Are you an HR Professional? Do you want to lead the POSH implementation initiative in your organization, or assist other organizations as an external consultant? Do you need to implement POSH in multiple states? Do you want to customize POSH implementations for factory workers and those in the offices? Do you need to also train contractors’ workforce? Do you want to assist your organization with anti-sexual harassment implementation audits? Do you need to lead the administration of appropriate training for different types of employees? Do you want to learn how to do it all?
Are you an in-house counsel? Do you need to create elaborate systems for reporting, inquiry and implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)? Do you need to conduct detailed management and ICC training? Do you need to guide the HR team with effective implementation of the law?
Are you a litigator or a corporate lawyer? Do you want to assist clients with POSH implementation? Do you want to conduct advanced training for management and ICC, advise on the hearing process as an expert, conduct hearings as an ICC member, file appeals or defend the organization in an appeal?
Are you a corporate trainer? Do you want to add POSH training to your service list for your existing clients? Do you want to add in some compliance and implementation guidance as well?
Are you a CA, CS or other compliance consultant? Do you want to assist clients with POSH implementation, training, and POSH audits?
Due to global developments such as the #metoo movement, anti-sexual harassment compliance has transitioned from being a checklist-based task where the work was merely in form into a substantive task.
Global organizations and Indian companies, including fast-growing startups which rely on venture capital and private equity, are keen to comply, because they do not want to risk the reputational costs of non-compliance or legal damages of various kinds of employment litigation.
We have identified the key areas where internal HR managers, external HR consultants and lawyers are needed to assist organizations with POSH implementation.
We have only listed down some of the important challenges. The actual list is much longer.
It must be clear to you that these challenges are not directly addressed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Although the external expert is accorded a very specific role to perform with respect to organization’s ICC under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, in practice, experts and consultants are expected to conceptualize and lead all implementation initiatives on behalf of the employer within the organization.
In light of the challenges mentioned above, experts are required to acquire a variety of skill-sets, as explained below.
The following are examples of administrative tasks involved:
Execution of ICC training and organization-wide workforce training is beset with a number of challenges, as explained above. A trainer is required to:
Effective communication is necessary to be undertaken on a continuous basis through various kinds of modes - notices, creative posters, emails, handbooks, etc. is at the heart of effective implementation. Communication is required to align various stakeholders, including management, external vendors and employees to the organization’s stance. There will be frequent edits and upgrades to the organizational policies or training programs, which will also require a clear intimation to the workforce about the change and its implications for them. This requires strong communication skills. Appropriate communication skills are necessary for effective drafting of various summons and notices to conduct the inquiry and in writing reasoned decisions. Several trained lawyers who are highly knowledgeable also do not have developed written communication skills, as a result of which their writing turns out to be ambiguous. Practice in this regard can help in fine-tuning one’s effectiveness.
Ultimately, you will need to identify and negotiate your terms of engagement as an expert, enter into a contractual agreement and manage your relationship with multiple clients. From time to time, you will innovate, identify new upgrades to your services and pitch them to your clients, and then manage the delivery of services when you receive a mandate. As you grow, you might decide to perform only niche work or build up a team to perform a varied portfolio of assignments in this area. Whatever you do, you will need to ensure you are out there in the market, and that you are consistent with delivery. You will need to manage both existing and new clients well. Performance of this consistently and repetition of this process requires negotiation and business skills.
Under the POSH Act and the rules, other than representatives for NGOs or organizations committed to the cause of women, any person who is familiar with issues pertaining to sexual harassment can be engaged as an external member on ICCs.
Apart from familiarity with issues pertaining to sexual harassment, there are no technical qualifications necessary to be engaged as an external member.
You do not need a degree from a university, but you would need the skills to perform POSH implementation work.
You will also need to show your certificate as evidence of your skills.
I have a few questions for you:
Most courses and certifications only teach you this. In our course, you start here. Use our study materials, class video recordings and templates to understand the concepts and framework of the law.
In any organization, you will need to create a detailed plan for implementation. The plan is created based on answers to the following questions:
You will learn how to prepare the implementation plan with the help of several chapters on our learning management system.
The next step is to draft various notices for creation of ICC, anti-sexual harassment policy for your organization, and to appoint the ICCs.
You will also need to learn how to respond to complaints and how to draft various documents for conducting the inquiry and decision-making process.
Decision-making expertise is also necessary.
Learn these with the help of various drafting-related exercises, templates and videos. You will perform through simulated assignments, recordings and in-line feedback
At this stage, you need to prepare the following:
You should be willing to conduct one or two steps for free or at a relatively cheaper price so that the client can have an experience of your expertise and begin to trust you.
