[30 Min Live Discussion with Experts] on ‘All you need to know about PoSH Compliances’; 3:30 to 4:00PM, September 2nd, 2022

Hello community members,

Hope you all are doing well.

It gives us immense pleasure to announce our next Greytribe live session, being conducted on September 2nd, Friday at 3:30PM to 4:00PM.

This time, there will be an exclusive 30 minutes of LIVE discussion thread with the Expert Ms. Chryslynn D’Costa, Co-Founder and Head of Research, Serein Inc. on the topic ‘All you need to know about PoSH Compliances’.

We thank each one of you for your continuous support and enthusiasm that you bring to the LIVE community session. Your support motivates us and we strive harder every time to come up with new, exciting and informative sessions. Much appreciated.

Requesting members to post your doubts/queries related to PoSH Compliances as comments on this post and get them answered by the Industry Expert on September 2nd, 2022.

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Hello community members,

Hope you all are doing well.

Join the upcoming Greytribe live session on 'All you need to know about PoSH Compliances’ and get all your queries answered by our expert Ms. Chryslynn D’Costa, Co-Founder and Head of Research, Serein Inc at 3:30pm to 4:00pm on September 2nd.

#greytHR #Greytribe #GreytribeLive #LiveSession #PoSHCompliances

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this is great.

can you send me the invitation to my email…

I received a notification but cannot register - do not know why.

Thanks

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Hi,

I am interested to join, please send me the link to register.

Thanks.

Best regards,

Ludymar Bernal

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Hi Ludymar,

Hope you are doing well.

Thanks for showing your interest. Do note that you do not need to register to be a part of this live session. Just visit this same post on the mentioned date/time and start posting your questions. Our expert will answer your queries. You can also feel free to post your questions in advance.

Regards,

Community Manager.

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Hi Kaulin,

Thanks.

Question:

Can you give the step by step guideline on how the POSH policy should be implemented
Is it a MUST to have a member of the ICC from outside the company
What if all employees of Male - is POSH mandatory or no

Thanks

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We are also in the midst of setting up POSH for our India Site. The following are my queries:

  1. There is an existing global policy on common types of harassments. Is it mandatory to have one specific to sexual harassments?
  2. As, POSH Act only covers women. Though policy be neutral, how can we defend male counterparts and complaints made by them?
  3. Can an overseas member be part of Internal Committee? Or is it mandate that she/he needs to be in India?
  4. There are mixed responses in onboarding external member to IC. What if there is no external member but internal legal is part of IC… Will I be still compliant ?
  5. The external legal firm says only < 10% of the organization has IC setup, So is it a mandate and how is the gravity of the law in TN?
  6. What if there are only 1 or 2 members are qualified to be in IC. What should we do, is it mandate to have 4 members?
  7. Can HR be an IC member?
  8. Can the member hold post more than 3 years, if there is none qualified for that?
  9. Is it 1 or 2 Annual reports to be filed? And who should file this? HR department or Statutory compliance personnel or External Members or in general IC members?
  10. What if there are bias within IC members…Can HR step in?
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Hi,

Are we going to receive the documentation for this?

Attended but needed to go due to some immediate concerns.

Thank you.

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Can you please send the recorded video

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Hey Ludy,

Hope you are doing well.

Are you referring to Live session or Parichay webinar? In case you are referring to Parichay webinar then yes we will upload the video on our Youtube channel. If you are referring to live session then you can always check this discussion thread anytime.

Kindly clarify the same.

Regards,

Kaulin

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Hey Akila,

Hope you are doing well.

Kindly confirm which recorded session video you are looking for.

Regards,

Kaulin

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Hello Community Members,

Let’s welcome today’s expert for the session, Ms. Chryslynn D’Costa, Co-Founder and Head of Research, Serein Inc.

She is the Co-Founder and Head of Research at Serein Inc. After studying Economics at St. Xavier’s College in Mumbai, Chryslynn joined the Gandhi Fellowship Program in Rajasthan that addresses educational leadership in rural government schools.

She graduated from Azim Premji University in Bangalore with a Master’s in Education. Her work at APU and in Rajasthan strengthened her interest and expertise on leadership, gender, diversity and inclusion. It has led her to understand the nuances of organisational culture and the workings of diverse teams.

Chryslynn serves as an external member to 50+ companies Internal Committee (IC) including Piramal Pharma, Kraft Heinz, Rocketium, Spotify and others.

We are thankful to her for joining our session today as the expert to share her views, expertise, thoughts and knowledge.

Once again, a very warm welcome to you Ms. Chryslynn.

We also open the session for questions after this post.

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Thank you for having me Kaulin.

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Thanks Ms. Chryslynn,

We would request you to start with @Ludy and @arshamercy queries first.

