Drafting of POSH Policy

By CS Riya Sharma
Certified POSH Trainer at Pink & Blue-
A Symbiotic Living
MOB 8387975662
csriyasharma6@gmail.com
1. Introduction

 This policy has been framed in accordance with the provisions of “The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013” and rules framed thereunder (hereinafter “the Act”). Accordingly,
while the policy covers all the key aspects of the Act, for any further
clarification reference shall always be made to the Act and the provisions of
the Act shall prevail.
 2. OUR MOTTO

1. treat each other with respect and dignity.

2. Fair recruitment of competent and
motivated people
3. respect our values
4. provide equal opportunities for their
development and advancement;
5. protect their privacy and do not tolerate
any form of harassment or
discrimination.
3. Definitions
Roles & Responsibilities

Roles and
Responsibilities

Responsibilities Responsibilities
of Individual of Managers:
Internal Complaints Committee (Henceforth known
as ‘committee’)

 To prevent instances of sexual harassment and to receive and effectively deal with
complaints pertaining to the same, an "Internal Complaints Committee" is constituted at
each location.
 The detail of the committee is notified to all covered persons at the location
(workplace).
 The committee at each location comprises of:
 Presiding Officer: A woman employed at a senior level in the organization or workplace
 At least 2 members from amongst employees, committed to the cause of women and or
having legal knowledge
 One external member, from amongst non-governmental organisations or familiar with
the issues relating to sexual harassment
 At least one half of the total members is women
Internal Complaints Committee (Henceforth known
as ‘committee’)

The committee is responsible for:

 Receiving complaints of sexual harassment at the workplace
 Initiating and conducting inquiry as per the established procedure
 Submitting findings and recommendations of inquiries
 Coordinating with the employer in implementing appropriate action
 Maintaining strict confidentiality throughout the process as per established
guidelines
 Submitting annual reports in the prescribed format
Lodging a Complaint

 The complainant needs to submit a detailed complaint, along with any documentary evidence
available or names of witnesses, to any of the committee members at the workplace.
 The complaint must be lodged within 3 months from the date of incident.
 The Committee can extend the timeline by another 3 months for reasons recorded in
writing, if satisfied that these reasons prevented the lodging of the complaint.
 Provided that where such a complaint cannot be made in writing, the Presiding Officer or any
Member of the Internal Complaint Committee shall render all reasonable assistance to the
women for making the complaint in writing.
 If the aggrieved woman is unable to lodge the complaint in account of her incapacity, the
following may do so on her behalf, with her written consent.
 -  Legal heir, relative or friend
 -  Co-worker
 -  Any person having the knowledge of the incident
Receiving a Complaint (guidelines)
Dealing with incidents of harassment is not like any other type of dispute. Complainants may be

embarrassed and distressed and it requires tact and discretion while receiving the complaint .
The following points are kept in mind by the receiver of the complaint:
 Complaint are listened to and the complainant assured that the Company
takes the concerns seriously.
 Complainant is informed that these concerns will be reported to the
appropriate committee and follow up will be done speedily
 Situation are not be pre-judged.
 Written notes are taken while listening to the person.
Receiving a Complaint (guidelines)
Dealing with incidents of harassment is not like any other type of dispute. Complainants may be

embarrassed and distressed and it requires tact and discretion while receiving the complaint .
The following points are kept in mind by the receiver of the complaint:
 Complainant is allowed to bring another person to the meeting if they wish.
 When taking accurate notes, complainants own words, where possible, is used.
 Clear description of the incident in simple and direct terms is prepared and details are confirmed
with the complainant.
 All notes are kept strictly confidential.
 Complainant’s agreement is taken to allow proceeding with the matter, which involves a formal
investigation.
 The complainant is advised that although the process is confidential, the respondent needs to be
informed and any witnesses and persons directly involved in the complaint process will also learn
of the complainant’s identity
 Care is taken to prevent any disadvantage to or victimization of either the complainant or the
respondent
Resolution procedure

