Preface:

The POSH Act is a legislation enacted by the Government of India in 2013 to address the issue of sexual harassment faced by women in the workplace. The act aims to create a safe and conducive work environment for women and provide protection against sexual harassment.

Unfortunately, even though implementing the POSH policy is mandatory for organizations with ten or more employees, about 90% of organizations in India are either unaware of it or escape the implementation. We at COL advocate putting the policy in place irrespective of any other factors to support the working women force in India with better & safer workplaces to work in.

This tool kit contains a set of tools designed to help and equip organizations to implement POSH policy. This tool kit was developed to provide easy access and understanding of the policy framework, templates and training so that organizations can have a seamless process to follow this mandatory act without compromising on any compliance-related factors. This tool kit also contains adaptable resources which support organizations for the prevention of harassment & redressal of complaints if any.

Guideline to Use Toolkit:

This toolkit is a practical & standard collection of information, resources, and tools designed to help users create plans, organize efforts and take actions based on specific practice standards. To optimize & simplify the use of this toolkit we advise the users to follow the following guidelines:

• Define your objective.
• Narrow the objective & take one step at a time to avoid any confusion.
• Make an implementation plan.
• Understand, this is teamwork.
• Make sure your objective is aligned with your organizational goals & work culture you are trying to build.
• Make sure to read and understand thoroughly before putting things into practice.
• Differentiate between negotiables & non-negotiables to have flexibility.

What is POSH ACT LAW 2013 ?

An Act to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment.

AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as the Convention on the Elimination of all Forms of Discrimination against Women, which was ratified on the 25th June 1993 by the Government of India.

AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for the protection of women against sexual harassment in the workplace.

1. Policy Development:

The first step for POSH implementation is to draft an internal POSH policy that includes sexual harassment policies, prevention systems, procedures, and service rules. The POSH policy also details the processes and steps it would take to implement POSH in the workplace.

a). Draft of sexual harassment survey among the employees

(This survey has been designed as a tool to gain detailed insights into the prevalence and nature of sexual harassment within your organization, aiming to enhance your understanding of the issue.)

We kindly request you to dedicate a few moments to participate in this confidential survey addressing sexual harassment within [COMPANY NAME]. Your input is invaluable in comprehending the nuances of this issue within our organization. Your openness is appreciated, and we guarantee the confidentiality of your responses.

Before filling out the survey please understand the following terms:

1. Verbal Harassment: When someone gives another person unwanted sexual attention through verbal, indirect conversation or noises.
2. NonVerbal Harassment: When someone gives another person unwanted sexual attention through written comments/conversations or actions at a distance.
3. Physical Harassment: When someone uses physical pressure or force to have sexual contact with another person against their will, e.g. groping, massaging, holding hands.
4. The workplace can be defined as:

• Onsite spaces: The permanent physical office space.
• Offsite spaces: The space where a particular project is executed.
• Online spaces: Any digital platform that an organization uses to communicate with employees.
• Work-related events: Any event related to work, eg: conferences, business trips, training etc.

 b). Anti-Sexual Harassment Policy:

(Uploaded in the other page)