DOES ALL ORGANIZATION NEED A PREVENTION OF SEXUAL HARASSMENT POLICY (POSH)?

Yes, even if you have just two employees, it's a must. It's required by the law called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

WHAT STEPS SHOULD WE TAKE TO PUT THE POSH POLICY IN PLACE?

Simple! Here are the steps:Clearly define what counts as sexual harassment.Set up a procedure for people to report and handle complaints.Create a team following the guidelines in the law.Tell your employees about the policy, conduct trainings.Make sure everyone knows how to prevent sexual harassment. If more than 10 employees, set up an ICC with external member.

HOW DO WE KNOW IF SOMETHING IS HARASSMENT?

If someone feels uncomfortable with words, actions, or gestures, it can be reported. The key is if it's 'UNWELCOME.' It is important to define the PoSH policy with sensitivity.

WHAT IF A COMPLAINT TURNS OUT TO BE FALSE OR UNTRUE?

Just having the POSH policy isn't enough. Have other policies too, like a code of conduct, whistle-blower, workplace harassment to deal with false complaints. PoSH also gives right to ICC to take an action against the complainant if the complaint turns out to be false.

WHAT IF THERE'S AN ANONYMOUS COMPLAINT?

Investigate quietly. If it's a legitimate complaint, ask the person affected to file a formal complaint so the policy can be enforced and further investigations can be conducted formally and with confidentiality.

WHAT IF WE DON'T HAVE A MANDATORY POSH POLICY?

Big risk! Penalties can include fines upto Rs 50,000 or more and even losing your business license.

IS A SLAP BETWEEN EMPLOYEES CONSIDERED HARASSMENT?

If the person slapped is female, yes, it's harassment under PoSH. Any physical violence between employees, male or female, needs attention. If the organisation has other enabling policies (such as bullying or harassment at workplace or a whistle-blowers policy or policy to deal with violence at workplace) then the matter can be taken up even if the same gender abuse is observed or reported.

HOW SHOULD WE RESPOND IF SOMEONE SAYS IT WAS JUST A JOKE?

If it's seen as harassment by the person complaining, it's still harassment. The law is clear, the impact matters not the intent.

WHAT IF AN EMPLOYEE OF MY ORGANIZATION IS ACCUSED BY SOMEONE FROM ANOTHER COMPANY?

The other organization of the female complainant will handle the investigation . You need to support the investigation from time to time.

IS THE POSH POLICY ONLY FOR WORKING WOMEN?

No, it covers all women at the workplace, including visitors , customers, contractors, internes and freelancers, basically, any woman who is visiting your workplace. Could be your direct employee, also an employee on a third-party payroll.

HOW CAN I GET HELP IN DRAFTING A POLICY FOR MY ORGANISATION?

You can take help from your legal or HR team. There are also experts like Lexlevel Services who can assist you in drafting and establishing a complete PoSH compliance program.

SHOULD WE DOCUMENT SEXUAL HARASSMENT COMPLAINTS?

Yes, it's crucial. You have to report the number and data of sexual harassment cases in your Annual Report. Documentation also safeguards you from future complaints of half-hearted investigation.

IF A WOMEN SEXUALLY HARASSES ANOTHER WOMEN, WILL IT BE CONSIDERED AS SEXUAL HARASSMENT UNDER POSH?

As per the provisions of the POSH Act, the accused party, referred to as the respondent, can be a man, a woman, or an individual of any gender against whom the complaint can be filed by the aggrieved women. It is not necessary that accused party is a man.

DOES POSH LAW APPLY IN WORK FROM HOME, WORKING REMOTELY OR FROM ANOTHER CLIENTâ€™S LOCATION?

POSH Act defines workplace asâ€¯â€œany place visited by the employee arising out or during the course of employment, including transportation provided provided by the employer for the purpose of commuting to and from the place of employmentâ€. When employees work from home or remotely or from client locations, there are official interactions of work and is there for the purpose of work, this makes that place a workplace.

