POSH Training

In India, POSH (Prevention of Sexual Harassment) training for corporates is crucial for compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Corporates typically undergo different types of POSH training to ensure a safe workplace and to comply with the legal requirements. Here’s a breakdown of the types of POSH training available for corporates:

1.POSH Awareness Training

  • Target Audience: All employees, especially new hires.
  • Objective: To educate employees on the basics of the Sexual Harassment of Women at Workplace Act, 2013, including definitions, examples of sexual harassment, and the rights and responsibilities of employees.
  • Content:
    • What constitutes sexual harassment.
    • Types of sexual harassment: Physical, verbal, and non-verbal.
    • Employee’s rights and employer’s duties.
    • The process of reporting complaints.
  • Duration: Typically 2-4 hours.
  • Mode: In-person sessions, virtual workshops, or e-learning modules.

2. Advanced POSH Training for HR and Management

  • Target Audience: HR personnel, team leaders, and senior management.
  • Objective: To deepen the understanding of sexual harassment law, management’s role in fostering a respectful workplace, and how to handle complaints effectively.
  • Content:
    • Legal responsibilities of employers and managers.
    • How to manage complaints and investigations.
    • Creating a harassment-free culture.
    • The role of managers in addressing complaints and supporting the Internal Complaints Committee (ICC).
  • Duration: 1-2 days.
  • Mode: Workshops, seminars, webinars.

3. POSH Training for Internal Complaints Committee (ICC) Members

  • Target Audience: Members of the Internal Complaints Committee (ICC), as required under the POSH Act.
  • Objective: To train ICC members on how to handle complaints, conduct investigations, and maintain confidentiality.
  • Content:
    • Overview of the POSH Act.
    • Detailed procedure for handling complaints and conducting inquiries.
    • Maintaining confidentiality and privacy.
    • Ensuring impartiality and fairness in investigations.
    • Reporting and documentation requirements.
  • Duration: 1-2 days.
  • Mode: In-depth in-person or virtual training sessions

4. POSH Training for Remote/Hybrid Work Environments

  • Target Audience: Employees working in remote, hybrid, or virtual environments.
  • Objective: To address challenges related to online harassment and maintaining a safe remote work culture.
  • Content:
    • How sexual harassment can manifest in online communications (emails, video calls, chat platforms).
    • Guidelines for appropriate virtual behaviour.
    • Reporting mechanisms for remote employees.
    • Steps to foster respect and inclusion in virtual teams.
  • Duration: 1-2 hours.
  • Mode: Virtual training sessions, webinars.
  • Target Audience: In-house legal teams, legal consultants, and compliance officers.
  • Objective: To provide legal teams with an understanding of the POSH law, its application, and the organization’s legal obligations.
  • Content:
    • Understanding the legal framework of the POSH Act.
    • Legal implications of non-compliance.
    • How to deal with legal challenges and case studies.
    • How the law is evolving (including judicial precedents).
  • Duration: 1-2 days.
  • Mode: Workshops, in-depth legal briefings.

6. POSH Training for Top Leadership (Board of Directors, CEOs, etc.)

  • Target Audience: Top executives, CEOs, and members of the board of directors.
  • Objective: To ensure that top management understands the importance of compliance and leads by example in implementing POSH policies.
  • Content:
    • Understanding the strategic role of leaders in promoting a POSH-compliant culture.
    • Developing an organizational strategy for sexual harassment prevention.
    • The role of leadership in overseeing the ICC and addressing complaints effectively.
  • Duration: 2-4 hours.
  • Mode: Boardroom discussions, tailored leadership training sessions

7. POSH Refresher/Review Training

  • Target Audience: Employees, HR, and management (as a follow-up to initial training).
  • Objective: To refresh knowledge and keep all stakeholders updated on the latest policies, guidelines, and legal updates related to POSH.
  • Content:
    • Recap of the core principles of the POSH Act.
    • Reviewing real-life case studies and lessons learned.
    • Addressing any gaps or concerns raised since the initial training.
    • Updates on any amendments to the POSH law.
  • Duration: 1-2 hours.
  • Mode: Short sessions, e-learning, or webinars.

8. POSH Custom Training for Specific Departments

  • Target Audience: Specific departments or teams such as sales, marketing, etc.
  • Objective: To tailor POSH training to the specific needs of different departments that may have unique work dynamics or challenges related to sexual harassment.
  • Content:
    • Role-specific issues that might arise in different contexts (e.g., external client interactions, business travel).
    • Understanding how harassment can manifest in specific industries.
  • Duration: Flexible.
  • Mode: Department-specific workshops or virtual training

9. POSH Online Courses and E-Learning Modules

  • Target Audience: Employees and corporates looking for flexible, scalable training solutions.
  • Objective: To provide an easily accessible, self-paced learning option for employees, especially in large organizations.
  • Content:
    • Interactive lessons on the POSH Act.
    • Quizzes, case studies, and scenarios.
    • Certification upon completion.
  • Duration: 1-3 hours.
  • Mode: Online courses, webinars, and digital platforms

Conclusion:

POSH training in India is essential for all organizations to comply with the law and create a safe and respectful working environment. The types of training vary based on the audience and their roles within the organization, ranging from awareness training for all employees to specialized training for ICC members, legal teams, and top leadership. Training can be delivered through in-person sessions, online courses, or webinars, depending on the needs of the company.

POSH Cases

In corporate settings in India, POSH (Prevention of Sexual Harassment) cases are handled under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The Act defines sexual harassment, outlines the procedures for filing complaints, and mandates the establishment of Internal Complaints Committees (ICC) to address grievances. POSH cases in corporates typically fall into various categories, based on the nature of the harassment, the parties involved, and the context in which the harassment occurred.

