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Bullying and Harassment Policy
I need a comprehensive Bullying and Harassment Policy that outlines clear definitions, reporting procedures, and consequences for violations, ensuring compliance with Indian labor laws and promoting a safe and respectful workplace environment for all employees.
What is a Bullying and Harassment Policy?
A Bullying and Harassment Policy sets clear rules to protect employees from unwanted behavior at work, in line with India's Sexual Harassment of Women at Workplace Act and related labor laws. It defines unacceptable conduct like verbal abuse, physical intimidation, social exclusion, and cyberbullying while establishing reporting procedures for victims.
The policy helps Indian organizations create safer workplaces by spelling out consequences for offenders, protecting whistleblowers, and requiring managers to address complaints promptly. It typically includes guidance on filing complaints with Internal Committees, timelines for investigation, and support measures for affected employees.
When should you use a Bullying and Harassment Policy?
Organizations need a Bullying and Harassment Policy from day one of operations in India, especially when hiring their first employees. This policy becomes crucial during workplace conflicts, when employees report misconduct, or when expanding operations across multiple locations. It's particularly important for companies with more than 10 employees to comply with Prevention of Sexual Harassment (POSH) regulations.
The policy proves invaluable during internal investigations, helping HR teams and Internal Committees handle complaints systematically. It also serves as a vital reference during employee orientation, management training, and when updating workplace conduct standards to address emerging issues like digital harassment or remote work conflicts.
What are the different types of Bullying and Harassment Policy?
- Basic Policy - Covers essential elements like definitions, reporting procedures, and consequences, suitable for small businesses and startups
- Comprehensive Policy - Includes detailed sections on digital harassment, remote work conduct, and third-party interactions, ideal for larger corporations
- Industry-Specific Policy - Adapts guidelines for unique workplace settings like healthcare, manufacturing, or IT sectors
- POSH-Integrated Policy - Combines bullying provisions with Sexual Harassment prevention requirements under Indian law
- Multi-Location Policy - Features jurisdiction-specific clauses for organizations operating across different Indian states
Who should typically use a Bullying and Harassment Policy?
- HR Managers: Draft and implement the Bullying and Harassment Policy, conduct training sessions, and oversee complaint procedures
- Internal Committee Members: Investigate complaints, maintain confidentiality, and ensure fair resolution as per policy guidelines
- Department Heads: Help enforce policy standards, report violations, and create awareness within their teams
- All Employees: Must understand, follow, and report violations of the policy, including temporary and contract workers
- Legal Teams: Review policy compliance with Indian workplace laws, update provisions, and advise on enforcement
- External Consultants: Provide expertise on policy drafting and conduct specialized training programs
How do you write a Bullying and Harassment Policy?
- Company Details: Gather information about organization size, industry type, and workplace locations across India
- Legal Requirements: Review POSH Act guidelines, state-specific labor laws, and industry regulations
- Reporting Structure: Map out your Internal Committee composition and complaint handling procedures
- Current Issues: Document existing workplace conduct problems and past incident patterns
- Communication Plan: Prepare training schedules and awareness programs for policy rollout
- Implementation Tools: Set up complaint forms, investigation checklists, and documentation systems
- Review Process: Plan regular policy updates and effectiveness assessments
What should be included in a Bullying and Harassment Policy?
- Scope and Purpose: Clear definitions of bullying, harassment, and workplace boundaries
- Legal Framework: References to POSH Act, labor laws, and relevant Indian regulations
- Prohibited Conduct: Detailed examples of unacceptable behavior and misconduct categories
- Reporting Mechanism: Step-by-step complaint procedures and Internal Committee structure
- Investigation Process: Timelines, confidentiality rules, and evidence handling protocols
- Corrective Measures: Range of disciplinary actions and remedial steps
- Protection Clauses: Anti-retaliation provisions and witness safeguards
- Review Schedule: Policy update frequency and amendment procedures
What's the difference between a Bullying and Harassment Policy and a Sexual Harassment Policy?
A Bullying and Harassment Policy differs significantly from a Sexual Harassment Policy in several key aspects, though they both aim to protect employees. While the Sexual Harassment Policy specifically addresses gender-based misconduct under India's POSH Act, a Bullying and Harassment Policy covers a broader spectrum of workplace misconduct.
- Scope of Coverage: Bullying policies address all forms of workplace intimidation, regardless of gender or motivation, while Sexual Harassment policies focus specifically on sexual misconduct
- Legal Framework: Sexual Harassment policies must strictly follow POSH Act requirements, while Bullying policies can be more flexibly structured under general labor laws
- Committee Structure: Sexual Harassment policies require a specific Internal Complaints Committee composition, while Bullying policies can work with different grievance handling mechanisms
- Investigation Timelines: POSH cases follow strict 90-day resolution deadlines, whereas bullying investigations can follow company-determined timeframes
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