End Sexual Harassment Toolkit A simplified method to comply with the new

anti-sexual harassment law

Sexual Harassment Law, 2013

• New law enacted replacing the Vishakha guidelines

• Every branch/office/NGO/School or any place employing more than 10 people has to comply

• Fine for non-compliance: INR 50,000• Repeated violations can lead to shutting down

of organization

Key areas to ensure compliance

Creation of ICC - Internal

complaints committee

Sensitization of employees

Capacity-building of Internal Complaint Committee members

Statutory Compliance – policy, notice, annual reports

To make all compliances very easy

• We have created a toolbox which is accessible on mobile and web

• End Sexual Harassment Toolbox = handbook for HR + handbook for employees + training and testing for employees + training for internal complaints committee members + checklists + every tool you need to comply with laws

What do employees get?

• Under the law, the employer is obligated to train the employees about Anti-Sexual Harassment Law

• Training Modules created by top legal women’s rights and business lawyers in India, including easy to understand videos and text material

• In English and Hindi, on mobile and computer screen

• They save a lot of time compared to attending seminars.

• Employees learn about anti-sexual harassment law and company policy

• They will attempt a test so that we can verify if they actually learned what they need to know

• A certificate will be generated when they pass the test

• They can now print out the certificate and submit it to a manager/HR

Benefit to Employers from Testing

• You can track which employees are not learning, not taking or failing the test.

• The certificate acts as legal proof that employees has been sensitized effectively

• Employees can not claim ignorance of the policy later

• Employees can access it whenever in doubt! It is an app inside their mobile.

Manager/ HR can use the toolbox to:

Create a sexual harassment policy using a ready-made, customizable template

Set up an internal complaint committeeGet templates of statutory notices, employment

contract, order, settlement agreement, complaint format, gender neutral versions, interim orders

Use our checklist which we keep updating to ensure that the company is compliant to laws at all time

Easily accomplish all reporting and annual filing

What does the Internal Complaints Committee get?

• Capacity building training• A guide book which is always available• How to conduct investigation?• How to follow the principles of natural justice,

as the law requires?• How to consider evidence submitted by both

parties?• Samples and templates of everything they need

- for issuing orders, notices etc.

Customization

• We can even customize the toolbox for you – and add other policies you want to teach the employees in your organisation

Such as – whistleblower policy, code of conduct, other workplace related harassment

• Employees can access the training anytime, on the go – from their mobile

Experts who have helped us in building this

Dr. Ranjana KaulFormerly with Delhi Commission

of Women and counsel for Maharashtra Government at

Supreme Court

Sunila AwasthiCorporate lawyer who has

worked on sexual harassment issues for over a decade

(partner at AZB)

Prof. (Dr.) Mrinal Satish was on the Verma Committee

and worked on gender-sensitization for judges at the

National Judicial Academy

Sonal MattooHelping Hands

Shwetasree Majumder Founder, Fidus Law Chambers (was

on Verma Committee Panel)

We also thank Advocate ANISHA BANERJI, who has been practising at the Delhi High Court for about 17 years, who has provided valuable inputs in the preparation of the sample documents, policies, notices and drafts.

Lets discuss Specific Details of Compliance

1 - Creation of ICC (including appointment of external members)

An organization needs to constitute an ICC at every office, branch where more than 10 people (including part-time workers, interns, apprentices) work.

Under the law, multiple ICCs may be required to be constituted, depending on the number of locations where more than 10 people work.

- Having very few or no women workers is no exception. - Lack of prior sexual harassment instances is also not an exception.

Identification of external members for ICC and ensuring their participation in proceedings is extremely difficult, especially across multiple locations.(There is a huge scarcity of persons who have necessary expertise on women’s and who also appreciate organizational structure and objectives)

The toolbox provides:

Mechanisms for simplifying creation of multiple ICCs and participation of external members in those committees

A reference list of experts who may be contacted

Employers are under a duty to train the committee. Improper decisions can expose employers to

litigation. Capacity building on the following is essential for good decision-making.

2 - Capacity building

What procedure should be followed in deciding a case?

What are the powers of the committee? What remedies can it award? What criteria should be kept in mind while awarding a relief?

How should the committee detect complaints which are not genuine? How can the risk of false complaints be minimized?

What are the best-practices for good decision-making?

The toolbox provides detailed guidance on:

Decision-making procedures, timelines

How to decide complaints and take evidence

Identification of false complaints

Powers of the committee

Sample formats of summons, interim orders, decisions

What can be done if the defendant does not obey the summons

Case studies

3 - Compliance requirements

The law imposes numerous compliance obligations on employers, such as:

• Creation of anti-sexual harassment policies• Display of notices at the workplace• Filing annual reports• Incorporating clauses in employment contracts

The toolkit contains sample formats for reports, notices, policies, complaints, numerous checklists, employment contract clauses.

Snapshots of sample policies, checklists and reports

(Effective) SensitizationEmployers are under a duty to sensitize

employees. Participation in workshops held by corporate trainers and consultants may not be adequate to sensitize employees. Often, employee participation and engagement is extremely weak. Retention is for a short period. At the time of facing a real situation, they need a quick refresher.

Enactment of a formal statute against sexual harassment has made the nature of the training more technical – trainers may not always have the necessary skillsets.

Handbooks are often not read or understood by employees. Declaration forms stating that the policy has been read may have been signed without actually comprehending its true meaning.

What if there is a simpler alternative? What if employees can be given a tool that can be accessed by them any time and from any location?

The ESH Advantage

Sensitization kit with detailed video training, text and flowcharts on:- What constitutes sexual harassment- What does not constitute sexual harassment- Steps to be taken in case one faces sexual harassment- Options if sexual harassment occurs in an interaction with a third-party, a client

representative or at another employer’s premises, at an office party, parking lot, etc.

(with 24 x 7 access over web and mobile devices from any location)

Test + Certification for employees who clear the test- HR can require certification as a mandatory prerequisite for performance review

Employees are sceptical about interaction with women colleagues due to the risk of abuse of the law by unscrupulous employees and the serious repercussions of this on their career.

HR managers are concerned about sentiments of male employees and a ‘suspicious’ environment at the workplace.

An obstacle to sensitization…

How can the balance be restored?

Inclusivity and ‘on-boarding’ of male employees is crucial for effective sensitization.

The toolbox provides:

Gender-neutral framework that can be implemented by organizations to protect male employees as well, guides for men on what to do if they face sexual harassment at workplace

Do’s and don’ts for men to minimize risk of sexual harassment complaints Guides on how to respond to malicious complaints

Hindi version is available for sensitization of staff

Hindi version screenshots

End Sexual Harassment Advantage - Summary

Capacity building• Training material for decision-

making

• Gender-neutral implementation guides

• How to detect false complaints

• Case studies

• Doubt-clearing with the help of experts

• Sample decisions, orders and summons and agreement drafts

Sensitization• Highly simplified and

engaging video training

• Sensitization materials accessible 24 x 7 on web and android

• Practice questions

• Certification for sensitized employees

• Hindi version available on request

Compliance• Training material

• Sample reports

• Notices

• Employment clauses

• Checklists and flowcharts for ready reference

Other value-additions

State governments are expected to pass state-specific rules. The toolbox will be updated with the latest developments through the year.

Doubt-clearance with experts

Situational examples and case studies, with more real-life case-studies and simulations to be created as the law is implemented by different organizations periodically.

Hindi version for sensitization is available

Gender-neutral version framework may be implemented by organizations for better work environment

Screenshots – web version

Android

Endorsed by industry bodies to their members