PoSH Updates: Mandatory to Display Penal Consequences under PoSH law

The workplace is where an employee spends one-third of their day. It is important that they feel safe in their workplaces and have psychological reassurance to perform well. To make sure that employees are safe and feel safe in the workplace, the PoSH Act was introduced as a legal mandate.

In a recent judgment, Orissa HC has highlighted the importance of displaying at any noticeable place on the office premises, penal consequences for workplace sexual harassment. This decision has significant implications for HR managers who are responsible for addressing workplace sexual harassment complaints. In this blog, we will delve deep into the High Court’s order and its implications. We will also suggest various other mediums for spreading awareness about the PoSH Act. 

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What is the judgment about?

In this case, the petitioner had filed a PIL in the court to understand the status of implementation of Section 19 (b) of the PoSH Act. Despite the previous orders of the court, the respondent had failed to comply with the orders. While disposing of the PIL, the court clearly stated that non-compliance would entail contempt of court if such an issue persists. 

Why is this update relevant for organizations?

This decision of the court has highlighted the importance of employers to display at any noticeable place in the workplace, the penal consequences of sexual harassment. Organizations need to develop a better understanding of the issue and address it with the utmost caution.

• PoSH compliance is mandatory for all organizations in India. It is time that India Inc. realizes the importance of this law and moves beyond mere compliance. A lot of times, organizations are unable to effectively implement the law. This could be for several reasons such as lack of resources or expertise. However, the same can be dealt with by sufficient budget allocation and partnering with expert advisories.
• The update also emphasizes the importance of adopting different mediums for spreading awareness and knowledge among the employees. While awareness sessions and workshops might be the most popular way, there are other options, such as posters, handouts, booklets, e-learning modules, and bite-sized newsletters, that organizations should also explore. We will cover these methods in detail further.
• Crucial information such as the hows and whys of complaint filing, who to reach out to, and where to reach out, should be made readily available to all employees. This ensures that employees can promptly get the support they need in unforeseen situations. 

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What are the different mediums for awareness? 

Spreading awareness about the PoSH Act through workshops, orientation, and training is a crucial aspect of preventing workplace sexual harassment. This step is also mandatory (under Section 19 of the PoSH Act) as part of regular awareness initiatives that employers should take. What organizations need to realize is the method by which such awareness is being created. Yes, sessions and workshops are crucial. But are they enough? Let’s look at some other ways in which awareness can be created among employees: 

1. Posters

Posters can be used by the organization to create awareness among the employees and visitors in a workplace. They should contain information like the composition of the Internal Committee (IC), their contact details for raising any concerns or filing the official complaint, the complaint filing procedure, and more. 

2. Handouts and booklets

Content on awareness can be created in the form of handouts and booklets. It is important to ensure that the content is easy to understand. A lot of visual representation in the form of charts, diagrams, and illustrations. To maximize the accessibility of these handouts and booklets, they should also be made available in the regional and local languages. This ensures that people of all literacy levels are able to access the content easily.

3. E-learning Modules

E-learning modules have emerged as a powerful tool for educating employees and bringing a behavioral shift in their learning. They can be an immersive experience by introducing interactive elements such as polls, Q&As, and gamification. They are self-paced and accessible to your team members 24×7. E-learning modules on Conduct, Ungender’s SaaS solution, are supported with a Tracker and Learning Reports. You can track their progress and ensure that your compliance is meeting all timelines. 

4. Newsletters

Bite-sized learning in the form of quarterly mailers or newsletters can also be introduced as a method of creating awareness. These newsletters are a good way for organizations to create awareness at regular intervals. They are a low-effort awareness strategy but create a great impact. Quarterly newsletters sent by Ungender to our users see an average open rate of 40.3%. This demonstrates employees’ interest in learning through different methods.

However, it should be made clear that all, either, or a combination of the above-mentioned methods must be used to substantiate the learning gained from an awareness session or workshop and never in isolation.

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Conclusion

Organizations can contribute to building safer and more inclusive workplaces by actively spreading awareness about workplace harassment, sexual harassment, bullying, and discrimination. By developing comprehensive policies, conducting regular training, and introducing multiple points of awareness, organizations can create a culture that supports their employees.

How can Ungender help you?

At Ungender, our team of experts consults and advises you on the most effective method of awareness for your organization and employees. We spend sufficient time speaking with the key stakeholders of your organization to understand the objectives and expected outcomes. After we understand the participant’s persona and demography, we create the content (whether it is for awareness sessions, workshops, reading material, etc.) to make sure it is relevant and aligned with your organizational values and goals.

Want to take your awareness initiatives a step further? Talk to our experts.