This presentation was shared with participants of Yellow Spark's Coffee Learning Series which was held on December 22nd 2017 in Mumbai, India. The workshop was designed to provide an overview on The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. and to help companies develop a policy on Prevention and Addressal of Sexual Harrassment for thier company. Yellow Spark conducts periodic Coffee Learning Series in Mumbai. This power packed 2 hours of learning & interaction with top experts usually covers a key management subject essential for you to manage the people side of your business. All sessions our Coffee Learning Series are FREE but by invite only. To receive notifications & invite, please reach us - contact@yellowspark.in

1. How To Draft The *POSH Policy
(*Prevention Of Sexual Harassment)
Yellow Spark Learning Series
December 20th 2017

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• In India, almost 70% of the cases of sexual harassment are not reported
• Absence of a complaint on sexual harassment doesn’t mean absence of sexual harassment
• Just because it’s common doesn’t make it any less important
• If a formal complaint is missing, it may simply mean they think there is no point in
complaining because-
− “Nothing will be done about it…”
− “It will be trivialized”
− “What if it backfires…”
− “I will be subjected to ridicule”
− “Simply talking about it multiple times increases shame and vulnerability”
− “I may be made to feel it is my fault”
• Sexual harassment is not just about women although The Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and Redressal) Act, 2013 focuses only on the fairy sex
Background

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How the law on POSH came into existence?
1992
•Bhanwari Devi in
Rajasthan tried to
prevent child marriage as
part of her duties as a
worker of the Women
Development Programme
No justice
•To teach her a lesson the
land lords raped her
•Rapist went scot free
after fighting case in
Rajasthan High Court
1997
•Vishaka - a women’s
rights group filed a PIL in
Supreme Court
•Vishakha committee set
guidelines for employers
to prevent & address
sexual harassment of
women at workplace
Fundamental
Rights
•Right to equality
•Right to live with dignity
•Right to practice any
profession or to carry on
any occupation
•International human
rights- protect against
sexual harassment and
the right to work with
dignity

4. @youryellowspark www.yellowspark.in
The Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013
And hence came…

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Policy & Scope
Definitions
ICC
LCC
Reporting &
Addressal
Complain filing
Investigation
Addressal
Duties - Employer
Prevention
Communication &
Training
Penalty for non-
compliance &
Miscellaneous
Key aspects to be compliant with the law

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Key features of the POSH policy: Definitions
•A person employed at a workplace for any work on regular, temporary, adhoc or daily wage basis,
either directly or through an agent, including a contractor, with or, without the knowledge of the
principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise
Employee
•Person against whom allegation of sexual harassment has been made
Respondent
•Any place visited by the employee arising out of or during the course of employment including
transportation by the employer for undertaking such journey;
•Also includes “unorganised sector” where the enterprise employs less than ten employees
Workplace

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Key features of the POSH policy: Definitions
Sexual Harassment
•Physical contact and advances; or
•A demand or request for sexual favours; or
•Making sexually coloured remarks; or
•Showing pornography; or
•Any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
•Sexual Harassment of women in workplace is to a non-cgnizable act

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Key features of the POSH policy: Definitions
•Senior woman employee as a ‘Presiding Officer’ (3 years)
•Two members from amongst employees
•One member from non-govermental organisation (external)
•50% of members shall be women
ICC (Internal Complaints Committee)
•Every district office to have a Local Complaints Committee
•LCC receives complaints of sexual harassment where there is no ICC as number of employees are less than 10
and complaint is against the employer
•Reporting must be done in 7 working days
LCC (Local Complaints Committee)

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Key features of the POSH policy: Reporting and Addressal
•Written complaint to be filed to Presiding Officer by aggrieved woman or her legal hier or any other persons
within 3 months (extendable)
•ICC or LCC may, before initiating an inquiry under section 11 and at the request of the aggrieved woman take
steps to settle through conciliation (non monetary)
Complaint Filing
•For the purpose of the inquiry, ICC or LCC shall have the same powers as are vested in a civil court the Code of
Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:—
•(a) summoning and enforcing the attendance of any person and examining him on oath;
•(b) requiring the discovery and production of documents; and
•(c) any other matter which may be prescribed.
•The inquiry shall be completed within a period of ninety days
Investigation

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Key features of the POSH policy: Reporting and Addressal
•Basis written request from the aggreived woman, the ICC or LCC may grant paid leave, transfer the employee
or grant some relief
•Inquiry report to be filed by ICC or LCC to concerned parties within 10 days
Investigation
•Take action as a misconduct in accordance with the provisions of the service rules (code of conduct)
•Respondent to pay compensation to aggrieved woman with regard to: mental trauma, pain, suffering, and
emotional distress, loss in career opportunity due to the incident medical expenses incurred by the victim for
physical and psychiatric treatment
Addressal : Proved allegations