If a client asks you for an introductory training or a demo, you should be prepared.
Most consultants fail to take the deal beyond this stage if they do not receive the consideration that they want for this.
However, you know that this is barely 5% of the total implementation. Even if you do this for free, your client gets a sense of your expertise and your quality, develops trust and is willing to engage you for subsequent steps of implementation.
The practice exercise on creation of a sample PPT for sensitization along with one recording in vernacular language is extremely useful for this.
After the demo, the client will be in a position to decide how to engage with you. At this stage, you need to execute a consultancy agreement, mentioning the consideration, detailed implementation steps with timelines and an advance amount which the client can immediately pay so that you can get started.
Since you offered the first service for free or at a significant discount, and because the client can trust you now, the client has an interest in proceeding further. It is much easier for the client to send you the advance.
After you have secured the engagement letter, you have the following goals:
Once you have gone through the complete cycle, you can repeat this for other clients.
You have just started your practice!
Businesses operating in any of the above industries
You will acquire insights on the following:
These exercises will be available along with pre-recorded videos for briefing and feedback on our assignment portal.
- Get Sample Material in your inbox
- Regular career guidance on email
- Sample Exercises
- Five very useful lessons
- No certification
- Practical or drafting exercises available on assignment portal
- Assignments to be solved with the help of pre-recorded videos and study materials
- In-line written feedback by evaluators
- 1 writing assignment with training on writing and publication
- Get digital access to entire study material with templates
- Access on LMS, Android & iOS app for 3 years (including updates)
- 3 doubt clearing classes (1 every month for 3 months)
- 3 Bonus Live Online Classes on POSH work to be in the next 6 months (recordings will also be made available)
- Online MCQ test as per your convenience
- Complete any 3 assignments (i.e. 6 exercises), MCQ test and write one article to pass.
- Physical certificate (by courier)
- Networking with other students & alumni
- Access to all of Lawsikho.com's courses for 5 years (including new courses launched in this period)
- Immunity from future price increases for 5 years
- Complimentary access to members-only paid Facebook group for exclusive career opportunities and content
- Inclusion of templates and lessons on your request on a priority basis
- Priority pass for personal coaching, doubt-clearing, customer-support
- Free passes and invitations to all Lawsikho events and meet-ups across India
- Direct mentorship from Ramanuj and Abhyuday
- Personal feedback on as many assignments as you want
- Access to Lawsikho alumni network
- Priority processing for articles submitted to iPleaders blog and Superlawyer interview recommendations
Above prices are inclusive of all applicable taxes and charges. Option to convert your payment into two instalments is available on checkout page.
- Mandatory duties of employers under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Providing necessary facilities to the member of ICC
- Preparation of annual reports
- Communication and training for employees
- Modifying employment agreements and policy in light of anti-sexual harassment law
- Sample notices for display in organizational premises
- Reporting and other compliances
- Other statutory requirements
- Non-constitution of ICC
- Non-implementation the decision of the ICC
- Reputation hazards for businesses in connection with sexual harassment laws
- Consequences under POSH Act
- Consequences under other laws
- Necessity and objective of a sexual harassment audit
- Professionals and officers involved in an audit and their roles
- Reporting and information collection systems for audit
- Identification of relevant scenarios where sexual harassment at work may arise
- Interviews with employees and management to understand past instances of sexual harassment cases
- Evaluation of existing sexual harassment redressal mechanisms in the organisation
- Understanding management stance on sexual harassment – is it consistent with the notion of the act
- What constitutes Sexual harassment?
- Is sexual harassment gender neutral?
- Does the policy apply to situations not contemplated by the act
- Complainant's rights and remedies available
- Identifying whether the sexual harassment took place in the "workplace"
- Sample anti-sexual harassment policy
- Checklist for drafting a custom-sexual harassment prevention policy
- Modes of sensitisation - workshop, intranet or video-conferencing
- Content generation for sensitization
- Evaluation techniques and frequency
- Provision of take-away information kit
- Establishing ICC and selection of members
- Identifying suitable external member of the ICC
- Terms of engagement with external members
- Record keeping obligations
- Maintenance of confidentiality
- Implementation monitoring – how to ensure the organization complies with ICC’s recommendations
- Developing handbook for ICC members
- Independence of ICC
- Role of different organisational actors in tackling sexual harassment
- Pre-complaint employee counselling
- Filing of a complaint
- Reply by the accused
- Interim measures and how to identify appropriate interim measures
- Enquiry process
- Notice to attend a hearing
- Oral hearing
- Presentation of evidence
- Recording the deposition of witness
- Examination and Cross-examination
- Powers as a Civil Court
- Cooperation of employer
- How to enforce attendance, issue summons and attachment
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