Written By: Vasudevan V, 🖊 edited by Varna Note from the Editor: ‘Explainers’ are a new series at Ungender Insights. An explainer is a conversation, not a traditional article. At Ungender our explainers aim to answer questions, but not just any question. These are questions that focus on the practical. We feature ready-reckoners or tip-sheets for…
Written By: Vasudevan V, 🖊 edited by VarnaNote from the Editor: ‘Explainers’ are a new series at Ungender Insights. An explainer is a conversation, not a traditional article. At Ungender our explainers aim to answer questions, but not just any question. These are questions that focus on the practical. We feature ready-reckoners or tip-sheets for common situations or terms that one comes across, while aiming to ensure PoSH compliance or implement D&I, in our workspaces. We hope the series proves useful!
The business model also then requires this varied workforce, with varying contractual arrangements to be employed in a complex structure of workplaces some of which don’t quite meet the straightforward definition of a workplace, for instance counter-staffers of brands who are deployed inside multi-brand retail outlets within a multi-outlets mall. Think about a multi-brand cosmetics store in an upscale mall. You walk in and find dedicated staff from various cosmetics brands selling their line of products within the larger cosmetics store. These are smaller workspaces, embedded in a larger workspace clustered in a still larger workspace, a mall. How does this structure operate?In reality, to set up and operationalise a multi-brand retail outlet several layers of contractual relationships are required. For example, the main manager of the overall store is probably a direct employee (perhaps permanent or perhaps contractual) of the physical space’s owner. The multi-brand workspace owner contracts and probably pays rent for or payments of some kind to either the mall owner or the operator. Individual brands sign a contract with the owner of the store to sell their brands within the store but they don’t provide the personnel for in-store promotions, directly. The personnel are deployed by a third manpower, staffing or personnel agency whose sole business is to provide brand-level staff custom hired for retail businesses.
Thus, these personnel are neither employees of the brands they sell nor are they employees of the retail workspace owner. Instead they sign staffing contracts with the agency – they even hold the agency’s ID cards. They are, however, trained to sell particular brands and this is enabled by a contractual relationship between the people-agency and the brands that use them. These types of arrangements are common in workspaces that have canteens, security staff and housekeeping staff too.Now the law applies to all establishments and all personnel irrespective of whose payroll such employees are and the contractor/principal employer. In case of dispute or a complaint of sexual harassment, given the multiplicity of relationships, it becomes essential to map out the responsibilities, especially for purposes of compliance but even more for appropriate and quick redressal.
The key question, which arises is whose PoSH Committee (i.e. which agency or institution) is responsible, under law, to receive complaints, hold inquiries and to provide efficacious remedy to the aggrieved.
By a woman employee, of the retail workspace, against another direct employee
By a woman employee, of the retail workspace owner’s contractor, against an employee
By a woman employee of a brand/its contractor operating out of a retail workspace, against the retail workspace owner’s direct employee
By a woman employee of a brand operating out of a retail workspace or its contractor, against the brand’s own employee
By any woman employee, against a walk-in customer
By a customer, against any of the above categories of employees
A busy business, coupled with a lack of training that explains why employee welfare is essential to profits, is a recipe for disaster. All too often such businesses try to circumvent procedure, either by implementing ad-hoc solutions that do no party any good, or more commonly simply ask the complainant/victim to leave.The Constitution of India, guarantees its citizens “equality of status and opportunity”, under Article 14. A safe workplace is, therefore, a woman’s legal right. With improved access to education and employment, millions of women have found the opportunity to enter the workforce and the retail industry in particular has often stepped up to provide these jobs. While this is a good thing, it is unfortunate that the retail industry hasn’t done enough just yet, to ensure the safety of the women it employs.
Also Read: It Is Time To Review Your Anti-Sexual Harassment Policy
About the author: Vasudevan has a rich experience in legal and corporate governance over 35+ years experience in FMCG and Retail Industry. currently he is the General Counsel(Consultant) for Smollan-HUL JV and the Head – Retail Vertical for Ungender.
Backed by enterprise-grade security and compliance
Your sensitive workplace data deserves the highest level of protection. We maintain rigorous security standards and compliance certifications to ensure your organization's information remains secure, confidential, and audit-ready.
View Security Center