POSH TRAINING AND AWARENESS AT WORK PLACE

POSH TRAINING AND AWARENESS

1. PREVENT SEXUAL HARASSMENT of WOMEN AT WORKPLACE PREVENTION, PROHIBITION AND REDRESSAL – ACT, 2013 (POSH Act) WORKSHOP Department of Social Welfare & Women Empowerment Place: Date: 30.06.2022

2. Article 21 of the Indian constitution implies Each woman must be treated with due respect decency and dignity at the work place.

3. Factories Act, 1948 It served to assist in formulating policies with respect to occupational/safety & health in factories. Its mandatory provisions to employees are Working hours for women From 6 amto 7 pm Extra wages for overtime. First aid appliances Canteen/ Rest rooms/ Shelters Creches for child care Leave benefits including maternity leaves.

4. POSH Act Applies to all work places : Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey. It includes office premises, canteen facility, guest houses provided by the organisation, seminars, client or vendor offices etc.

5. Forms of Sexual Harassment Internal Committee to handle only Non- Criminal complaints Impact matters & not the intent of the complaint Criminal Physical contact or advances; A demand or request for sexual favours; Making sexually coloured remarks ; Showing pornography ; Any unwelcome physical, verbal or non-verbal conduct of sexual nature Non Criminal – Circumstances Explicit treatment in employment Threaten about the present or future employment status Creating hostile , intimidating or offensive work environment Insulting treatment likely to affect her health or safety

6. Prevention of Sexual Harassment Formation of two committees – Internal Committee (IC) & Local Committee (LC) Constitute IC with 4 members 50 % of the committee members must be women IC and LC Membership tenure not more than three years DSWO to form LC at district level District Collector to discharge functions under POSH Act, 2013 DSWO is the Nodal Officer to support the implementation

7. Constitution of Committees External member Profile - familiar with women issues with atleast five years of experience as a Social Worker Internal Committees: Responsibility with Head of Work

8. Constitution of Committees Local Committees: Responsibility with DSWO To be formed with the approval of District Collector To receive complaint from women working in an office having less than 10 workers I f the complaint is against the employer itself

9. Complaints of Sexual Harassment

10. Complaint of Sexual Harassment Complaint of sexual harassment at workplace to be given in writing to IC or the LC by aggrieved woman

11. Elements of the Complaint Complaint of sexual harassment at workplace to be given in writing to IC or the LC by aggrieved woman

12. Inquiry Process At a Glance

13. Overview of Inquiry Process Conciliation: On request, IC can settle through conciliation No monetary settlement as a basis of conciliation IC to provide copies of the settlement to the complainant & respondent

14. Inquiry into Complaint

15. Inquiry 1: Reply within 10 Days

16. Timelines for the Enquiry Redressal Time frame Submission of the Complaint Within 3 months of the Last Incident Notice to the respondent Within 7 days of receiving copy of the complaint Completion of Inquiry Within 90 days Submission of Report by IC/LC toemployer /DO Within 10 days of completion of the inquiry Implementation of Recommendations Within 60 days Appeal Within 90 days of the recommendations

17. Dos for Committee Dos: Create enabling meeting environment Use body language that communicates complete attention to the both parties Treat the complainant with respect Discard pre-determined ideas Determine the harm

18. Action during Pendency of Inquiry On written request made by the aggrieved woman IC or LC may recommend employer to Transfer aggrieved woman or the respondent to any other workplace or Grant leave to the aggrieved woman up to three months

19. Duties of Employer & Penalties

20. Duties of the Employer Provide a safe working environment Includes safety from the persons coming into contact at the workplace. Display penal consequences and order constituting IC members at any conspicuous place in the workplace Workshops and awareness programmes at regular intervals Sensitizing employees with the provisions of the Act Orientation programmes for IC members to enhance their skills to implement the Act. Display informal and formal ways for worker to address/complain about workplace sexual harassment. Monitor the timely submission of reports by the IC to the employer and the District Officer

21. Penalties Penalty of up to Rs. 50,000 for failure to - constitute Internal Committee act upon recommendations of the Committee; file an annual report to the District Officer as required; act upon employer’s repeated breach under the Act, Employer shall be subject to twice the punishment or Higher punishment if prescribed under any other law for the same offence

22. Be a Role Model Be vigilant of the work culture within the system. Do not ignore or encourage inappropriate behaviour. Address inappropriate behaviour IMMEDIATLEY. Be aware of unconscious biases. Do not retaliate or allow anyone to retaliate. Take inputs from IC members/ Senior colleagues.

23. Installation of safety Box To receive complaints of sexual nature, from women employees, keep Safety boxes in places ( near rest rooms, canteens, shelters etc.) Box should be transparent with 2 locks.( sample box displayed) One key should be with Ngo & other one should be with I C member. If any complaint received, IC member must be informed, to proceed with further enquiry.

24. To a Safe Workplace for Women Thank You!