PoSH Compliance & Advisory Services: Processes and Trainings
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  Jul 24 2024 | theoutcastcollective

The modern workplaces thrive on a foundation of trust, respect, and inclusivity. 

Safety and respect are no longer afterthoughts; they are essential for a thriving culture. With rising awareness and the pressing need for gender inclusivity, organisations are increasingly recognising  the importance of adhering to the PoSH (Prevention of Sexual Harassment) Act. 

Building a safe workplace goes beyond ticking corporate legal adherence and organisational checklist boxes. It’s about creating an environment where all employees feel valued and supported.

As the number of reported cases of sexual harassment continues to rise, it becomes imperative for businesses to prioritise PoSH compliance and awareness training. Such initiatives not only safeguard employees but also enhance organisational reputation and productivity. Companies leading the way in creating harassment-free workplaces set a benchmark for others, demonstrating that employee well-being and safety are integral to organisational development and success.

At TOC, The Outcast Collective, we understand PoSH law and implementation nuances. Under the expert guidance of Rutuja, our Service Delivery Lead for PoSH,  we provide end-to-end assistance to ensure your organisation meets all compliance requirements. From drafting gender-inclusive PoSH policies to conducting extensive training sessions for Internal Committee (IC) members, our customised PoSH policy solutions create a safe and supportive work environment for all. 

Understanding the PoSH Act

The Prevention of Sexual Harassment (PoSH) Act, formally known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, came into existence to create safe and protected working conditions for women, free from sexual harassment. 

The PoSH Act establishes a clear and inclusive definition of sexual harassment. This definition encompasses a range of unwelcome behaviours, including physical contact, sexual advances, suggestive remarks, exposure to pornography, and any other physical, verbal, or nonverbal conduct of a sexual nature. This expansive scope ensures that all forms of inappropriate conduct are addressed.

Clearly defined PoSH policies coupled with a commitment to understanding and adhering to the PoSH Act play a critical role in organisations creating safe and respectful workplaces for all employees. 

Team TOC helps organisations understand and implement these provisions effectively. We devise solutions that address your needs, ensuring adherence to all PoSH requirements and promoting a culture of respect and safety for your employees.

PoSH Compliance Documentation

Proper documentation is a cornerstone of PoSH compliance, ensuring that every aspect of the Act is adhered to meticulously. Inaccuracies or omissions in documentation can render PoSH compliance ineffective. Here’s a breakdown of the key documents:

  • POSH Policy: This document is the foundation for your organisation’s commitment to preventing sexual harassment. It outlines the definition of sexual harassment, acceptable and unacceptable workplace behaviour, and the complaint redressal mechanism.
  • ICC Minutes: Strict adherence to confidentiality is crucial. Minutes from ICC meetings should be documented in a certain format, ensuring only authorised personnel have access.

 The experts at TOC provide comprehensive support, including drafting, reviewing, and maintaining all essential documentation. This ensures your organisation stays fully compliant with the PoSH Act.

Awareness Sessions for Employees

Awareness sessions are vital components of PoSH compliance, ensuring employees are well-informed about their rights and responsibilities under the PoSH Act. These sessions help create a culture of awareness and sensitivity, making it easier to prevent and address instances of sexual harassment. Key benefits of effective awareness sessions include:

  • Empowerment: Employees gain knowledge of their rights and responsibilities under the PoSH Act, enabling a sense of empowerment to report harassment.
  • Prevention: Awareness sessions educate employees on what constitutes harassment and how to intervene as bystanders, ultimately helping to prevent incidents.
  • Improved Workplace Culture: Open conversations about PoSH nurture a workplace culture built on respect and a clear message of zero tolerance for harassment.
  • Increased Confidence: Employees feel more confident navigating workplace interactions and reporting concerns.
  • Enhanced Understanding of Resources: Awareness sessions ensure employees’ awareness of the complaint redressal process and the Internal Complaints Committee (ICC).

We curate customised awareness sessions tailored to your organisation’s unique needs. Our experienced consultants and trainers ensure that these sessions are informative, engaging, and impactful.

PoSH Awareness Training: Objective, Module, Feedback, and Assessment

The primary objective of PoSH (Prevention of Sexual Harassment) awareness training is to educate employees about the PoSH Act, cultivating a safe and respectful workplace environment. These training sessions aim to:

– Increase employee understanding of the different forms of sexual harassment.

– Enhance employee understanding of the PoSH Act and its provisions.

– Equip employees with a clear understanding of their rights and obligations. 

– Educate on the procedures for reporting and addressing complaints.

– Cultivate a workplace culture built on mutual respect, equal opportunities, and a strong sense of security for all employees.

– Build awareness of the Internal Complaints Committee (ICC) and its role.

Modules:

  • Understanding Sexual Harassment: (Types, Examples, Case Studies)
  • Rights and Responsibilities under the PoSH Act
  • Bystander Intervention Strategies: Equipping employees with the knowledge and confidence to intervene effectively when they witness or suspect sexual harassment.
  • Reporting Mechanisms and the ICC Process: Providing clarity on the complaint filing process, confidentiality measures, and the role of the ICC.

Feedback and Assessment:

Interactive workshops and e-learning modules offered by The Outcast Collective incorporate feedback mechanisms. This allows us to gauge participant understanding and identify areas requiring further clarification. These also create a comprehensive and engaging training experience, ensuring all employees completely understand the PoSH Act. 

Internal Committee Training

Internal Committee (IC) training is a crucial element of PoSH compliance, ensuring that the members responsible for handling sexual harassment complaints are well-equipped to perform their duties effectively. This training empowers IC members with the knowledge and skills to conduct fair, unbiased, and thorough investigations. The primary objectives of IC training are to:

– Educate IC members on the legal framework and provisions of the PoSH Act.

