The Government of India passed the Sexual Harassment of Women (Prevention, Prohibition and Prevention) Act (POSH) in 2013. The Act places the onus on businesses, organizations, and employers to stop sexual harassment in the workplace. Organizations should regulate this in various ways, including ensuring all employees have a training program that explains their responsibilities and actions to prevent sexual harassment in the workplace. Employees who attend these workshops learn how to recognize, prevent, and distinguish sexual harassment and unfair harassment in the workplace. In our POSH training for employees, we address topics such as legal requirements, company policies, and ways to ensure that everyone is treated with dignity and safety. In order to empower employees and promote a healthy working environment, organizations should conduct these training courses more frequently.

Importance of POSH Training

POSH training is essential to ensure compliance and provide a respectful and professional working environment. Creating a safe and welcoming work environment through sexual harassment recognition and prevention training, increases employee productivity and well-being. It also enables people to distinguish between sexual harassment and other types of wrongdoing, reduces the chances of baseless accusations, and improves job satisfaction. Taking an active stance, POSH training does protect organisations and employers against legal risks and also promotes professional collaboration and goodwill.

Requisite of POSH Training as per the POSH Act, 2013

Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 mandates the employers to organize workshops and awareness programmes to their employees and to conduct orientation programmes to the Internal Committee (IC) members at regular intervals. The object of conducting these programmes and seminars is to sensitize and educate the employees and IC members with the provisions of the POSH Act, 2013.

Furthermore, Rule 13 of the POSH Rules, 2013 also provides for the manner in which the POSH programmes, workshops or the trainings are to be conducted. As per this Section, every employer shall:

– Carry out orientation programmes and seminars for the IC members

– Carry out employee awareness programmes for their employees

– Conduct capacity building and skill building programmes for the IC members

– Use modules developed by the State Government to conduct workshops and awareness programmes with respect to the provisions of the POSH Act, 2013.

Statistics on POSH Training

In 2023, 400 professionals representing different genders and ages participated in a study titled “Changed awareness of POSH in the workplace” a study by Stratefix Consulting and National Human Resource Development (NHRD) collaborated found that only 8% of the respondents knew about the POSH program before 2021. Despite the recognition by many organizations of the importance of POSH training, the methodology and effectiveness of it exhibit considerable variability. While some organisations conduct training on a regular basis, others may not have adequate policies, causing it to reduce employee awareness and safety.

Surveys for 2018 and 2020 have revealed a shocking number of women being sexually harassed in the workplace and according to a 2018 Martha Farrell Foundation study, 80% of Indian women reported encountering it problems in the workplace. Professional women surveyed in 2020 reported a similar proportion of workplace sexual harassment. Given the prevalence of sexual harassment in the workplace in India, immediate action is needed to confront and stop these misconducts. A comprehensive approach to this problem is needed as it affects not only the individual but also the performance and culture of the organization. These studies made it clear how important proactive measures are to keeping workplaces safe and courteous. Organizations seek to reduce workplace harassment and discrimination by establishing effective reporting systems, support systems, and continuing education programs.

Judicial Pronouncements on Posh Training

Recent case studies and court decisions highlight the difficulty organizations have under the POSH Act and implementing it to promote a respectful workplace culture. The Supreme Court in implementing the Act brought to the fore several deficiencies, such as inadequate internal

committees and low level of professional understanding. This highlights the importance of immediate steps to ensure compliance and prevent sexual harassment. The Apex Court found a high level of ignorance among professionals. These results highlight the importance of appropriate training to empower staff and improve compliance. Recent court decisions such as Aureliano Fernandes v. State of Goa states that to protect the dignity of women in the workplace there is a need for strict compliance with the Act and concerted measures to address problems effectively.

In our years of working in this area, we have seen many companies incorporate POSH training into their organizational culture with incredible success.

Types of POSH Training

At our firm we conduct various POSH sessions, workshops and seminars. These events encourage discussion and active networking among employees and employers and provide learning opportunities through hands-on experience and team-building exercises. The different types of POSH trainings conducted by our firm are:

POSH Training for Employees: this training involves a comprehensive program covering legal frameworks, company policies, and personal safety. The training focuses on recognizing and preventing harassment, fosters for creating an inclusive work environment, educates employees on their rights and responsibilities, increases employee engagement and relations which in turn contribute towards improving work productivity and efficiency.

POSH Training for IC Members: the training focuses on educating and training the Internal Committee (IC) members in handling complaints and following due process. The training benefits the IC members by enhancing their investigation and redressal skills, enhances their expertise and confidence, improves their understanding of the applicability of the law and clarifies the extent of their role and responsibilities.

POSH Workshop for Trainers: we conduct tailored sessions that enable trainers to deliver POSH training to diverse audiences. The workshop helps the participants in developing customized materials and strategies for conducting their training. Furthermore, the workshop intends to equip and train the participants in addressing and handling questions, scenarios and other challenges that may arise during a training program.

