Capacity Building Program on the Law against Sexual Harassment at Workplace

Introduction

Safe workplaces, free from all kinds of harassment, and in particular, sexual harassment is of key importance to all organisations. A robust grievance redressal mechanism and compliance with the POSH Act, 2013 is therefore of utmost significance. Keeping this in mind, the Bombay Chamber, under the auspices of its Legal Affairs & IPR and HRM Committees, is pleased to organize a comprehensive capacity building programme for members of Internal Committee (IC), in order to:

• Create more awareness about their role & responsibilities;
• Train them on key elements of the POSH Law and the compliances under it;
• Sensitize them regarding the various nuances of the Law;
• Arm them with the information, guidance and practical tools necessary to perform their duties; and
• Assist them in navigating the challenges of the new technology age.

The program will be carried out in mixed format, including presentations, audio-visual aides, exercises and learning activities, spread across 4 sessions.

The program will be conducted by Advocate Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP​, Counsel, Legal Audit & Compliance​, Advisor & Trainer (POSH, POCSO, TPA, ADAH)​, Cisgender Heterosexual Ally. With over 10 years of experience of advising and training corporates, and having co-authored a book on the POSH Law, Shivangi is one of the foremost experts in the field. Her detailed profile is attached for your reference.

Programme

9:30 a.m. – 9:45 a.m.

Registration & Tea

9:45 a.m. – 10:00 a.m.

Welcome Address 
Mr. Sandeep Khosla, Director General, Bombay Chamber

10:00 a.m. – 10:30 a.m.

Introductory Remarks
Ms. Attreyi Mukherjee, Senior Corporate Counsel, Tata Industries Ltd. Co-Chairperson, Legal Affairs & IPR Committee, Bombay Chamber

10:30 a.m. – 11:30 a.m.

Adv. Shivangi Prasad (She/Her)
Author & Co-Founder, Equilibrio Advisory LLP Counsel, Legal Audit & Compliance Advisor & Trainer (POSH, POCSO, TPA, ADAH), Cisgender Heterosexual Ally

Introduction to ‘Sexual Harassment’ and Finer Nuances related to the Same

• Understanding the term ‘Sexual Harassment’ along with its finer nuances
• In the current social media world, what kind of challenges come up for IC?
• Consent, Sexual harassment & relationships
• Power vs. Assertiveness
• Intent vs. Impact: Context & Scenarios
• Flirting: healthy or harmful?
• Sexual harassment vs. sex discrimination: is there a difference?

11:30 a.m. – 11:45 a.m.

Coffee and networking

11:45 a.m. – 1:00 p.m.

‘Complainant’ & ‘Respondent’ and related Nuances

• 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?
• Against whom can you receive complaints?
• 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?

1.00 p.m. – 1:45 p.m.

Lunch and networking

1.45 p.m. – 3:00 p.m.

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 IC?
• Recording statements and summarizing statements: Method and pointers to keep in mind
• 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.

3:00 p.m. – 3:15 p.m.

Coffee and networking

3:15 p.m. – 4:30 p.m.

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

Participation Fee :

Cheque /Demand Draft should be drawn in favor of “BOMBAY CHAMBER OF COMMERCE AND INDUSTRY”

Who should attend?

It is especially beneficial to those employees (in the role of HR, legal, ethics & compliance or any other) and individuals who are acting as IC members or External member on IC of other companies. This is also helpful for managers wanting to understand compliance requirements under law, conduct training within their organization or outside and wanting to know technicalities around handling complaints so that they can provide appropriate support to IC members.

Contact Details :

Mr. Ganesh R.
Email : ganesh.r@bombaychamber.com
Tel : 4910 0218