Recent Supreme Court Judgement brought the spotlight back on gaps in implementation of POSH

The recent judgement of the Supreme Court in the case of Aureliano Fernandes vs State of Goa has brought the spotlight back on gaps in implementation of POSH.

In this case, the Appellant challenged his termination arguing that principles of natural justice had been violated by the Internal Committee in conducting the inquiry. The SC upheld the Appellant’s challenge and remanded the matter back to the Internal Committee for a fresh inquiry in accordance with principles of natural justice.

The judgement also observed the following:

1. The objectives of the POSH Act are centered on proper constitution of Internal Committees. Yet, many Internal Committees are improperly constituted without following strict requirements of the POSH Act.
2. Even where properly constituted, Internal Committees are poorly equipped to handle complaints and do not understand or follow basic principles of natural justice when handling complaints.
3. Parties involved in a complaint are not aware of the complaint procedures
   
   

These observations prompted the SC to issue directions to the government to step up checks for compliance in constitution of the Internal Committees and training provided to Internal Committees and employees about rights, duties, procedures and principles of natural justice in relation to complaints. The SC has asked the central and state/UT governments to file their responses on action taken within eight weeks.

Regardless of whether the governments actually initiate checks, this case highlights the damage that can be done to organizations by improper compliance, training and complaint handling of POSH. Re-inquiries involve huge human costs (loss of morale of complainants) and financial costs (back-wages to respondent, loss of productivity, etc.).

 

ashure has tried to address these challenges through its secure, content-rich, technology platform which helps ensure compliance with the POSH Act (in letter and spirit), online simulated case training (anytime, anywhere) for Internal Committees, a complaint-handling workflow that ensures adherence to the principles of natural justice and legal procedures, and reassures the parties involved with transparency on their matter, plus much more. Learn more at www.ashure.in or write to nitin@ashure.in to arrange a demo/ trial of the ashure platform.

NOTE : This post is available on LinkedIn.  

Elevating Employee Experience: Nurturing a Supportive and Inclusive Workplace

On this International HR Day (20th May), it is crucial to acknowledge the evolving landscape of employee experience and the pressing need for organizations to prioritize employee well-being, safety, growth, and inclusivity. As a member of the Voice of Employee Committees, I have witnessed first hand the emerging themes shaping the modern workplace. Today, I want to shed light on these themes and emphasize the significance of cultivating a supportive and inclusive work environment. Additionally, I will introduce a valuable tool, ashure, designed to streamline the management of POSH compliance in India, further enhancing workplace safety and employee well-being.

1. Prioritizing Employee Well-being: Ensuring the well-being of employees is a fundamental pillar of a thriving organization. As employers, we are responsible for fostering an environment that promotes mental, physical, and emotional well-being. By offering wellness programs, flexible work arrangements, and access to resources that support work-life balance, we can help employees thrive personally and professionally.

2. Emphasizing Workplace Safety: Workplace safety is paramount, and employees should feel secure in their work environment. Implementing robust safety protocols, providing training, and leveraging technology solutions like ashure can streamline safety reporting, incident management, and compliance with the Prevention of Sexual Harassment (POSH) guidelines. These measures demonstrate a commitment to employee safety and create a culture of trust.

3. Clarity on Roles and Responsibilities: Unclear roles and responsibilities can lead to frustration and hinder productivity. Organizations must ensure that employees clearly understand their job expectations, goals, and performance metrics. Regular communication, feedback mechanisms, and performance evaluations can foster clarity and alignment, enabling employees to contribute effectively and feel valued.

4. Promoting Growth Opportunities: Employees seek growth and development opportunities to advance their careers. Organizations should prioritize providing avenues for continuous learning, upskilling, and career progression. By offering mentorship programs, training initiatives, and performance-based incentives, employers can empower their workforce and foster a culture of growth.

5. Enabling Equal Opportunities and Embracing Diversity: Creating an inclusive and diverse workplace is not just a moral imperative, but it also drives innovation, collaboration, and productivity. Employers must foster an environment that respects and celebrates individual differences, eliminates biases, and provides equal opportunities for all employees. We must create opportunities through diversity and inclusion programs, unbiased recruitment practices, and nurturing an open and inclusive culture.

Introducing ashure: A Tool for POSH Compliance in India: In our commitment to workplace safety and compliance with the Prevention of Sexual Harassment (POSH) guidelines in India, we are proud to introduce Ashure. Ashure is a cutting-edge digital workflow-based management tool that streamlines the entire process of POSH compliance. From incident reporting to case management, Ashure simplifies and automates crucial tasks, ensuring compliance and enhancing your organization's safety. With Ashure, employers can efficiently handle complaints, conduct investigations, and generate comprehensive reports while maintaining confidentiality and transparency.

Conclusion:  On this International HR Day, let us recognize the evolving needs and expectations of employees and pledge to create workplaces that prioritize their well-being, safety, growth, and inclusivity. By actively addressing the themes of employee experience, organizations can foster a culture that attracts and retains top talent, drives innovation, and ultimately achieves long-term success. Together with tools like Ashure, we can pave the way for a brighter and more inclusive future of work.