Implementation Of The PoSH Act 2013 And The Challenge With WFH

Work From Home has brought virtual sexual harassment home, as per data collected by TOI and many others. Several instances and anecdotes of sexual harassment in the workplace have flooded the internet. But there is a dearth of PoSH solutions that can be downloaded from the web. This is because the implementation of the PoSH Act 2013 concerning the WFH scenario still has shades of grey…….

Have You Ever Compared the Corona Virus with Work From Home (WFH)? 

Neither have we. But the temptation is there. After all, it’s the virus that has sent us all home packing. We had always seen pandemics caused by a deadly virus in science fiction novels and movies. It was thrilling entertainment, as it wasn’t happening to us but with fictional characters. At the same time, we watched fascinated, glued to our seats but safe and secure. WFH was also a fantastic idea, lived by a lucky few, and envied by many millions. The safety of your personal space, which no one could possibly intrude, as no one was there to step on your toes. The secure feeling of knowing you don’t have to commute amid rising pollution and crawling traffic. Feeling thrilled by the knowledge that you were part of that lucky tribe whose nature of work allowed them to WFH.

And then the unthinkable happened. The Corona Virus struck, and the pandemic began, but this time it was real. Every day, the news brought home more horror, just like in those thriller movies. The only safe place was our home, just like when we watched a pandemic movie from our homes’ safety. So, we moved our workplace home too.

Have You Ever Felt That Anticipation is Better Than Reality?

It turned out to be so, like every great anticipation in life. With WFH, the problems of the workplace had moved home too, uninvited. The relief of not having that creepy stare, that cringe-worthy touch, that disguised pat on the back, or that blatant brushing of the elbow was short-lived. Who had thought of getting sexually harassed while at home? No Sir!  Sexual harassment at the workplace had hitched a ride on the broadband and entered the house too. The home was no longer a secure place.

Who Is to Blame For The WFH Woes?

The Corona Virus or the harassers; who wouldn’t rest even when we were living with the fear of the virus, lay-offs, pay-cuts, while dipping into savings etc. The economy was hurtling towards an inevitable recession. People were facing a bleak future, where the only goal in life was to just somehow stay alive.

At the same time, some people found the time and the inclination to send sexually explicit messages, propositions for hooking-up, lewd comments on the dress sense of the woman etc. Women faced dual pressure from work at home and WFH while working double time, balancing work commitments with the home front.

The new normal of WFH, in the wake of the virus pandemic, was posing new challenges to women employees. It was not surprising that The National Commission for Women found it suitable to issue PoSH guidelines related to WFH to ensure women’s safety. NCW urged bosses to dress properly while video calling women employees.

What Can We Do to Make Home Safe Again?

As the CEO or HR head, there is a lot the management can do to ensure that the home is a safe place to work.

• Always start with policy changes. Make amendments to your PoSH policy. The PoSH policy must envision WFH and it’s challenges, and state clear rules about acceptable behavior while working from home.
• Disseminate the information about the changes made to the PoSH policy. This is a PoSH Act 2013 mandate as well. Inform the employees about the process for online inquiries so that they know how their complaints will be addressed virtually.
• Conduct specialized PoSH training for managers and PoSH awareness training for employees. Make sure to include lots of examples of what is not acceptable and allow people to ask questions and debate if required. Only then will it get instilled in the minds.
• Train the PoSH Committee Members on how to handle inquiries virtually. Let them not have to grope in the dark when suddenly, a complaint catches them ill-prepared for the much-hyped ‘new normal.’ An investigation needs detailed fact-finding, besides a ton of documentation, and following SOP, but let them not start searching for the SOP after the calamity strikes. That would be a calamity by itself.

We at Rainmaker can help you with the challenges that implementation of the PoSH Act 2013 is likely to throw up. Our PoSH External Members are lawyers who will guide the PoSH Committee Members in the inquiry to withstand the test of judicial scrutiny. Our dramatized videos showcase the real problems faced by real people, with WFH weaved into the module. Leave your worries with us!

Let us together welcome the ‘new normal’ of WFH.

Author: Sumali Nagarajan

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