POSH for Unorganised Employees of the Organised Workplaces

When companies draw the definition of their workplace employees, they mostly talk about their white-collar employees or desk staff. However, some companies even acknowledge and include the salaried housekeeping and general maintenance staff within the ambit. But, concerns arise when multiple companies commonly share such staff. For example, ABC Business Tower hosts three different companies: P, Q, and R. They have a common and informal support staff, X, who cleans the premises of each of these companies every morning. In this regard, the following questions may require our thought and action:

• Are such support staff protected from sexual misconduct at the workplace?
• Can they be considered an employee under the POSH Act?
• Which company bears the responsibility to sensitize or create awareness for them?
• Which company’s IC can they resort to in an incident of sexual harassment? 
• Whether they know and have access to the IC or its members?
• What kind of disciplinary action can a company take against its employee who sexually harasses such a supporting staff?
• What action can be taken against the supporting staff if a workplace sexual harassment case is established against them?

The answer to the last question may sound obvious but not ideal. A company’s first instinct is to replace them, as the safety of its white-collar employees becomes the foremost priority. When it comes to protecting and redressing grievances of its supporting staff, it gets restricted to the POSH policy document. If no complaints are received from such staff, companies cannot draw an adverse inference that the misconduct has not occurred. 

The companies can take proactive measures to create a safe workplace for their housekeeping or general staff to address this. Following may be some helpful suggestions and approaches for employers and HRs to undertake. 

• Sharing Responsibility for Awareness

It is vital for all the three companies, i.e., P, Q, and R, to give at least basic awareness of POSH to such supporting staff. It may include sensitizing them about sexual misconduct, workplace behaviors, Internal Committees, redressal procedures, and protection from retaliation. 

• Standard Operating Procedures

A good practice that the companies may adopt is to give handouts of the standard operating procedures. Such handouts will guide them about the steps to follow if they experience sexual misconduct in the workplace. 

• Displaying Posters

Putting up posters may sound very basic but plays an effective role in creating awareness. It is advisable that the posters may have fewer texts and more infographics to communicate the key information. The housekeeping or support staff may not be able to file a complaint to the IC’s email IDs. Hence, the poster may include the IC’s mobile number(s) that they may access when needed. Displaying pictures of the IC members on the posters also helps the employees to identify the IC members. 

• Language Friendly Information 

For effective communication, the information must go out in a language-friendly manner. The company’s POSH policy, SOPs, posters, etc., must be translated into the regional/ native language understood by the supporting staff. The idea is to make them feel confident about their rights and the safeguards established by the company.  

• IC Assistance for Complaint Drafting

English is a standard language at workplaces in India, and sexual harassment complaints are primarily filed in English. IC cannot expect the same from a housekeeping or support staff. If IC is well versed in the local language, it may accept the complaint filed by its staff. It may also seek help from a translator (bound by confidentiality) if a vast communication gap exists. IC can even assist them in coming up with a draft complaint if they don’t know to read and write. 

A workplace is POSH complaint only when all its employees are covered and protected against sexual misconduct. Restricting the safeguards measures to the company’s lengthy and textual POSH policy may not be sufficient. All the employees, including the informal or unorganized employees, should feel safe and protected while stepping into the company’s workplaces. 

We at Ungender work with the organisations in ensuring equity and safety at the workplace for all the employees. Get in touch with us at contact@ungender.in.