– Develop skills for handling complaints sensitively and confidentially.

– Ensure fair and unbiased investigation and resolution of complaints.

– Equip IC members with the ability to provide support and redressal to aggrieved employees.

Importance of IC Training

Effective IC training equips ICC members with the tools to handle sensitive cases confidently. 

This translates into several key benefits:

  • Expertise Builds Confidence: Training delves into the intricacies of the PoSH Act, equipping ICC members to conduct impartial investigations, gather evidence objectively, and lead fair hearings. This knowledge boosts confidence in their ability to handle complex situations effectively.
  • Fairness for All: IC training emphasises maintaining objectivity and following due process. This ensures a fair and transparent investigation process that protects the rights of both the complainant and respondent.
  • Safeguarding Rights: This training equips ICC members to act as impartial investigators, upholding the rights of both the complainant and the respondent throughout the process. This includes the right to confidentiality for the complainant, and the right to be heard and presumed innocent for the respondent.
  • Organisational Protection: A well-trained ICC translates to a robust complaint redressal system. This minimises legal risks associated with mishandled investigations and demonstrates the organisation’s commitment to PoSH compliance. Ultimately, it promotes a culture of respect and trust within the workplace.

The Outcase Collective specialises in providing comprehensive IC training programs. Our experienced trainers ensure that your IC members are well-prepared to handle their responsibilities with professionalism and sensitivity. We tailor our training sessions to your organisation’s specific context, ensuring they effectively address your needs and empower you to cultivate a workplace environment built on respect and safety for all.

External Member Empanelment

Empaneling an external member of the Internal Complaints Committee (ICC) is a crucial requirement of the PoSH Act. This ensures impartiality, transparency, and expertise in handling sexual harassment complaints. Here’s a look at why external members are essential:

  • Impartiality: External members bring an objective perspective to the investigation and hearing process. They are not beholden to internal organisational dynamics or potential conflicts of interest within the company. This breeds a sense of fairness and trust for the complainant and respondent.
  • Diversity of Expertise: External members often possess specialised knowledge and experience in sexual harassment law, human resource management, or social work. This expertise can be invaluable in complex cases or navigating specific legal intricacies.
  • Enhanced Credibility: An external member demonstrates the organisation’s commitment to fair and transparent investigation procedures. This boosts confidence in the ICC’s ability to handle complaints objectively and effectively.
  • Fresh Perspective: External members offer a fresh perspective on investigation and hearing procedures, potentially identifying areas for improvement or streamlining processes. Their experience with diverse workplaces can also be valuable in ensuring the ICC operates with inclusivity and sensitivity.

Our PoSH Consultants and Advisors help organisations impaneling qualified external members for their ICC. Our team ensures that the external members we recommend are experienced and knowledgeable and align with your organisational values and requirements. This comprehensive approach ensures that your ICC is equipped to handle complaints with the highest standards of fairness and integrity.

Deploying PoSH Compliances for your Organisation:

TOC  recognises a cookie-cutter approach to PoSH compliance that falls short. We believe in tailored solutions that address the unique needs of your organisation. Our team, led by Rutuja, our Service Delivery Lead-PoSH, comprises legal and HR experts with extensive experience in PoSH law and implementation. We recognise that every organisation has a unique culture, size, and industry context. That’s why we take a custom approach to ensure your PoSH compliance strategy effectively addresses your needs.

Here’s how we can partner with you to create a tailored PoSH compliance solution:

  • Needs Assessment: We initiate our partnership with a thorough PoSH compliance assessment. This in-depth evaluation delves into your organisation’s current standing with the Act, the unique composition of your workforce, and any existing roadblocks you might be facing.
  • Gap Analysis: Based on the needs assessment, we identify any gaps in your current policies, procedures, or training programs.
  • Solution Development: Through a collaborative process with your team, we tailor a solution that bridges any identified compliance gaps. This may include drafting a gender-inclusive PoSH policy, designing targeted awareness workshops, or providing specialised ICC training.
  • Implementation Support: We don’t just create a plan; we support you in implementing it effectively. This may involve facilitating workshops, providing ongoing guidance, and developing communication materials.
  • Ongoing Support: Our commitment to your PoSH compliance continues after its implementation. We offer constant support to ensure your policies and procedures remain up-to-date and address any emerging needs within your organisation.

What more do we offer under PoSH Consulting Services?

Here are some of the specific services we offer to help you achieve and maintain PoSH compliance:

  • Drafting a Gender-Inclusive PoSH Policy: Our expert team crafts gender-neutral policies that fully comply with the most recent legal framework, ensuring all employees feel protected regardless of gender or sexual orientation.
  • Curated PoSH Awareness Workshops: We create interactive workshops tailored to your organisation’s size, industry, and workforce demographics. This ensures the content resonates with your employees and addresses any specific concerns they might have.
  • Comprehensive ICC Training: Our training programs equip your ICC members with the knowledge and skills to confidently handle complaints, promoting a fair and effective redressal process.
  • Engaging E-Learning Modules: We offer e-learning modules for flexible and accessible PoSH awareness training, catering to the diverse learning preferences of your workforce.
  • External Member Empanelment: We partner with a network of experienced professionals to serve as external members of your ICC, adding valuable expertise and impartiality to the complaint redressal process.

Partnering with The Outcast Collective: Your Trusted Ally in PoSH Compliance

By partnering with The Outcast Collective, you gain a devoted team of professionals passionate about creating safe and respectful workplaces. We understand the importance of PoSH compliance and are committed to helping your organisation achieve it in a way that aligns with your unique culture and values. 

Contact us via WhatsApp at +91-89280 21419 and together, let us work on cultivating a workplace where all employees feel empowered, valued, and free from sexual harassment.

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