Need Help Drafting a POSH Policy for My Workplace in Pune, India – Any Suggestions?

I require a draft for a Prevention of Sexual Harassment (POSH) Policy. My location is Pune, India.

Creating a POSH Policy

Creating a Prevention of Sexual Harassment (POSH) policy is crucial for maintaining a safe and respectful workplace. Here are the key elements you should include in your draft:

1. Policy Statement
Start by stating that your company is committed to providing a workplace free from sexual harassment. Explain that the policy applies to all employees, contractors, and visitors.

2. Definition of Sexual Harassment
Define sexual harassment as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 of India. This should include examples of physical, verbal, and non-verbal forms of harassment.

3. Responsibilities of Employees and Management
Clearly state that all employees are responsible for maintaining a respectful workplace and that management is responsible for implementing and enforcing the POSH policy.

4. Complaint Mechanism
Outline the process for reporting and resolving complaints. This should include the details of the Internal Complaints Committee (ICC) as mandated by the aforementioned Act.

5. Confidentiality
Assure employees that all complaints will be handled confidentially to protect the rights and privacy of all involved parties.

6. Non-Retaliation
State that the company will not tolerate any form of retaliation against employees who report sexual harassment or participate in an investigation.

7. Consequences
Clearly outline the disciplinary action that will be taken against individuals found guilty of sexual harassment.

8. Training
Mention that the company will provide ongoing training to employees about preventing sexual harassment.

9. Policy Review
State that the policy will be reviewed periodically and updated as necessary.

10. Contact Information
Provide contact information for the person or department responsible for handling complaints and inquiries about the POSH policy.

Remember, it's important to consult with a legal professional when drafting your POSH policy to ensure compliance with all relevant laws and regulations. Also, make sure to communicate the final policy to all employees and provide necessary training.

Please find attached herewith a draft of the POSH policy for your reference.

Considering the location and topic, it's important to follow the Prevention of Sexual Harassment Act, 2013 (POSH Act) which is applicable in Pune, India and across the country. Here's a comprehensive guide to drafting a POSH policy for your workplace:

Step 1: Scope and Coverage
Define the scope of the policy. It should apply to all employees regardless of their role, level, or employment status. It should also cover all types of workplaces, including virtual ones.

Step 2: Definition of Sexual Harassment
Clearly define what constitutes sexual harassment as per the POSH Act. This can include physical contact, a demand for sexual favors, making sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Step 3: Complaint Mechanism
Establish a clear and accessible complaint mechanism. This should include the constitution of an Internal Complaints Committee (ICC) at each office or branch, with a minimum of 10 employees. The ICC should include a Presiding Officer, two employees committed to the cause of women, and one external member from an NGO/legal background.

Step 4: Redressal Process
Detail the process for resolving complaints. This should include an investigation, hearing, and decision-making process as per the POSH Act. Ensure confidentiality and impartiality throughout the process.

Step 5: Penalties
Specify the penalties for offenders. This can range from written apology, withholding promotions or increments, termination, etc. Also, mention the punishment for false or malicious complaints.

Step 6: Awareness and Training
Regular training and awareness programs need to be conducted for all employees to ensure they understand the policy and their rights.

Step 7: Annual Report
Mention the requirement of an annual report to be submitted by the ICC to the employer and the District Officer.

This is a basic framework for a POSH policy. Customize it according to your organization's requirements. Always consult with a legal advisor or HR professional for the most accurate and legally compliant policy. For more information, you can refer to the https://www.iitk.ac.in/wc/data/POSH-ACT.pdf POSH Act, 2013.