Modes and Methods of POSH Training

Personal Training Program: Our traditional personal training program promotes a sense of community and shared responsibility by allowing participants to interact directly with each other.

Online POSH Training Modules: POSH eLearning modules provide staff with the flexibility and scalability to access learning materials at their own pace and speed. We at POSHequili have different modules and eLearning services on our website.

Role plays and simulation exercises: We do this exercise by simulating a real workplace environment, a role-playing exercise to create a safe and regulated environment for employees to practice reacting to sexual harassment and discrimination.

Compliance and Legal Training Resources: This module aims to familiarize employees and IC members with relevant laws, policies and corporate guidelines that distinguish between discrimination and sexual harassment.

Webinars and Virtual Training Platforms: In today’s increasingly digital workplace, our virtual training platforms and webinars offer practical alternatives for distance learning.

Personal Training Portals and Learning Management Systems: We also support tools that allow companies to customize POSH training materials to meet their own needs and interests.

Benefits of POSH Training

Enhancing Workplace Culture: POSH training benefits include a boost in job satisfaction, trust, and collaboration. It empowers employees to report misconduct confidently and break silence around sexual harassment. Encourages zero-tolerance policy towards sexual harassment and creates a culture of empathy and understanding. Moreover, it encourages teamwork and reduces conflicts and misunderstanding and as a whole strives towards creating an amicable and peaceful work environment.

Reducing Legal and Reputational Risks: POSH training educates the employees and employers regarding the mandate of strict adherence to the POSH Act, 2013. Avoids lawsuits, reduces liability for workplace harassment, ensures due diligence and maintains organizations reputation and credibility. The training also encourages organisations to implement a robust POSH policy and to take corrective actions against the perpetrators as it will not only reduce negative media coverage but also protect the brand image and value of the organisation.

Objective of our POSH Trainings

At Equilibrio Advisory, we ensure that our POSH training services facilitate the organisations with:

– Legislation and compliance requirement: An understanding of legal provisions relating to sexual harassment and discrimination is essential to ensure compliance and mitigate legal risks.

– Understanding discrimination and sexual harassment in the workplace: Employees who complete POSH training are better able to identify many forms of harassment and discrimination, including subtle or overt behaviour.

– Creating a culture of respect and inclusion: An important part of POSH training that emphasizes the benefits of professionalism, dignity and mutual respect in the workplace is to foster a culture of respect and inclusion.

– Reporting and handling incidents of misconduct: The management will receive training on how to support victims and participate in investigations. In addition to this, the employees will learn how to report misconduct in a timely manner and maintain confidentiality.

Practices Incorporated in our POSH Trainings

a. Employee involvement and buy-in: At every stage we see employees’ input to help increase support for the POSH training program and curate the sessions to address the unique challenges of the industry they are working at.

b. Continuous evaluation and feedback processes: We encourage organisation to establish tools that will help measure the success of our training programs and make necessary improvements.

c. Integrating organizational values and goals: Our POSH training is enhanced and implemented within the larger business culture as we very consciously align it with organizational values and goals.

d. Inclusive and accessible training programs: Our POSH training is inclusive and accessible to all employees, taking into consideration every account factor such as language barriers, cultural sensitivities, and accommodations it will provide for people with disabilities.

Technologies & Strategies Incorporated in our Posh Trainings

1. Use of advanced technology for personalized learning experiences: Thanks to advances in technology, we are now tailoring POSH training to each employee’s specific learning preferences, job responsibilities, and learning styles.

2. Integrating mediation strategies into educational materials: We acknowledge the connections between people working together and need for speedy dispute resolution, keeping that in mind we have adopted strategies that will help accelerate the conciliation process.

3. Hybrid and remote work model on POSH training: To accommodate the growing potential of virtual business processes, our delivery and content of POSH training have also changed with the transition to remote and hybrid working model.

4. The role of managers and leaders in sustaining a POSH training program: The sustainability of a POSH training project over time requires effective leadership and management support, our management training therefore encourages organizational commitment work to provide and maintain a safe and inclusive work environment.

Conclusion

From the abovementioned information we may conclude that apart from curating and disseminating an internal policy or resolution or a declaration for prohibition, prevention and redressal of sexual harassment at the workplace, every employer is also duty bound to conduct workshops or training programmes to their employees and IC members for promoting a gender sensitive workspace and to remove factors which lead towards creating a hostile work environmnet towards women.

In addition to compliance, organizations should also prioritize on POSH training programs as part of their commitment to safe, courteous, and compliant workplaces and to enhance the company culture and employee well-being effectively. As advocates for mental health and wellbeing in the workplace, we urge employers to consider the wider benefits of POSH training beyond just compliance. Organizations can use the contact form to reach out to our POSH consultant for further advice and assistance in implementing the POSH training program

-By Adv. Deeksha Rai & Adv. Vasantha Kotagiri (Legal Associate – Equilibrio Advisory LLP)