Here are the types of POSH cases that commonly arise in corporate environments in India:

1. Physical Harassment

  • Description: Involves any unwelcome physical contact or advances such as groping, pinching, or unwanted hugging.
  • Examples:
    • A male employee repeatedly touches a female colleague inappropriately during work hours.
    • An employee cornering a colleague in a confined space with physical proximity.
  • Legal Basis: Constitutes a direct violation of the POSH Act, which considers any unwelcome physical conduct of a sexual nature as harassment

2. Verbal Harassment

  • Description: Involves unwelcome comments, jokes, or discussions of a sexual nature.
  • Examples:
    • Making sexually explicit jokes or comments about a colleague’s appearance.
    • Repeatedly discussing a colleague’s private life in a sexually suggestive way.
  • Legal Basis: The POSH Act recognizes verbal harassment as a form of sexual harassment that creates a hostile work environment.

3. Non-Verbal Harassment

  • Description: Involves actions that are sexually suggestive but do not involve direct verbal or physical contact, such as gestures, body language, or displays of sexually explicit material.
  • Examples:
    • Leering or making suggestive facial expressions.
    • Displaying sexually explicit pictures or videos on a computer screen or in the workplace.
  • Legal Basis: The Act includes non-verbal harassment as a form of harassment, particularly if it impacts the working environment and the dignity of the individual.

4. Quid Pro Quo Harassment

  • Description: This type of harassment occurs when a superior (usually a manager or senior employee) demands sexual favours from a subordinate in exchange for professional benefits (e.g., job promotion, salary raise, or retention).
  • Examples:
    • A senior employee offers a promotion to a junior employee in return for sexual favours.
    • A manager threatens to harm an employee’s career if they refuse sexual advances.
  • Legal Basis: Considered one of the most severe forms of sexual harassment under the POSH Act.

5. Workplace Retaliation

  • Description: Involves any punitive action taken against an employee after they report sexual harassment, such as being passed over for promotions, job reassignment, or being subjected to hostile work conditions.
  • Examples:
    • An employee who reports harassment is demoted or excluded from key projects.
    • Colleagues ostracize or isolate an employee after they file a complaint.
  • Legal Basis: Retaliation is prohibited under the POSH Act, and employers must ensure protection for complainants against retaliation.

6. Harassment Through Social Media or Digital Platforms

  • Description: Harassment that occurs through social media platforms, emails, text messages, or other digital communication tools.
  • Examples:
    • Sending sexually explicit or suggestive emails or messages to a colleague.
    • Posting inappropriate comments or content about a colleague on social media platforms.
  • Legal Basis: The POSH Act applies to both offline and online harassment, including harassment through electronic means.

7. Gender Discrimination Harassment

  • Description: Involves unwelcome comments or behaviour that are discriminatory on the basis of gender and can create an intimidating, hostile, or offensive work environment.
  • Examples:
    • Making derogatory comments about a female employee’s capabilities due to her gender.
    • Denying a woman the opportunity for training or advancement purely on the basis of her gender.
  • Legal Basis: Gender-based harassment is considered a violation of both the POSH Act and the principle of equality under the Indian Constitution.

8. Harassment by a Customer or Client

  • Description: When sexual harassment originates from external parties such as clients, customers, or vendors, and affects the employee in a corporate setting.
  • Examples:
    • A client makes inappropriate sexual comments towards an employee during a meeting.
    • A customer makes unwelcome advances or gestures towards a service provider or sales employee.
  • Legal Basis: The POSH Act mandates that the employer is responsible for providing a safe work environment, including addressing harassment from clients or customers.

9. Harassment During Business Travel

  • Description: Harassment that takes place when employees are on business trips, often when they are away from their regular work environment.
  • Examples:
    • A senior employee makes unwanted sexual advances during a business trip.
    • An employee is harassed in hotel rooms or during work-related social events while traveling.
  • Legal Basis: The POSH Act’s protections apply to harassment that occurs during work-related travel, as employees are considered to be in the workplace during business trips.

10. Hostile Work Environment

  • Description: When the work environment is made unbearable due to repeated instances of sexual harassment, whether physical, verbal, or non-verbal, leading to a feeling of intimidation or humiliation.
  • Examples:
    • A consistent pattern of inappropriate comments, jokes, or behaviours that affect an employee’s ability to work comfortably.
    • An atmosphere where employees feel that harassment is being ignored or tolerated by the employer.
  • Legal Basis: A hostile work environment falls under the definition of sexual harassment in the POSH Act when it affects the work conditions of the employee.

11. False Complaints or Malicious Allegations

  • Description: A situation where an employee may falsely accuse another of sexual harassment with malicious intent or for personal gain.
  • Examples:
    • A person files a harassment complaint without merit, intending to harm the reputation or career of the accused.
  • Legal Basis: While the POSH Act encourages legitimate reporting, it also includes safeguards against false complaints. Employers must investigate allegations fairly and impartially.

Conclusion:

POSH cases in India in corporate settings vary in nature, from direct physical harassment to subtle verbal and non-verbal offenses. The POSH Act, 2013 mandates that organizations establish an Internal Complaints Committee (ICC) to investigate and resolve complaints. All types of harassment, whether physical, verbal, online, or involving external parties like clients, fall under the purview of the Act, ensuring comprehensive protection against harassment at the workplace.

It is important for corporates to regularly train employees, establish clear reporting mechanisms, and foster a zero-tolerance policy towards harassment to ensure compliance with the law and the safety and dignity of all employees.

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