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1. There is an existing global policy on common types of harassment. Is it mandatory to have one specific to sexual harassment?

It is mandatory to have an India-specific policy in line with the Act. While the definition of sexual harassment is common, the redressal procedure, rights, range of corrective action and compensation clause is different in each country.

2. As, POSH Act only covers women. Though policy be neutral, how can we defend male counterparts and complaints made by them?

A company can choose to write a gender-neutral company policy and protect all female, male and transgender employees from sexual harassment in the workplace.

Additionally, you can also include the same clause of zero tolerance for sexual harassment in your CoC policy.

3. Can an overseas member be part of an Internal Committee? Or is it mandated that she/he needs to be in India?

The Act is silent on appointing a foreign national to the IC.

When appointing an IC member it is important to appoint a person who is sensitised to the social realities in India, who is available when the inquiry is ongoing, and who is accessible to employees who wish to reach out.

4. There are mixed responses in on boarding external members to IC. What if there is no external member but internal legal is part of IC… Will I still be compliant?

According to section 4 of the PoSH Act, an external member must be appointed who either has worked amongst non-government organizations committed to the cause of women or any person that is familiar with issues relating to women.

The external member is an essential part of any Internal Complaints Committee as they provide an unbiased, neutral perspective. They are not involved or aware of any Internal company politics and employee relationships, and thus base their opinions and findings on the presented facts and circumstances.

5. The external legal firm says only < 10% of the organization has an IC setup, So is it a mandate and how is the gravity of the law in TN?

An employer can be subjected to a penalty of up to INR 50,000/- for

  • Failure to constitute IC
  • Failure to act upon recommendations of the IC
  • Failure to file an annual report to the DO where required
  • Contravening or attempting to contravene or abetting contravention of the Act or Rules

Where an employer repeats a breach under the Act, they shall be subject to:

  • Twice the punishment or higher punishment if prescribed under any other law for the same offence.
  • Cancellation/Withdrawal/Non-renewal of registration/license required for carrying on business
  • All offences under the Prevention of Workplace Sexual Harassment Act are non-cognizable

6. What if there are only 1 or 2 members who are qualified to be in IC? What should we do, is it mandated to have 4 members?

It is important to select 4 members. The minimum quorum during a PoSH case enquiry/ meeting is 3.

7. Can HR be an IC member?

We do not recommend HR on the IC as sometimes employees cite this as company bias. However, it is understandable if HR is the only option if the company does not have any other female senior employees.

8. Can the member hold the post more than 3 years, if there is none qualified for that?

Preferably not. As per the letter of the law, it is advisable for a member to hold the post for only 3 years.

9. Is it 1 or 2 Annual reports to be filed? And who should file this? HR department or Statutory compliance personnel or External Members or in general IC members?

The Company is expected to file one annual report at the end of the year.

It is drafted on the company letterhead.

It is signed by the presiding officer, IC members and one director. It can be delivered in person or by post.

10. What if there is bias among IC members…Can HR step in?

In case of bias, the particular IC member can be replaced. An HR person can only step in if they are formally appointed to the IC. Else it is a breach of the confidentiality clause.

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1. Can you give a step-by-step guideline on how the POSH policy should be implemented?

According to the PoSH Act, all companies with more than 10 employees are expected to have the following in place

  • A company PoSH policy written in accordance with the Act
  • Appoint an Internal Committee (IC) with 1 external member
  • Display the policy and IC contact information on the office notice board
  • Conduct an awareness training for all employees every year between January to December
  • Conduct a capacity-building session for all IC members every year between January to December
  • File the annual report to the Deputy Officer at the end of every year

2. Is it a MUST to have a member of the ICC from outside the company

Yes, it is a legal mandate to have an external member on the POSH IC.

3. What if all employees of Male - is POSH mandatory or no

According to the PoSH Act, all companies with more than 10 employees are expected to implement PoSH. Even if the company has only male employees, you are still required to implement PoSH.

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What are the basic features of the PoSH Act?

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Surely. Just replied to the messages.

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In the year 2013, the Indian legislature adopted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

This Act is commonly known as the POSH Act.

The Act became the first legislation that was drafted to deal with workplace sexual harassment of women. It made the employer responsible for preventing, prohibiting, and offering due redressal when an incident of sexual harassment is reported in the workplace.

The POSH Act was drafted in a manner that would provide the utmost protection to any woman who faces sexual harassment either in the workplace or by any employee, client or even a third party contractor associated with her workplace.

Under the act sexual harassment is considered to be a violation of the fundamental rights of a woman that is inclusive of a woman’s right to live with dignity while performing any trade, profession, or business.

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Why is it important to spread awareness about PoSH?

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