Bhartiya Akhil
183

Dear Seniors, I am seeing number of profiles with Certified POSH Trainer or Certified POSH Professional.
I will be highly obliged if someone reply to my following questions:
1. What is (or who are) the POSH certified trainer or POSH certified professional?
2. Who is the assigned authority to issue such kind of certification and to whom?
3. What is the criteria for such certification? and
4. Under what Law and what section this certification is granted?

From India, Mumbai
Kritarth Consulting
200

No Certification is required by or under SHWW (P,P &R) Act 2013 and the SHWW (P,P &R) rules framed thereunder and gazetted on 9.12.2013. The Ministry of Women & Child Development has some NAames & Particulars of Few Agencies claiming they Possesss Competencies to Provide Services in Sexual Harassmnt of Wman at Workplace Domian.
The Judgements of High Courts and our Honb'le Supreme Court relating to improper Functioning of Few Internal Committees give a Very different far from befitting picture. Less siad the Better
The aforsaid is my Perspective
Harsh K Sharan, Kritarth Consulting Team

From India, Delhi
Bhartiya Akhil
183

Thanks Harsh K Sharan for your prompt response.
I asked those questions since I was once rejected by one of the companies on the criteria that I am not certified professional. Even after telling the HR guy that there is no such thing called certified professionals or certified trainers under the POSH Act or any guideline for this by the Government.
I am having the requisite qualification for External Member under the POSH. I have conducted number of awareness workshops also for many companies. But still some companies insist for certified professionals or certified trainers.
Can you please let me know the procedure to get this certification? I will be highly obliged.

From India, Mumbai
Kritarth Consulting
200

I am serving as "Third Party" as our Honble Supreme Court Ruled in 1997 in Vishkha Judgment and ordered all Employer to constitute a Committee towards Redressal of Sexual Harassment Complaint submitted by Aggrieved Woman. And as we know, theSC Judgement is to " be treated as Law passe by the Parrliament per Article 141 of our Constitution.

The aforesaid creation was later incorporated in SHWW ( P,P &R) Act 2013 gazetted & which came into force w.e.f. 9.12 2013 and is applicanble to all Workplace and under Section-4 the 4th Member/Functionary of Every Internal Committee has to necessarily be One No-Employee Outsider ( erstwhile Third Party) who is inter ali, "A Person Fully Familiar with the Issues of Sexual Harassment at Workplace including "Quid Pro Quo".

This IC Member (External) as I would opt to refer to for IC Records ought to be a Stout & StrongCharacter who is Capable to Be & Remain Unbiased, Unprejudiced, Impossible to be Influenced by Any Internal Or External Individual , Never Succumbs to Pressure, Ehtical, and above all Never Jumps to Conclusion Untill the Last Wor has Been Spoken and or Recorded by the IC in IC Records/Documents created during IC Proceedings in the Pressence of the Aggrieved Woman Complainant and the Respondent, both and is Far from Being Arbitrary.

Not casting any aspersion on anyone Serving as IC Member (External) yet the Fact & Reality remains is that this Person must undoubtedly incur Complete Trustworthyness of all Three Parties to any SH Complaint Redressal Namely the Employer, the Aggrieved Woman-Complainant and the Employee-Respondent.

Trust the Mandated Position is clarified and I still desist Recommending any Certifcation Courses since the Manatory Twin Programs for IC Members are More than Sufficient to eduvcate IC Members -present and future- to be able to deftly & diligently Discharge their 24 Legal Duties, properly and faithfully. The Twin Mandatory Programs for IC Members are prescrined under Section-19 namely 1. Orientation Program and 2. Capacity & Skill Building Programs to be Compulsorily Organized by Every Employer at regular Intervals. Eveery IC is Law-bound to include the Data re these Twn Programs in IC 's Annual Report for each Calendar Year.

Experience By Far Is the Best Proof of Competency Acquired in course of time/passage of time.

Harsh Kumar Sharan, XLRI Alumnus

Spl Educator & Serving Member (External)

Kritarth Team,

14 July 20120

From India, Delhi
Nagarkar Vinayak L
617

Dear colleague,
To put it shortly, no law yet mandates certification in India for Posh implementation.
But anybody imparting well integrated and comprehensive training for POSH Act, may be of great help. However, the insistence on its certification is wrong and is sheer out of ignorance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
pallav.pareek
We, at Ungender, have been running Certification for POSH Practice for six years now. However, the certification ensures a larger industry standard after some time. It is to recognise a specific area of practice and acquisition of necessary theoretical knowledge on a subject one claims to have expertise in. In the eyes of the companies, a professional qualification allows them to distinguish this. Also, there are various practitioners out there who are advising companies. These individuals having never undertaken any or even 5 investigations are providing training to IC members. Without any practical handson experience and structured knowledge consumption, the industry of POSH Practitioners is fluid and receiving a very frail reputation. Just like any other field of business advisory, it then becomes necessary to bring about a standard with which we can look at the practitioners and segment them. Certification is just one of the aspects.
Pallavi Pareek
www.ungender.in


Nagarkar Vinayak L
617

Dear colleagues,
Regardless of legal backing for certification for POSH training providers, it will serve the purpose if such training is built on theory and huge data of real life case studies in comprehensive manner.
Such training providers are certainly welcome and must be appreciated .
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
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