In India, having a robust PoSH (Prevention of Sexual Harassment) policy is a statutory obligation under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act). In fact, drafting and adopting this policy is one of the first and most essential steps in any organisation’s compliance journey. The law mandates that every employer with ten or more employees must have an Internal Committee (IC) and a written policy outlining procedures for preventing and addressing sexual harassment at the workplace.
A thoughtfully drafted PoSH policy, tailored to your workplace, ensures clarity on the roles and responsibilities of IC members, the reporting channels available to employees, safeguards for the protection of employees, timelines in handling PoSH complaints, among other things. All of these are essential for building trust in the system. A PoSH policy must be customised to reflect the specific structure, work culture, and needs of an organisation. However, unfortunately, too often employers and HR professionals rely on boilerplate policies found online, which may not align with their structure, work philosophies or other internal policies.Such readymade policies may also fail to address organisation specific vulnerabilities, such as risks with stakeholders they work with, industry specific risks etc.
Beyond compliance, a well-drafted PoSH policy also plays a vital role in bridging the gaps between law and reality. For example, the Act currently extends protection only to women,whereas workplaces today are mostly diverse and inclusive. Many organisations, through their inclusive PoSH policies, are choosing to go a step further extending grievance redressal mechanisms to all employees, irrespective of their gender identity.
Equally important is the periodic review of the PoSH policy. Laws evolve, and so do workplace dynamics. Updates from the Government, court rulings, and industry standards may necessitate periodic revisions of the policy to ensure continued compliance and relevance. For example, the recent mandates surrounding SHeBox registrations for private entities warrant inclusion of nodal officer details in PoSH policies.
In short, having a PoSH policy is not just about meeting legal requirements. It is also about setting the tone for a respectful, inclusive and functional workplace. When crafted thoughtfully, it not only empowers employees but also demonstrates a genuine commitment to dignity at work.