Introduction
This workshop will give an in-depth knowledge of the legal, constitutional, and legislative aspects of POSH Act & Rules, and participants would be able to constitute the Internal committee, design the POSH policy, conduct and steer the enquiry in a fair & legal process, and settle the PoSH complaints within organisation.
The program has been designed to equip the HR Heads, Senior HR Leaders and ICC Members to update them about the complete compliance requirements under the Act/ Rules, handling of PoSH Complaints and Conducting the Inquiry.
Program Objectives:
- Understanding the Key concepts – What it is & what not, what is a Workplace and who is an Aggrieved Woman.
- Registering a complaint – Who, When & How.
- Constitution of Internal Complaints Committee – Presiding Officer, Internal members and External members, quorum
- Powers of ICC to summon, record evidence and give recommendations.
- Conducting Enquiry – steps in enquiry and principles of natural justice.
- Conciliation and settlement of the cases.
- Duties of an Employers as prescribed under the Act/ Rules
- Dealing with false and malicious complaints
- Penalties and Fines under PoSH Act and Rules
- Supreme Court & High Court Cases on PoSH including recent judgement of Bombay High Court on maintaining confidentiali ty.
Course Content
Session I – PoSH Act and Legal Framework
- The Genesis of the Act & Rules Vishakha guidelines.
- Key Provisions of the Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules.
- UN conventions and other legislations on the subject
Session II – Internal Complaint Committee
- Who is an aggrieved woman?
- Behaviors and scenarios
- Types: Quid pro quo & hostile work environments.
- Forms: physical, Verbal, Non-verbal, as well as Virtual Harassment
- What constitutes a workplace? The extended workplace.
- Internal Complaint Committee: composition, role and responsibilities, dos and don’ts
Session III – Handling POSH Complaints and Conducting Enquiries
- Filing of Complaints: Who and Against Whom? Process & Procedure, False & Malicious Complaints
- Conducting fair and independent Investigation under PoSH
- Settlement of PoSH Complaints
- Principles of Natural Justice to be adopted in PoSH Enquiries
- Report Writing and Recommendations of the Internal Committee
- High Court & Supreme Court Cases and Landmark Decisions
Session IV – Obligation of Employers & Compliances under POSH
- Preventive Authorities and Mechanisms under the Act and Rules
- Role and Responsibilities of Internal Committee/ District Officer
- Obligation of Employers and Employees under the POSH Act
- Filing of statutory reports and Annual Returns
- Writing Company-specific POSH Policy
- Offenses and Penalties under the Act and Rules.