Certification Workshop for Expertise on POSH

6 – 7 May 2021 – Certification Workshop for Expertise on POSH

POSH Law has seen several updates in the last couple of months. As a capacity building exercise and with a mission to update and train Internal Committee (IC) members about their role & responsibilities and the important elements of the compliance under the POSH Act, we are conducting a One Day Certificate Program on 6th May 2021. As several IC members have also requested to be assessed based on the workshop, for those looking for assessment, we are also conducting a test & follow up session on 7th May 2021.

This will be a Virtual Program and will be conducted via Webinar. The program, among other things, will broadly focus on:

  1. What if complaints are raised against outsiders (strangers or employees of other organizations)? – Tracking respondents with respect to online instances
  2. Can transgender persons complaint? Does Transgender Persons Law have any role? Can parties be of same gender?
  3. Sexual harassment vs. sex discrimination: is there a difference?
  4. What does a workplace mean? Does it cover electronic communications? Does it cover unofficial employee gathering?
  5. Recording statements and summarizing statements: Method and tips
  6. What if parties and IC members speak different languages?
  7. Timelines and meeting timelines – What if the parties or IC members suffer from COVID or technical challenges? Can 90 days period be overlooked?
  8. Can IC take any steps if there is no evidence or a ‘He’ said ‘She’ said scenario?
TIME TOPIC METHODOLOGY
Certificate Workshop – 6th May 2021
10:00am – 11:00am INTRODUCTION TO LAW Introduction to the Law
  • Understanding Employer’s responsibilities under Law, its importance & consequences of non-compliance
  • Composition, appointment, removal & term of office of Internal Committee (IC) – Do’s & Don’ts for remote working
  • The importance of following process prescribed by Law
  • Role of IC members & HR in assisting Employer in fulfilling the same
  • Managing multiple roles of mentor, manager, colleague, employee
  • Identifying challenges faced
  • Introduction to redressal mechanism
Case laws and Discussions
11:00am – 1:00pm INTRODUCTION TO SEXUAL HARASSMENT Introduction to the concept of Sexual Harassment
  • Sexual Harassment: Types & Criteria
  • Workplace harassment vs. sexual harassment
  • Sexual harassment vs. sex discrimination: is there a difference?
  • Consent, Sexual harassment & relationships
  • Nature of complaints you get and how to identify if it’s a sexual harassment complaint?
  • Impact on involved parties
Understanding concepts & various scenarios using – activities, videos, real life examples, case studies and case laws
LUNCH (1:00pm – 2:00pm)
2:00 pm – 2:30 pm INTRODUCTION TO COMPLAINANT & RESPONDENT Introduction to other important concepts under Law
  • Who can file a complaint?
  • Can transgender persons complaint? Does Transgender Persons Law have any role?
  • Who is an employee?
  • Can parties be of same gender?
  • What if complaints are raised against outsiders (strangers or employees of other organizations)? – Tracking respondents with respect to online instances
  • What does a workplace mean? Does it cover electronic communications? Does it cover unofficial employee gathering?
  • Types of complaints
  • Against whom can you receive complaints?
  • Understanding redressal mechanism under Law
  • Assistance in filing the complaint
Understanding concepts & various scenarios using real life examples, case studies and case laws
2:30 pm – 5:00 pm ROLE AS FIRST RESPONDER AND REDRESSAL MECHANISM – DEALING WITH PRACTICAL CHALLENGES & DRAFTING OF INQUIRY REPORT Role as the first responder
  • What to do when any individual reaches out to you?
  • Awareness of individual differences in dealing with SH
  • What if the caller / complainant states that they are being stalked / threatened?
  • What if the caller / complainant breaks down and cries or there are other mental health concerns?
  • What if the caller / complainant wants to file a complaint with Police?
  • What to do when you cannot identify nature of complaint?
  • What if one does not know how to write a complaint?
Redressal mechanism and dealing with other challenges
  • Process of Conciliation & things to keep in mind
  • Process of Inquiry – how and what to ask
  • Evidence: What is admissible, What is NOT?
  • Witness: How to examine and cross-examine?
  • Principles of natural justice: what does that mean in the real world
  • Recording statements and summarizing statements: Method and pointers for both forms.
  • What if parties and IC members speak different languages?
  • Transitioning from virtual to hybrid and back to virtual – Overcoming challenges such as – connections, confidentiality, continuity etc,
  • Timelines and meeting timelines – what if the parties and IC members suffer from Covid or technical challenges? Can 90 days period still be overlooked?
  • Service rules and standing orders, drafting of charge sheet and representation for the Respondent as per service rules.
  • Handling difficult situations – such as party or parties seeking change in composition of IC members, Filing of defamation cases, IC discovering other administrative concerns or ethical violations during inquiry etc.
Inquiry report, challenges & do’s & don’ts
  • Discussion on malicious complaints
  • Can IC take any steps if there is no evidence or a ‘He’ said ‘She’ said scenario?
  • Discussion on preparation of an inquiry report along with recommendations
  • Proportionality & recommendations – How does the IC determine the same?
  • Drafting of inquiry report
  • Red Flags: Common lapses & Tips
  • Do’s & Don’ts
Understanding concepts & various scenarios using real life examples, case studies and case laws
COMPLIMENTARY GIVE AWAYS
  1. A power point presentation for quick reference
  2. Do’s and Don’ts and things to keep in mind
  3. Checklist for compliance
  4. Checklist for timelines
  5. Booklet containing Guidelines on the law
  6. Certificate of Participation by POSH at Work
INR 5,000/- (+Taxes) for the workshop and the abovementioned giveaways
Assessment & Discussion – 7th May 2021
Post the workshop, Assessment will be conducted. Results will then be analyzed by POSH at Work Team. INR 5,000/- (onetime fee)
7th May 2021 Discussion regarding the assessment
ADDITIONAL GIVEAWAYS
  1. FAQs
  2. Detailed notes on how to conduct an inquiry – step by step process
  3. List of case laws to keep in mind
  4. Templates such as:
  • Emails to be sent to involved parties
  • Emails to be sent during pendency of inquiry
  • Minutes of the meeting
  • Report related to conciliation

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