Dear Seniors,
I am seeing a number of profiles with Certified POSH Trainer or Certified POSH Professional. I will be highly obliged if someone replies to my following questions:
1. What is (or who are) the POSH certified trainer or POSH certified professional?
2. Who is the assigned authority to issue such kind of certification and to whom?
3. What is the criteria for such certification?
4. Under what law and what section is this certification granted?
Thank you.
From India, Mumbai
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191I am seeing a number of profiles with Certified POSH Trainer or Certified POSH Professional. I will be highly obliged if someone replies to my following questions:
1. What is (or who are) the POSH certified trainer or POSH certified professional?
2. Who is the assigned authority to issue such kind of certification and to whom?
3. What is the criteria for such certification?
4. Under what law and what section is this certification granted?
Thank you.
From India, Mumbai
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No certification is required by or under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, and the rules framed thereunder gazetted on 9.12.2013. The Ministry of Women & Child Development has some names and particulars of a few agencies claiming they possess competencies to provide services in the domain of sexual harassment of women at the workplace.
The judgments of High Courts and our Honorable Supreme Court relating to the improper functioning of a few Internal Committees paint a very different, far from befitting picture. Less said, the better.
The aforesaid is my perspective.
Harsh K Sharan, Kritarth Consulting Team
From India, Delhi
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The judgments of High Courts and our Honorable Supreme Court relating to the improper functioning of a few Internal Committees paint a very different, far from befitting picture. Less said, the better.
The aforesaid is my perspective.
Harsh K Sharan, Kritarth Consulting Team
From India, Delhi
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Thank you, Harsh K Sharan, for your prompt response.
I asked those questions since I was once rejected by one of the companies on the criteria that I am not a certified professional. Even after telling the HR guy that there is no such thing as certified professionals or certified trainers under the POSH Act or any guideline for this by the Government. I have the requisite qualifications for an External Member under POSH. I have conducted a number of awareness workshops for many companies. However, some companies still insist on certified professionals or certified trainers.
Can you please let me know the procedure to obtain this certification? I would be highly obliged.
From India, Mumbai
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I asked those questions since I was once rejected by one of the companies on the criteria that I am not a certified professional. Even after telling the HR guy that there is no such thing as certified professionals or certified trainers under the POSH Act or any guideline for this by the Government. I have the requisite qualifications for an External Member under POSH. I have conducted a number of awareness workshops for many companies. However, some companies still insist on certified professionals or certified trainers.
Can you please let me know the procedure to obtain this certification? I would be highly obliged.
From India, Mumbai
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I am serving as "Third Party" as our Honorable Supreme Court ruled in 1997 in Vishaka Judgment and ordered all employers to constitute a Committee towards redressal of Sexual Harassment complaints submitted by aggrieved women. As we know, the SC judgement is to be treated as law passed by the Parliament per Article 141 of our Constitution.
The aforesaid creation was later incorporated in SHWW (P, P & R) Act 2013 gazetted and which came into force w.e.f. 9th December 2013 and is applicable to all workplaces. Under Section 4, the 4th member/functionary of every Internal Committee has to necessarily be one non-employee outsider (erstwhile Third Party) who is, inter alia, "a person fully familiar with the issues of sexual harassment at the workplace including 'quid pro quo'.
This IC member (external), as I would opt to refer to for IC records, ought to be a stout and strong character who is capable to be and remain unbiased, unprejudiced, impossible to be influenced by any internal or external individual, never succumbs to pressure, ethical, and above all never jumps to conclusions until the last word has been spoken and or recorded by the IC in IC records/documents created during IC proceedings in the presence of the aggrieved woman complainant and the respondent, both, and is far from being arbitrary.
Not casting any aspersion on anyone serving as IC member (external), yet the fact and reality remain that this person must undoubtedly incur complete trustworthiness of all three parties to any SH complaint redressal, namely the employer, the aggrieved woman-complainant, and the employee-respondent.
