Why Your Company Need Posh Policy

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Last Updated on January 22, 2019 by Legalseva.net

In an effort to enable a safe and inclusive workplace for women, the sexual harassment of women at workplace (prevention, prohibition and Redressal) act, 2013 and the rules therein were implemented.

Since the POSH laws are meant to protect every possible working women and give her the means to seek redressal on issues of workplace harassment, the scope of this law is very wide.

One of the key methods prescribed in training workplace culture in India is in many ways evolving. Consequently, boundaries of professional conduct are sometimes unclear, especially in close knit workgroups. The best way to prevent your workplace from becoming a hostile work environment is by emphasizing these boundaries.

In this regard, the POSH laws mandate every employer to train his employees about workplace sexual harassment by conducting awareness programmes and workshops so that employees are sensitised about the boundaries of acceptable and unacceptable behaviour and instances of unwelcome conduct.

This sexual harassment policy should be considered a starting point for setting up any company policies.

The SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their workplace. The act came into force on 9th December 2013. This statute superseded the VISHAKA GUIDELINES for prevention of sexual harassment introduced by Hon’ble Supreme Court of India.

Also Read- ANTI SEXUAL HARASSMENT TRAINING AND POSH COMPLIANCE

 

POLICY BRIEF AND PURPOSE –

This policy aims to protect men and women in company from unwanted sexual advances and give them guidelines to report an incident. Many company culture is based on mutual respect and collaboration. Sexual harassment is a serious violation of those principles.

Whereas sexual harassment result in violation of the fundamental rights of women to equality under article 14 and 15 of the constitution and her right to life and to live with dignity under article 21 and right to carry any profession or to carry any occupation , trade or business which includes right to safe environment free from sexual harassment.

 

SCOPE –

This policy applies to every person in company regardless of gender, sexual orientation, level, function, seniority, status or other protected characteristics. Employees,investors, contactors, customers and everyone interacting with the company are covered by the present policy.

Also Read- METOOMOVEMENT IN INDIA

 

POLICY ELEMENTS –

What is sexual harassment?

Sexual harassment has many forms of variable seriousness. A person sexually harasses someone when they:

  1. Insinuate, propose or demand sexual favors of any kind.
  2. Invade another person’s personal space
  3. Stalk,intimidate , coerce or threaten another person to get them to engage in sexual acts/
  4. Send or display sexually explicit objects or messages.
  5. Comment on someone’s look, dress.
  6. Make obscene comments, jokes or gestures that humiliate or offend someone
  7. Pursue or flirt with another person persistently without the other person’s willing participation.

 

Company rules on sexual harassment –

  1. No one has the right to sexually harass our employees.
  2. Sexual harassment is never too minor to be dealt with.
  3. Sexual harassment is about how we make others feel.
  4. We assume every sexual harassment claim is legitimate unless proven otherwise.
  5. We will not allow further victimization of harassed employees.
  6. Those who support or overlook sexual harassment are as much as fault as the offenders

 

Also Read- SEXUAL HARASSMENT OF WOMEN IN INDIA

How to report sexual harassment?

If you are being sexually harassed or suspect another person being harassed, please report it to HR, manager. In serious cases like sexual assault. please call the police and inform the HR that you plan to press charges. If you want to report sexual harassment case within any company, there are 2 options available:

  1. Ask for an urgent meeting with your HR and Manager. Once in the meeting explain the situation in as much detail as possible, if you have any hard evidence forward it or bring it with you to the meeting.
  2. Send your complaint via email. If you address it to your supervisor, please cc HR to email and attach any evidence or information that can be used in the investigation.

 

If any women report assault to the police, company will provide any possible support until the matter is resolved.

Inadvertent harassment –

Sometimes , people who harass others do not realise that their behaviour is wrong.

If any person suspects that someone doesn’t realise their behaviour is sexual harassment under the definition of this policy , let them know and ask them to stop. Do so via email so you can have records.

 

Disciplinary action –

Employees who are found guilty of sexual assault will be terminated after the first complaint and investigation.

Employees who are found guilty of sexual harassment the first time may:

 

  1. Be reprimanded and fined
  2. Get a below expectations performance review
  3. See expected promotions and/or salary increase freeze for a year.

Also Read- SEXUAL HARASSMENT COMPLAINT

Speak up, we listen –

Sexual harassment can exhaust those who endure it. Speaking up about this issue is often tough for fear of not being heard, upsetting the managers and challenging corporate culture.

Please don’t let these fears deter you. Company will do everything possible to stop sexual harassment and any other kind of harassment from happening. The company needs to know what is going on so it can take action on it. And by raising your voice on this issue, you help your company create a happy workplace and thrive.

For more info, please dial 99888-17966.

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