posters for displaying at 'conspicuous place' the order constituting the internal committee should formulate and widely disseminate an internal policy and declare names and contact details of IC members and the penal consequences of sexual harassment. Board resolution for creating the Internal committee and empanelling the external member and statement for appointment letter to follow the rules of POSH policy.

1. What is posh law?

   A law to prevent and to provide protection against, Sexual Harassment of women at the workplace as well as redressal of complaints of Sexual Harassment. Sexual Harassment violates the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Constitution and right to practice any profession, which includes a right to a safe environment free from Sexual Harassment. Sexual Harassment at the workplace is a horrific violation of an individual's rights

   1. familiarize all employees with the applicable legal framework and best practices at work
   2. sensitize managers towards gender equality due to the inherent nature of power differences
   3. train the Internal Committee (IC) on how to handle complaints and resolve conflicts
2. What is posh training?

   To provide a safe and gender-neutral work environment, an organization's employees, managers & directors need to be educated on what is and isn't sexual harassment under PoSH training. For instance, sexual harassment isn't only limited to its most obvious form such as making inappropriate advances. It can also include unwelcome verbal or physical behaviour that creates a hostile work environment. Also, it is not limited to the office space only, but can go beyond within the work environment. PoSH training allows you to differentiate between appropriate and inappropriate workplace behaviour and educates you on the definition & consequences under the PoSH Act. PoSH training is required to:

3. What does sexual harassment include?

   "Sexual Harassment" includes unwelcome sexual behaviour, whether directly or by implication, such as :

   1. Physical contact and advances
   2. Demand or request for sexual favors
   3. Making sexually colored remarks
   4. Showing pornography, or
   5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
4. Origin & history of POSH law?

   Sexual Harassment was made a criminal offence in 2013. After the landmark Vishakha judgement (1997), the Government did not really make any attempts to rectify the situation. Until, they were rapped on the knuckles by the Supreme Court in Medha Kotwal Lele Vs. Union of India (2013).

   The current PoSH Law was passed only after the SC passed strictures against the Government for not enacting a law to protect women at the workplace from Sexual Harassment.

   The requirement to give legislative sanctity to the Vishakha Guidelines as well as the need to provide a more comprehensive and robust framework around the burning issue of Sexual Harassment at the workplace, led to the Parliament enacting the PoSH Law.

   India's first comprehensive legislation specifically addressing the issue of harassment at work - The PoSH (Prevention of Sexual Harassment at the Workplace) Law was formulated with the core objective of protecting employees against Sexual Harassment and promising a safe, secure and dignified working environment for them.

5. What does the law mandate?

   For Employers
   As per Section 4 of the Act, every company with 10 or more employees must constitute an Internal Committee (IC). This Committee must include:

   1. A Presiding Officer appointed from Senior Management (must be a woman)
   2. One external member from amongst non-governmental organizations or a lawyer

   3. At least two members representing the employees of the organization.
      It is essential that at least one-half of the total members so nominated shall be women. All complaints shall be made to this body which must resolve every issue impartially.

      For Employees
      All employees of the organization must undergo sensitization training, as the entire emphasis of the law is on prevention of Sexual Harassment.

      Irrespective of the intention of the accused or the level of impact, every incident has to be taken seriously and investigated by the IC.

6. Penalties on failure to comply?

   Failure to comply with this could lead to hefty penalties. Some of the provisions under the PoSH Law include:

   1. When the employer fails to constitute an Internal Committee or breaches provisions of this Act or any rules made thereunder, they shall be punishable with fine of fifty thousand rupees (INR 50,000).
   2. If any employer, after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of the same offense, he shall be liable to twice the punishment.
   3. Extended penalties shall be
      • Cancellation or withdrawal of his license.
      • Non-renewal, or cancellation of the registration.
7. What is required to be POSH complaint?

   Ensure implementation of

   1. PoSH policy
   2. Sensitisation of all employees
   3. Formation of Internal Committee (IC)
   4. Training of IC on investigation procedure, confidentiality, timelines, the format of reports etc
   5. Mandatory external member, who ensures fairness, neutrality, right steps for implementation of PoSH policy
   6. Filing of the annual report to appropriate authorities and PoSH compliance to be part of Director's report.
8. Benefits of conducting PoSH training
   1. Higher job satisfaction and employee engagement
   2. Higher productivity and collaboration among employees
   3. Higher retention of valuable employees and talent
   4. Improvement in workplace culture
   5. Respect for colleagues

It is not difficult to create an environment that is protected, warm, friendly and safe; it just requires focus and attention. The most effective weapon against Sexual Harassment is awareness.