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Key features of the POSH policy: Reporting and Addressal
•Recommend to the employer that no action is required to be taken in the matter
Addressal: Allegations not Proved
•Take action in accordance to service rules
•A mere inability to substantiate a complaint or provide adequate proof need not attract action against the
complainant under this section
Addressal: Malicious / False allegations

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Key features of the POSH policy:Duties - Employer
•Provide for safe working environment including safety from third parties
•Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
•Monitor the timely submission of reports by the Internal Committee
Prevention
•Display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and
information on ICC / LCC
•Organise workshops and awareness programmes at regular intervals for sensitising the employees
•Orientation programmes for the members of the ICC
Communication & Training

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Key features of the POSH policy:Duties - Employer
•Punishable offence with fine upto Rs. 50,000
•In case of repeat offence by an employer – twice the punishment
•cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration
Penalty for Non - Compliance
•ICC & LCC to make an annual report and submit it to employer and District Officer
•Include in the annual report any cases filled and actions taken
•Government has the power to call for information and inspection of records
Miscellaneous

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Policy & Scope
Define
ICC & Member
details
Reporting & Addressal
Steps
Complaint Form
Format
Other enabling
employee policies
Duties - Employer
Your checklist
Penalty for non-
compliance &
Miscellaneous
Take away: Creating The POSH Policy

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• Always report cases of sexual harassment
• Maintain evidence of sexual harassment
• Encourage everyone in the workplace to intervene if they see abuse.
• You can report it even as a witness. Do remove any doubts or possibility of
misunderstanding before you do so.
• Get involved. Drop the thought: – it’s none of my business. It can happen to you.
• Never blame the victim for having caused the harassment.
• Harassment is in the eye of beholder. Don’t find intent, focus on impact.
• Change your behaviour suitably with each person you interact.
• Never joke about it or create confusion around boundaries acceptable to you.
• Have a culture of being assertive in terms of what is acceptable to you and what is not.
This is one area you need not fit in.
• Preventing sexual harassment is a collective responsibility and not an individual burden.
What if you find yourself in a spot?

16. About Yellow Spark
www.yellowspark.in

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About Us
Headquartered in Mumbai, INDIA, Yellow Spark is a management consultancy with an expertise in the people side of business. We
work as an extended think tank to our clients and help build a high performance work place through: Strategic Planning, Leadership
Development , Human Relationship Management.
Strategic
Planning
Leadership
Development Human Relationship
Management
Develop 2nd line of leadership and
implement succession plan powered by
our proprietary Matchstick Leadership ®
Workshop and FutureReady Leadership ©
development framework
Help clients to define their company DNA (vision,
mission, goals, and KPIs) and aligning their organisation
structure & strategic HR functions like recruitment,
reward, and retention to the company DNA
Help our clients strengthen HR function by services like
developing organisation policy, conducting HR audits,
Organisation climate surveys, Compensation and Benefits
benchmarking, and HR mentoring and coaching

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The problem-solver
Expertise in stakeholder management and
leadership development
Prior experience in IT
and Social sector
Has worked with brands such as Patni (now
Capgemini) in India, UK, and USA
BE (NIT Surathkal),
MBA (IIM Calcutta)
The change maker
Expertise in strategic planning,
communication and branding
Non-executive director on the board of
Social Access Communications Pvt Ltd.
Has worked with brands such as
Lowe Lintas
BMS graduate,
PG Diploma in Media & Advertising (Mumbai)
The peoples’ person
Expertise in people
and performance management
Cross industry
and Cross functional expertise
Has worked with brands such as Randstad
India and JobsForGood
Graduate in Life Sciences,
MBA – HR (Mumbai)
Co-Founders

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Our Past Assignments…
• We have worked across diverse industries such as International Captive BPO, Logistics, Media
& Entertainment, Floral Décor, Manufacturing, Digital Printing, Social Enterprises and Non-
Profit organisations.
• Types of projects:
Strategic Planning: Company DNA docket, Manpower planning & recruitment, Human
Resources strategy to support scale, Strategic Recruitment
Leadership Development: Matchstick Leadership® Workshops, Leadership engagement
programmes, People Management Skills Workshops, Executive Coaching Assignments
Human Relationship Management: Company Culture Mapping, HR audits, HR toolkit
development, Compensation and benefit survey, Development of HR processes and systems,
Development of SOP Manual, HR capacity building training, Organizational Climate Survey,
Policy development & Training - Prevention of Sexual Harassment at Workplaces (POSH), and a
variety of other strategic HR assignments

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Contact us
Yellow Spark conducts periodic Coffee Learning Series in Mumbai. This power packed 2 hours
of learning & interaction with top experts usually covers a key management subject
essential for you to manage the people side of your business.
All sessions our Coffee Learning Series are FREE but by invite only. To receive notifications &
invite, please reach us -
Email : contact@yellowspark.in
Phone : - +91 7045.177.037
Website : yellowspark.in

21. Thank you
‘The smallest of spark ignites the fire that lies deep inside you and
suddenly everything is possible’