BW People July-Aug 2023

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 51 Fostering a diverse and inclusive workforce presents a compelling business argument, enhancing a company’s employer branding and effectively addressing its social obligations towards the wider community Engage: Diversity and inclusivity is at its best when heard, acknowledged and acted upon – we take this seriously – our constant and persistent endeavour is to make time to engage, to listen to talk; this approach has not only helped us get closer to our PwD community but has also given us direct insights from our ambassadors on what can make our workplace truly inclusive. Anupama Singh Inclusion Across Life-cycle Workplace Design • Implementation of key findings of accessibility audit as per RPWD Act • Braille support and visual enhancement tools at most of the sites • Included 21 disabilities as per RPWD Act & reasonable accommodation form in HRIS Talent Acquisition • Robust sourcing strategy through college to connect programme, enhanced empanelment with NGO/ vendor partners, employee referral programme, external hiring drives & partnership with clients • Conducted job mapping exercise to assess role suitability, reasonable accommodations, assistive tools & technologies • Equipped recruiters with job analysis & creation of inclusive job descriptions through job mapping workshop Talent Management • Track performance and promotion groups of PwD vs overall organisation • Career survey assessing aspirations & interest areas • Take Flight-A customised learning journey addressing career progression (63 certified) • Enrolment in iRise global mentoring programme Other • Rewards & benefits: Additional healthcare coverage along with ESIC, children & siblings with disabilities coverage under medical insurance & provision of assistive devices reimbursement • Door-drop transport facilities • Commitment of senior executive team as Staff Resource Group executive sponsors • Employee engagement through leadership coffee connects, networking forum & marking days of significance. Could you please give us a sense of the kind of research done regarding different disabilities, so that appropriate education and training can be provided and specific job roles can be assigned accordingly? We followed a systematic approach to understand the suitability of job roles for PwD, reasonable accommodations, assistive tools and technologies required to enhance the efficiency of PwD. We also partnered with specialised organisations that assisted us in this activity. The 3-step approach involved: Step 1: Mapping CNX job roles with the degree (high, medium & low) of functional requirements (mobility, hearing & vision) and identifying unique job roles. Vendor partner will assist in identifying 5-7 unique job roles such that their functional needs are unique and distinct. Step 2: Identifying unique job roles by a desk review of the job descriptions, interactions with staff and managers working on that role. Step 3: Mapping jobs against disability-type accommodations requirement. At the end of this exercise, we were able to have these outputs - inclusive job description; mapping the role to the degree of functionality; disability-wise reasonable job accommodations and indicative list of assistive technologies, pre-selection and on boarding accommodations. Example: Degree of Functional Requirement for the role Sr No Role Mobility Hearing Vision 1 Team leader High High High 2 WFM Medium High High 3 QA High High High 4 Process trainer High High High 5 HRBP High Medium Medium 6 Voice domestic Low High High 7 Email/chat &/ Or back office Low Medium High 8 Content moderation Low Medium High

52 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM SPECIAL STORY By Krishnendra Joshi › If a company has its heart in the right place, the inclusive community consciousness may not only reflect in enhanced brand reputation but will also trickle down to the bottom line The Business Case With A Few Questions For India Inc Back in 2017, Nike won hearts with a winning campaign called ‘Unlimited Courage’. The sports brand showed stories of human courage, hope and achievement to beat all odds and shine. While Nike has always pushed the envelope when it comes to its creative ad campaigns, this one with a humane touch made the right noise and won accolades the world over. The unique differentiator in these Nike ads telling human stories is that they advance the cause of LGBTQIA+ and PwD inclusion in sports. More than that, the campaign established Nike as a company conscious of its commitment to PwD inclusion.