Trust the mandated position is clarified, and I still desist recommending any certification courses since the mandatory twin programs for IC members are more than sufficient to educate IC members - present and future - to be able to deftly and diligently discharge their legal duties, properly and faithfully. The twin mandatory programs for IC members are prescribed under Section 19, namely 1. Orientation Program and 2. Capacity and Skill-building Programs to be compulsorily organized by every employer at regular intervals. Every IC is law-bound to include the data regarding these twin programs in IC's Annual Report for each calendar year.
Experience by far is the best proof of competency acquired in the course of time/passage of time.
Harsh Kumar Sharan, XLRI Alumnus
Special Educator & Serving Member (External)
Kritarth Team,
14 July 2020
From India, Delhi
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The aforesaid creation was later incorporated in SHWW (P, P & R) Act 2013 gazetted and which came into force w.e.f. 9th December 2013 and is applicable to all workplaces. Under Section 4, the 4th member/functionary of every Internal Committee has to necessarily be one non-employee outsider (erstwhile Third Party) who is, inter alia, "a person fully familiar with the issues of sexual harassment at the workplace including 'quid pro quo'.
This IC member (external), as I would opt to refer to for IC records, ought to be a stout and strong character who is capable to be and remain unbiased, unprejudiced, impossible to be influenced by any internal or external individual, never succumbs to pressure, ethical, and above all never jumps to conclusions until the last word has been spoken and or recorded by the IC in IC records/documents created during IC proceedings in the presence of the aggrieved woman complainant and the respondent, both, and is far from being arbitrary.
Not casting any aspersion on anyone serving as IC member (external), yet the fact and reality remain that this person must undoubtedly incur complete trustworthiness of all three parties to any SH complaint redressal, namely the employer, the aggrieved woman-complainant, and the employee-respondent.
Trust the mandated position is clarified, and I still desist recommending any certification courses since the mandatory twin programs for IC members are more than sufficient to educate IC members - present and future - to be able to deftly and diligently discharge their legal duties, properly and faithfully. The twin mandatory programs for IC members are prescribed under Section 19, namely 1. Orientation Program and 2. Capacity and Skill-building Programs to be compulsorily organized by every employer at regular intervals. Every IC is law-bound to include the data regarding these twin programs in IC's Annual Report for each calendar year.
Experience by far is the best proof of competency acquired in the course of time/passage of time.
Harsh Kumar Sharan, XLRI Alumnus
Special Educator & Serving Member (External)
Kritarth Team,
14 July 2020
From India, Delhi
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Dear colleague,
To put it shortly, no law yet mandates certification in India for POSH implementation. But anybody imparting well-integrated and comprehensive training for the POSH Act may be of great help. However, the insistence on its certification is wrong and is sheer ignorance.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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To put it shortly, no law yet mandates certification in India for POSH implementation. But anybody imparting well-integrated and comprehensive training for the POSH Act may be of great help. However, the insistence on its certification is wrong and is sheer ignorance.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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We, at Ungender, have been running Certification for POSH Practice for six years now. However, the certification ensures a larger industry standard after some time. It is to recognize a specific area of practice and acquisition of necessary theoretical knowledge on a subject one claims to have expertise in. In the eyes of the companies, a professional qualification allows them to distinguish this. Also, there are various practitioners out there who are advising companies. These individuals having never undertaken any or even five investigations are providing training to IC members. Without any practical hands-on experience and structured knowledge consumption, the industry of POSH Practitioners is fluid and receiving a very frail reputation. Just like any other field of business advisory, it then becomes necessary to bring about a standard with which we can look at the practitioners and segment them. Certification is just one of the aspects.
Pallavi Pareek
www.ungender.in
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Pallavi Pareek
www.ungender.in
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Dear colleagues,
Regardless of the legal backing for certification for POSH training providers, it will serve the purpose if such training is built on theory and a vast amount of real-life case studies in a comprehensive manner. Such training providers are certainly welcome and must be appreciated.
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Regardless of the legal backing for certification for POSH training providers, it will serve the purpose if such training is built on theory and a vast amount of real-life case studies in a comprehensive manner. Such training providers are certainly welcome and must be appreciated.
Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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