15-16-17-Dec-2022

15th, 16th & 17th Dec 2022 – Capacity Building Program on the Law against Sexual Harassment at Workplace

POSH Law has seen several updates in the last couple of months. As a capacity building exercise and with a mission to update and train Internal Committee (IC) members about their role & responsibilities and the important elements of the compliance under the POSH Act, we are conducting a 3 Days Certificate Program on 15th, and 16th Dec 2022. As several IC members have also requested to be assessed based on the workshop, for those looking for assessment, we are also conducting a test & follow-up session on 17th Dec 2022.

This will be a Virtual Program and will be conducted via Webinar.

TIME TOPIC METHODOLOGY
Day 1 – 15th Dec 2022
2:30pm – 3:30pm INTRODUCTION TO LAW
  • Understanding Employer’s responsibilities under Law, its importance & consequences of non-compliance
  • What can be done beyond compliance to create safer workspaces?
  • Composition, appointment, removal & term of office of Internal Committee (IC) – Do’s & Don’ts for remote working, new issues posed by Hybrid working.
  • Term & Removal – Security of tenure and liability
  • Managing multiple roles of mentor, manager, colleague, employee, handling conflict of interest situations
  • Identifying challenges faced
  • Introduction to redressal mechanism
Case laws and Discussions
2:30pm – 5:30pm INTRODUCTION TO SEXUAL HARASSMENT AND FINER NUANCES RELATED TO THE SAME
  • Sexual Harassment: Types & Criteria

  • Could showing middle finger or sending emojis constitute sexual harassment? What do Courts say?
  • Would comments on a woman’s clothing, makeup, weight etc. constitute sexual harassment? What do Courts say?
  • In the current social media world where everyone is more woke, what kind of challenges come up for IC?
  •  Consent, Sexual harassment & relationships
  •  Power vs. Assertiveness
  • Intent vs. Impact: Context & Scenarios
  •  Flirting: healthy or harmful? 
Understanding concepts & various scenarios using – activities, videos, real life examples and case laws and their application on Mock Complaint
Day 2 – 16th December 2022
2:30pm – 3:30pm INTRODUCTION TO COMPLAINANT & RESPONDENT AND NUANCES RELATED TO THE SAME
  • What does workplace mean? Does it cover electronic communications? Does it cover unofficial employee gatherings? What do Courts say?
  • Who can file a complaint? Does POCSO Law have any role?
  • Can transgender persons complain? Does Transgender Persons Law have any role?
  • Is it illegal to accept complaints from men? What is the process to be followed?
  • Types of complaints
  • Against whom can you receive complaints?
  • Who is an employee?
  • What if complaints are raised against outsiders?
  •  What if an employee of another organization is working on deputation or on contract and raises a complaint against someone from your organization?
  • Tracking respondents with respect to online instances?
  • What if there are multiple Complainants & Respondents?
  • Can parties be of same gender? What do Courts say?
Understanding concepts & various scenarios using real life examples and case laws and their application on Mock Complaint
3:30pm – 5:30pm HANDLING COMPLAINTS AND UNDERSTANDING NUANCES RELATED TO THE SAME

Understanding the Redressal Mechanism

 

  • Process of Conciliation & things to keep in mind
  • Process of Inquiry – how and what to ask?
  • Evidence: What is admissible, What is NOT?
  • Witness: How to examine and cross-examine?
  • Principles of natural justice: what does that mean for an IC?
  • Recording statements and summarizing statements: Method and pointers to keep in mind
  • What if parties and IC members speak different languages?
  • Looking out for phrases relevant for inquiry
  • Transitioning to return to office (RTTO) and challenges
  • Timelines and meeting timelines – How to deal with delays?
  • Service rules and standing orders, drafting of charge sheet and representation for the Respondent as per service rules.
  • Confidentiality related common day challenges and how to deal with them?
  • Handling difficult situations – such as party or parties seeking change in composition of IC members, Filing of defamation cases, IC discovering other administrative concerns or ethical violations during inquiry etc.
  • What to do if you as an IC member disagree? Group dynamics within IC and working together.
Inquiry report, challenges & do’s & don’ts
  • Discussion on malicious complaints
  • Can IC take any steps if there is no evidence?
  •  Is sole testimony of victim enough?
  • Findings Report
  • Discussion on preparation of an inquiry report along with recommendations
  • Proportionality & recommendations – How does the IC determine the same?
  • Drafting of inquiry report
  • Red Flags: Common lapses & Tips
  • Do’s & Don’ts
Understanding concepts & various scenarios using real life examples and case laws and their application on Mock Complain
GIVE-AWAYS
  1. A PowerPoint presentation for quick reference
  2. Checklist for compliance
  3. Checklist for timelines
  4. Certificate of Participation by POSH at Work
INR 9,000/- (+Taxes) for the workshop and the above-mentioned giveaways
Day 3 – 17th December 2022
For those looking for Assessment & Certificate post the Workshop, the below will follow
16th Dec 2022 5:30pm Post the workshop, Assessment questions will be shared INR 3,000/- + Taxes for Assessment, Discussion & Feedback
16th Dec 2022 5:30pm – 10:30pm You will be required to take the test anytime between 5:30pm to 10:30pm on 16th Dec, 2022 (The test will take about 30 – 45mins). Results will then be analyzed by Equilibrio Advisory Team.
17th Dec 2022 3:30pm – 5:30pm There will be a Q&A to discuss the Assessment. Thereafter, the Certificate will be given.
ADDITIONAL GIVEAWAYS
  1. Do’s and Don’ts and things to keep in mind
  2. List of some of the important case laws to keep in mind
  3. Certificate of Completion

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