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 53 of things. “PwD inclusion gives a competitive advantage to a company”, says Mohanty. And for companies like IBM and Accenture who follow the practice to the tee, the competitive advantage often translates into better sales, higher productivity and more importantly, a larger pool of human capital. If numbers tell a story, companies in the top quartile for racial and ethnic diversity are 35 per cent more likely to have financial returns above their respective national industry medians, a report from McKinsey & Company found out. “A robust D&I policy can enhance a company’s reputation, making it attractive to a broader pool of potential employees. It shows that the company values every individual, regardless of their background, and this can play a significant role in attracting and retaining talent”, says Anupama Singh, Regional HR Leader, Concentrix. Not a tick box assignment Although leading companies globally are opening up to the potential PwD inclusive workforce brings to the decision table on every count, there has been marginal development on this front in India. While organisations in India want to take up the cause, the common consensus is that they don’t want to make a policy document or a SOP, just for tokenism. Leading organisations in India understand the reputational risk involved when it comes to PwD inclusion. It is a sensitive cause that demands a roadmap with meticulous clarity and implementation under committed leadership. • Whether the organisation is willing to allocate time and resources for employee sensitisation? • Whether the organisation is willing to make the necessary infrastructure for PwD employees? • Whether organisations have the capacity to provide for reskilling and upskilling of PwD employees? • Would the hiring process accommodate PwD candidates? These are some of the surface-level questions that need well-thought answers. Evolution to come with the right understanding More than the pertinent questions, the maturity around the case of PwD inclusion will come with the right understanding of the lived experience of people with disabilities. This not only demands organisations to evolve but evolution on the part of Indian society as well. With companies like Microsoft, Accenture and Adobe finding solutions through a combination of innovative policies and new-age technology designed to improve accessibility for PwD candidates, there is a ray of hope for taking further strides in advancing the cause of PwD inclusion. PwD inclusion, no longer a social imperative only And as they say, when people can do it in sports, they can do it anywhere. In recent years, companies are increasingly becoming conscious of how PwD inclusion is not just a social imperative but a means to take the brand story forward. And if a company has its heart in the right place, the inclusive community consciousness may not only reflect in enhanced brand reputation but will also trickle down to the bottom line. As Priyanka Mohanty, Vice President – HR, Startek, rightly says, “Encouraging diversity and inclusivity in the workforce is important for companies to fulfil their social responsibilities.” “By creating a workplace that values diversity and inclusivity, companies can help break down societal barriers and biases. This creates opportunities for underrepresented groups, benefiting individuals and society as a whole”, she adds. PwD inclusion builds more authentic brands If one looks at the leading companies across the world in terms of popularity, one will find some common themes on why these brands are loved around the world. While there are plenty of options to choose from while making the buying decision, people generally would like to buy from companies that they can trust, find authenticity in their messaging and stand for product quality of the highest standard. In essence, companies that are perceived as closer to a set of core human values are likely to score high when it comes to gaining a loyal consumer base which later transforms into a cult fan following for a brand. This is where the D&I story, especially the case of PwD inclusion, fits into the grand scheme

54 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM PRIDE SPECIAL By Sugandh Bahl LGBTQIA+ individuals have made considerable advances in securing equal rights, greater social visibility, and acceptance and equality in the workplace. However, there is still significant discrimination—and, in many countries, discriminatory laws— against the community. While it is evident that we have come a long way in inclusion of LGBTQIA+ community, making them feel at ease and helping them accept who they are or want to be, but there is much distance to be covered. A study by the Organisation for Economic Co-operation and Development (OECD) found that gay applicants in OECD countries are about 50 per cent less likely to be invited to a job interview than their straight counter- › A peak into the advances made towards inclusion of persons of the Pride community, and the shortcomings that need to be addressed parts; they earn, on an average, 4 per cent less than their heterosexual peers; and they are 11 per cent less likely to hold a high managerial position. No wonder, LGBTQIA+ people are reluctant to be out at work — there are only a few LGBTQIA+ CEOs in the Fortune 500. In India, earlier, the context of diversity did not extend beyond women’s representation in the workforce. That is slowly, but surely, changing now. In September 2018, the Supreme Court decriminalised homosexuality by scrapping section 377 of the Indian Penal Code. This threw a sharp focus on the support to LGBTQIA+ employees at the workplace. However, a lot still needs to be done to welcome gender minorities into the workplace. In the Indian context Indian organisations have begun to focus on Diversity and Inclusion agenda within the organisational ecosystem. Companies are now incorporating new titles like ‘Diversity Officer’, ‘Chief Diversity Officer’ and ‘Diversity and Inclusion Consultant’. It is also used as a measure to promote employee engagement and attract key talent. In fact, Indian companies like Tech Mahindra, TCS and Godrej have received global recognition for their D&I endeavours. Earlier, even the boardroom talks were restricted to providing measures towards female inclusion in the workplace realm but over past decade the focus has shifted towards the inclusion of other talented individuals from all walks of life, includEVOLUTIONS OF LGBTQIA+ INCLUSION AT WORKPLACES EVOLUTION OF LGBTQIA+ INCLUSION AT WORKPLACES

