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 roles and responsibilities and the important elements of compliance under the POSH Act, we are conducting a one-day certificate program on May 6, 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 and follow-up session on May 7, 2021.
This will be a Virtual Program and will be conducted via Webinar. The program, among other things, will broadly focus on:
- What if complaints are raised against outsiders (strangers or employees of other organizations)? – Tracking respondents with respect to online instances
- Can transgender persons complaint? Does Transgender Persons Law have any role? Can parties be of same gender?
- Sexual harassment vs. sex discrimination: is there a difference?
- What does a workplace mean? Does it cover electronic communications? Does it cover unofficial employee gathering?
- Recording statements and summarizing statements: Method and tips
- What if parties and IC members speak different languages?
- Timelines and meeting timelines – What if the parties or IC members suffer from COVID or technical challenges? Can 90 days period be overlooked?
- 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 |
- A power point presentation for quick reference
- Do’s and Don’ts and things to keep in mind
- Checklist for compliance
- Checklist for timelines
- Booklet containing Guidelines on the law
- 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 |
- FAQs
- Detailed notes on how to conduct an inquiry – step by step process
- List of case laws to keep in mind
- 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
|