IF A COMPANY IS ESTABLISHED OUTSIDE INDIA, BUT HAS A BRANCH IN INDIA, DO THEY STILL NEED A POSH POLICY AND PROCESS IN INDIA ?

Under PoSH Law, each organization established in India should have a PoSH Policy, and organizations with 10 or more employees should constitute an ICC â€“ Internal complaints committee and a PoSH compliance program for complaint filing, investigations and redressal.

Crafting Effective Company Policies: HR Guide with Lexlevel

Crafting Effective Company Policies: A Step-by-Step Guide for HR Professionals of Lexlevel

Introduction:

In today's changed world of business, it's important to have clear and thoughtful company policies that help everyone work together smoothly. HR folks are the ones who work on making these policies. They make sure the rules not only follow the law but also make our workplace a great and right place for everyone. This guide gives HR professionals helpful tips for making policies that really work.

Step 1: Understand your Organization

Before diving into policy creation, as a HR professional you have to go thoroughly understand the organization's culture, values it roots from which all the policies are derived. Your policies should reflect and support these aspects, ensuring alignment with the company's goals and principles. A deep understanding of the workplace environment will enable you to create such policies that resound with employees and contribute to a coordinated organizational culture.

Step 2: Identify Legal and Compliance Requirements

Compliance with local, state, and federal laws is a paramount task. As a HR professional you must stay updated on legal changes that affects your workplace. Engage legal counsel if required to ensure that company policies are in accordance with the latest regulations. This not only protects the organization from legal repercussions but also fosters a fair and equitable work environment. Legal compliance will help your company to avoid unnecessary legal complications for future.

Step 3: Emphasize to involve Stakeholders in the Policy Development Process

Inclusivity is crucial when crafting company policies. Involve key stakeholders such as employees, managers, and department heads in the policy development process. Their insights and inputs will provide a diverse perspective and increase the likelihood of policy acceptance and adherence of your company. Open communication channels to ensure that policies address real workplace issues and are viewed as fair and reasonable by all parties.

Step 4: Be articulate in your Policies

Each policy should have a clearly defined objective and scope. As a HR you have to outline the purpose of the policy, the specific behaviors it aims to address, and its intended impact on the organization. Clarity is essential to avoid misunderstandings and ensure that employees comprehend the expectations set forth in each policy.

Step 5: Be Simple
Effective communication is at the heart of successful policy implementation. Avoid jargon and use clear, simpler language that is easily understood by all employees. You can be specific in your points to avoid ambiguity. HR professionals should prioritize accessibility and consider providing policy summaries alongside the full text to enhance comprehension.

Step 6: Consistency is the Key
HR professionals should ensure that policies are applied uniformly across all departments and levels within the organization. Inconsistencies can lead to confusion and may undermine the credibility of the policies. Regular reviews and updates are necessary to maintain relevance and alignment with organizational goals.

Step 7: Establish a Comprehensive Communication Plan
The effectiveness of company policies depends on how well they are communicated to employees. HR professionals should develop a comprehensive communication plan that includes multiple channels such as employee handbooks, company intranet, and face-to-face meetings. Regular training sessions can also help employees understand the policies and address any queries they may have.
Step 8: Encourage Feedback from your employees
Company policies should not be static documents. HR professionals should establish mechanisms for ongoing feedback from employees and stakeholders. As a HR it is your responsibility to make sure that the feedbacks are honest and it is your responsibility that the reviews are kept confidential. Regular reviews of policies allow for adjustments based on changing organizational needs, industry trends, or legal requirements. This iterative process ensures that policies remain relevant and effective over time.
Step 9: Implement Effective Training Programs
Training is essential to ensure that employees fully understand and adhere to company policies. HR professionals should develop engaging training programs that cover the key aspects of each policy. This not only facilitates compliance but also reinforces the organization's commitment to a positive and inclusive workplace culture.

Conclusion:

Crafting effective company policies requires a strategic and collaborative approach. HR professionals play a crucial role in aligning policies with organizational values, legal requirements, and employee expectations. By following this step-by-step guide, HR professionals can create policies that contribute to a harmonious work environment, foster employee engagement, and ultimately support the overall success of the organization.