Resolution
procedure

through
through
formal
conciliation
inquiry
Resolution procedure through conciliation

 Once the complaint is received, before initiating the inquiry the committee may take
steps to conciliate the complaint between the complainant and the
respondent. This is only if requested by the aggrieved woman.
 It is made clear to all parties that conciliation in itself doesn’t necessarily mean
acceptance of complaint by the respondent. It is a practical mechanism through which
issues are resolved or misunderstandings cleared.
 In case a settlement is arrived at, the committee records & reports the same to the
employer for taking appropriate action. Resolution through conciliation happens within
2 weeks of receipt of complaint.
 The committee provides copies of the settlement to complainant & respondent. Once
the action is implemented, no further inquiry is conducted
Resolution procedure through formal inquiry Conducting Inquiry

The committee initiates inquiry in the following cases:

 No conciliation is requested by aggrieved woman
 Conciliation has not resulted in any settlement
 Complainant informs the committee that any term or condition of the settlement
arrived through conciliation, has not been complied with by respondent

The Committee proceeds to make an inquiry into the complaint within a period of 1
week of its receipt of the original complaint/closure of conciliation/repeat complaint.
Interim relief

During pendency of the inquiry, on a written request made by the complainant, the committee
may recommend to the employer to -
 Transfer the complainant or the respondent to any other workplace

 Grant leave to the aggrieved woman of maximum 3 months, in addition to the leave she
would be otherwise entitled
 Prevent the respondent from assessing complainant’s work performance •
 Grant such other relief as may be appropriate

Once the recommendations of interim relief are implemented, the employer

will inform the committee regarding the same
Inquiry procedure

 All proceedings of the inquiry is documented.

 The Committee interviews the respondent separately and impartially.
 Committee states exactly what the allegation is and who has made the allegation.
 The respondent is given full opportunity to respond and provide any evidence etc.
 Detailed notes of the meetings are prepared which may be shared with the respondent and
complainant upon request.
 Any witnesses produced by the respondent are also interviewed & statements are taken.
 If the complainant or respondent desires to cross examine any witnesses, the Committee
facilitates the same and records the statements.
 In case complainant or respondent seeks to ask questions to the other party, they may give
them to the Committee which asks them and records the statement of the other party.
 Any such inquiry is completed, including the submission of the Inquiry Report, within 90 days
from the date on which the inquiry is commenced.
 The inquiry procedure ensures absolute fairness to all parties.
Termination of Inquiry

 Committee may terminate the inquiry or give ex-parte decision, if

complainant or respondent respectively is absent for 3 consecutive hearings,
without reason.
 15 day written notice to be given to the party, before termination or ex-parte
order
Considerations while preparing inquiry report

While preparing the findings/recommendations, following are considered:

 Whether the language used (written or spoken), visual material or physical behavior was
of sexual or derogatory nature
 Whether the allegations or events follow logically and reasonably from the evidence
 Credibility of complainant, respondent, witnesses and evidence
 Other similar facts, evidence, for e.g. if there have been any previous accounts of
harassment pertaining to the respondent
 Both parties have been given an opportunity of being heard
 A copy of the proceedings were made available to both parties enabling them to make
representation against the findings
 A copy of the final findings is shared with the complainant and the respondent to give
them an opportunity to make a representation on the findings to the committee
Action to be taken after inquiry

 Post the inquiry the committee submits its report containing the findings and
recommendations to the employer, within 10 days of completion of the
inquiry.
 The findings and recommendations are reached from the facts established
and is recorded accurately.
Final decision

Decision

Complaint Complaint
unsubstantiated substantiated
Appeal

 Any party not satisfied or further aggrieved by the implementation or non-

implementation of recommendations made, may appeal to the appellate
authority in accordance with the Act and rules, within 90 days of the
recommendations being communicated.
THANK YOU