Implementing POSH in Complex Workplaces

The POSH Act, 2013 (The Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Act) exhaustively defines workplaces. It not only covers the conventional understanding of a workplace but also includes within its ambit: virtual, remote working, and extended spaces for protecting the employees against sexual harassment. However, sometimes it may be challenging to identify and interpret when there is an overlap of workspaces between multiple entities or in an aggregated service delivery business model. Such complexities give rise to one of the critical questions: where can the aggrieved person file a sexual harassment complaint?  To address this concern, let us try to identify and understand the implementation of POSH in complex workplaces broadly through the lens of the following business models. 

Co-living Spaces

Co-living spaces are one of the most complex workplaces that may require special attention. Even though a POSH policy may be in place; but, the issue is whether an aggrieved person, if in any of the following complex scenarios, knows that they can resort to their IC for help. 

• A customer sexually harassed by another customer,
• A customer  harassed by  the employee,
• An employee sexually harassed by a customer 
• The customer or the employee sexually harassed by the owner of the premise

The first step for the companies is to acknowledge and understand that all of the abovementioned spaces fall within the ambit of the company’s workplace. Secondly, the company can customise the definition of their ‘workplace’ and ‘aggrieved person’ that may be specific to their setup. Thirdly, awareness sessions should be tailored to include customized examples concerning the workspaces of that particular entity. Lastly, POSH awareness materials should be displayed at every property irrespective of whether the employer partially or fully controls them. 

Cab Service Aggregator

When we look into the aspect of safety in the cab services industry, there is a need to understand the parties involved in delivering and receiving such services. Both the driver of the vehicle as well as the customer availing the pick and drop service shall fall within the ambit of POSH and should be protected under the company’s policy. Safety features and emergency support should be accessible to the customers to protect their interests. The company’s duty also expands to preventing and protecting its driving partners who may face sexual harassment by its customers during the course of employment. In addition to the internal employees’ awareness sessions, the company may take a proactive approach by enabling a POSH awareness pop-up window on the mobile application whenever a customer books a ride, similar to what we had during Covid for ensuring the mandate of wearing masks.  

Home Service Delivery 

Various domestic services delivery organizations require experts and professionals to visit the residing place of their clients.  Such opportunities may lead to instances of sexual harassment experienced by the partners of the organization, who are directly delivering the services in-person. It may still be easy for customers to raise a sexual harassment complaint because they are worshiped as the ‘boss,’ and their concerns are redressed as a priority. However, companies should also focus on protecting the interest of their service delivery partners. Informing such partners that their company is POSH complaint may not be sufficient. They should be able to report their grievances to their IC directly and feel assured that they will get redressed without facing any retaliation.  The company’s approach should focus on aligning its POSH policy with the terms and services for the customers. Both should include a clause on monetary penality or debarring customers from availing services of the company if found in violation of POSH. 

There could be a possibility that an employee may not have an understanding of the POSH or an IC due to their unique workplace structure. It is crucial for HR and the head of organizations to dive deep into their complex workplaces and expressly cover them in their policies. An employer’s duty expands to assuring its employees that their company’s policy safeguards their interests, and they can resort to the IC if the need arises. We at Ungender can help to navigate and resolve concerns that HR may face while dealing with the issues of complex workplace structure by building compliance as per company requirement and usability.

Ungender Insights is the product of our learning from advisory work at Ungender. In our initiative to build inclusive workplaces for all individuals, we continue to educate and advise leaders on the same. Write to us at contact@ungender.in to know more about our advisory services.