7 common mistakes companies make in implementing PoSH

Implementing an effective Prevention of Sexual Harassment (POSH) framework is crucial for companies to create a safe and respectful work environment. However, many organizations make common mistakes that hinder the successful implementation of POSH.

As a POSH Advisor, I have witnessed these pitfalls firsthand and aim to help organizations build a robust POSH compliance system. In this comprehensive guide, we will explore these mistakes and provide insights into how companies can avoid them.

7 common mistakes companies make in implementing PoSH

PoSH compliance is difficult to navigate and more often than not companies end up making certain mistakes while setting up the process. Here are the 7 common mistakes you need to avoid while implementing PoSH in your company:

1. Failure to recognize the role of the top management

One of the significant mistakes companies make is failing to recognize the vital role of top management in POSH implementation. CEOs and COOs must set the right values and context by emphasizing the importance of compliance. Their commitment and support create a culture where POSH is taken seriously throughout the organization. By demonstrating their dedication to fostering a safe workplace, top executives set the tone for all employees.

2. Lack of involvement of stakeholders while forming Internal Committee

Another common mistake is assigning the responsibility of forming the IC solely to the HR department. While HR plays a crucial role in facilitating the process, the selection of IC members should be a well-considered decision involving multiple stakeholders. HR professionals might lack the necessary expertise in budgeting for compliance activities, potentially leading to inadequate resource allocation. Companies should involve other departments and consult legal experts in the selection of IC members to ensure a diverse and knowledgeable committee.

Also read: 11 tips for choosing an Internal Committee member

3. Not involving the Finance Team

Often overlooked, the involvement of the finance team in POSH implementation is critical. Companies make a mistake when they do not include finance professionals in direct discussions about resource allocation for POSH initiatives. The finance team needs to understand the significance of allocating appropriate resources to ensure the smooth implementation of the POSH framework. Prioritizing cost-cutting measures or opting for the cheapest resources can compromise the effectiveness of the program. Including the finance team in these discussions will help strike a balance between financial considerations and compliance requirements.

4. Lack of consultation with the Legal Team

Cutting corners and overlooking legal expertise is a grave mistake when implementing POSH guidelines. The legal team possesses a deep understanding of compliance activities and can provide valuable guidance to ensure adherence to regulations. Involving them in the process from the outset is crucial. They can assist in vetting and selecting external partners for training and support, ensuring that companies work with competent and reliable experts. The legal team’s involvement helps avoid legal pitfalls and ensures that the POSH implementation aligns with the legal framework.

5. Dividing roles and responsibilities

Companies often err in allocating responsibilities related to POSH implementation. While HR has an essential role to play in facilitating training and awareness sessions, they should not solely decide the content or select partners. The responsibility of content development and partner selection should lie with the appropriate stakeholders, such as legal and compliance teams. This division ensures that the training content is comprehensive and aligned with legal requirements. HR’s primary role should be to facilitate the implementation process and coordinate training initiatives for different segments of the workforce.

6. Insufficient training of the Internal Committee

The success of POSH implementation depends on the effectiveness of the Internal Committee (IC). Providing proper training to IC members is crucial to equip them with the knowledge and skills required to handle cases effectively. Training programs should focus on understanding the legal framework, investigation techniques, and maintaining confidentiality. Well-trained IC members can conduct impartial investigations, provide support to complainants, and submit reports to management in accordance with the law.

Also read: Why is Internal Committee training important?

7. Internal Audit and Monitoring:

To ensure ongoing compliance and continuous improvement, it is essential to establish internal audit and monitoring mechanisms. The legal team should play a central role in auditing the POSH implementation process. Regular assessments and reviews help identify any gaps or areas of improvement. Monitoring the implementation ensures that the company remains committed to creating a safe and inclusive work environment.

Conclusion

Avoiding common mistakes is crucial for companies striving to implement an effective POSH framework. Recognizing the role of top management, involving the finance team, consulting the legal team, and dividing responsibilities appropriately contribute to a successful implementation. 

Equipping the Internal Committee and establishing internal audit and monitoring mechanisms further strengthen the compliance process. By avoiding these mistakes and implementing a robust POSH compliance system, companies can foster a safe and respectful work environment for all employees. Remember, investing in POSH compliance is an investment in your company’s culture, reputation, and the well-being of your employees.

How can Ungender help you?

At Ungender, our team of experts curates customized solutions and provides you with tailored advice for successful PoSH implementation in your workplace. For an initial consultation or more information write to us at contact@ungender.in or leave us a message and we’ll get right back to you.

Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.