Question 1

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

Accepted Answer

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.

Question 2

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

Accepted Answer

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.

Question 3

HOW DO WE KNOW IF SOMETHING IS HARASSMENT?

Accepted Answer

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.

Question 4

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

Accepted Answer

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.

Question 5

WHAT IF THERE'S AN ANONYMOUS COMPLAINT?

Accepted Answer

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.

Question 6

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

Accepted Answer

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

Question 7

IS A SLAP BETWEEN EMPLOYEES CONSIDERED HARASSMENT?

Accepted Answer

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.

Question 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

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

Question 10

IS THE POSH POLICY ONLY FOR WORKING WOMEN?

Accepted Answer

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.

Question 11

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

Accepted Answer

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.

Question 12

SHOULD WE DOCUMENT SEXUAL HARASSMENT COMPLAINTS?

Accepted Answer

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.

Question 13

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

Accepted Answer

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.

Question 14

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

Accepted Answer

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.

Question 15

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

Accepted Answer

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.

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