PoSH in Co-Working Environment

1. PoSH is Possible in Co-Working Environment!

2. About PoSH The POSH Law – Prevention of Sexual Harassment – is a sexual harassment law introduced to protect women against sexual harassment at the workplace. The POSH Laws cover prevention, prohibition, and redressal of cases of sexual harassment of women. These laws apply to all types of employers – companies, partnerships, and sole proprietorship firms – irrespective of the number of employees, size of the business, and other factors. However, companies with more than 10 employees have greater compliance requirements. Non-compliance does attract monetary penalties and repeated instances could lead to cancellation of license and registration for running a business. To ensure compliance, a Director’s report must include confirmation that the company has ensured POSH compliance.

3. Co-Working Spaces Co-working spaces, to simply put are shared workspaces and can be used by individuals or even companies who need additional office space for a short time. Co-working spaces usually offer a range of amenities such as desks, private cabins and meeting rooms, pantry, wi-fi, and a lot more. The big draw for such spaces is the feel of a community and being able to engage with many different people while offering freedom and flexibility. Cost is another major advantage since one can choose between fee structures ranging from daily to monthly options. Typically freelancers, start-ups, smaller teams, and even entrepreneurs are the main clientele for such spaces.

4. Sexual Harassment in Co-Working Places The use of co-working spaces has seen a sharp rise over the years, and has brought with it a spate of questions, issues and, challenges regarding sexual harassment, who is responsible to prevent it, and how does one deal with such cases. Given that this is a new and evolving model of working in an office, it is the employers who would be held liable for any instances of sexual harassment. Additionally, individuals occupying these spaces would be liable for such inappropriate behaviour. The co-working space is also required to have an PoSH Committee and should a woman be sexually harassed while at the co-working space, she has the option to file a complaint with the IC of the co-working space.  The risks and instances of sexual harassment are more pronounced in co-working spaces since there could be a vendor causing the nuisance, or an independent contractor or even visitors of other companies occupying the co-working area.

5. How to prevent it? In all instances, including the perpetration of sexual harassment by a third party employee, the employer’s IC or the IC of the co-working space (depending on where the woman files the complaint and also on whether the employer has an IC) would have to handle the matter. Of course, the complainant always has the option to file a criminal complaint with the police, since sexual harassment is a criminal offense as well.   It becomes critical for employers and individuals renting the co-working space to know how to prevent such acts and also what they need to do if such an accusation is brought to the fore. Understanding and learning the POSH policies of the co-working offices before occupying the space is essential. Such knowledge will help the employer to ensure that the employees comply with the policies and behave appropriately. Sexual harassment must be placed under the zero-tolerance policy and strict punitive action taken (post inquiry) if such behaviour does take place. This would be true, as mentioned, even for vendors and third-party employees working with a company.

6. How to prevent it? What must be remembered is that each instance of sexual harassment would be unique, and hence both parties involved must be spoken to before making any decision. Confidentiality, sensitivity, and integrity are paramount when dealing with such cases, to ensure that no one is falsely accused and punished, and also that the perpetrator does not escape punishment. This would also include reporting the incident to the person/company owning the co-working space and gain access to any closed-circuit camera footage to ascertain the incident.  It is also the responsibility of the employer to ensure that the person reporting the incident (could be different from the actual victim) and the victim as well as witnesses (if any), are protected from any retribution and retaliation by the person against whom the complaint is lodged. Employers could seek advice to gain proper guidance on how to action the case and prevent any risk of further litigation.

7. Always Remember It must be remembered that both men and women can fall prey to sexual harassment, and either a woman or a man can be the perpetrator. Even a person of the same sex as the victim could be the harasser. As mentioned, each person must remain aware of policies surrounding sexual harassment, and these policies must be clearly communicated and periodically reiterated by the employer. People must understand that any such incidents must be reported immediately to the IC, even if the person is not the victim. Anyone making the complaint must know that they would be heard, not ridiculed and there would be no retaliation, especially if the perpetrator is someone from the higher ranks in the organization. Employers and ICs must ensure that such complaints are dealt with immediately and if the person is found guilty, strict action including immediate dismissal from the company is put into place. 

8. Always Remember Sexual harassment is a serious matter and employers must take cognizance of every complaint. The rank and stature of both the harasser and victim must never be a decision making factor since the decision would not remain unbiased. Employers and those responsible for ensuring POSH compliance must remain abreast with changes in laws and in the workplace, such that they take action immediately and objectively. Harassment of any kind (especially sexual) can take place anywhere, at any time, and anyone can be a victim – prevention of sexual harassment is therefore both a collective and individual responsibility. Let’s make co-working and co-existing fun!

9. As we are faced with various discrimination and/or harassment issues facing our organizations, paying close attention to the above will help us be more effective as human resources professionals.  For more information visit: https://www.mud.co.in/posh/

10. Thank You!