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 55 ing LGBTQIA+ individuals. Today’s LGBTQIA+ workforce has undergone a fundamental generational shift, both in terms of how it defines itself and what it expects of workplace inclusion. The LGBTQIA+ workforce is far more racially diverse and more likely to include people with more varied sexual orientations than in the past, particularly among younger generations. The evolving makeup of the LGBTQIA+ workforce and its multifaceted composition present challenges to changing organisational culture — but in this complexity lies the solution. Future D&I efforts aimed at LGBTQIA+ employees must acknowledge multiple personal attributes in addition to sexual orientation and gender identity. Demographic factors (like race, generation, and immigrant status) and life factors (such as caretaker status, religious belief, managerial level, and income) mean that each LGBTQIA+ employee has a different life experience. Successful culture change will take a “segment of one” lens to acknowledge each employee’s unique life context and needs. Present scenario A key issue is that the earliest D&I initiatives were aimed at establishing anti-discrimination and non-retaliation policies. Subsequent efforts that focused on benefits parity, ERGs, and recruiting processes were designed to level the playing field. These programmes tended to cover formal interactions but did not address daily, informal interactions. Nor were they meant to activate the entire workforce around inclusion. In that way, those policies and initiatives were critical but are no longer enough to create an inclusive workplace or change the behaviours and biases of majority groups. Further, companies should issue clear guidelines about the use of pronouns, stipulating that employees can expect their colleagues to use the pronouns they use. Companies should strive to use gender-neutral language and incorporate it into formal communication (for example, during introductions and at the beginning of team meetings). This approach shifts the burden away from LGBTQIA+ employees and instead creates an expectation of inclusion that applies to the entire workforce.

56 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM By Sugandh Bahl I n recent years, there has been an increasing recognition of the importance of empowering LGBTQIA+ (lesbian, gay, bisexual, transgender, queer/questioning, intersex and other diverse sexual and gender identities) professionals in the workplace. Creating an inclusive and supportive environment that promotes the career growth and development of LGBTQIA+ individuals is not only a matter of fairness and equality but also a strategic advantage for organisations. In an interaction with BW People, Prachi Rastogi, Diversity and Inclusion Leader, IBM APAC, › Prachi Rastogi, Diversity and Inclusion Leader, IBM APAC, explains the dire need for opening up avenues for LGBTQIA+ professionals in the workplaces inclusive and successful workplace for all.” Promoting LGBTQIA+ talent and fostering an inclusive work environment Embracing LGBTQIA+ individuals’ unique perspectives, experiences and skills not only contributes to a more inclusive culture but also drives innovation, boosts employee morale and strengthens organisational performance. By valuing and celebrating differences in sexual orientation and gender identity, organisations create an environment where employees feel accepted, respected and valued for who they are. This inclusive culture helps attract and retain diverse talent, enhancing the organisation’s overall effectiveness. Alongside, actively promoting LGBTQIA+ talent sends a powerful message to prospective employees. When organisations demonstrate a commitment to LGBTQIA+ inclusion, they attract top talent from the LGBTQIA+ community who seek workplaces where they can be their authentic selves. Moreover, by fostering an inclusive work environment, organisations increase employee satisfaction, loyalty and retention, reducing turnover costs. Required resources to empower LGBTQIA+ professionals Primarily it is essential to be working amongst a lot where your leaders or managers are sensitive towards your needs to giving out your best output. To empower LGBTQIA+ professionPRIDE SPECIAL Empowering LGBTQIA+ Professionals In Organisational Realm highlights the need for opening up avenues for LGBTQIA+ professionals in workplaces. Talent hiring practices that empower LGBTQIA+ professionals are vital for creating inclusive workspaces, attracting top talent, fostering innovation and promoting employee engagement and retention. Rastogi says, “By providing opportunities for career growth, professional development and mentorship, organisations not only benefit from the unique perspectives and contributions of LGBTQIA+ professionals but also demonstrate their commitment to equality and diversity. Empowering LGBTQIA+ professionals is a winwin situation, leading to a more

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 57 als and foster an inclusive work environment, organisations can allocate specific resources. These resources help create a supportive culture, provide necessary support systems and promote the success and wellbeing of LGBTQIA+ employees. Here are some essential resources organisations can consider: Diversity and Inclusion Policies: Establish comprehensive diversity and inclusion policies that explicitly include LGBTQIA+ individuals. These policies should outline the organisation’s commitment to equal opportunities, non-discrimination and LGBTQIA+ inclusion in all aspects of employment. Employee Resource Groups (ERGs): Support the formation and operation of LGBTQIA+ employee resource groups or affinity groups. These voluntary employee-led groups provide a platform for networking, mentorship, advocacy and support within the organisation. Employee Assistance Programmes (EAPs): Provide access to employee assistance programmes that offer mental health support, counselling services and resources specifically tailored to LGBTQIA+ employees. Ensure these programmes are inclusive, knowledgeable and sensitive to the unique challenges LGBTQIA+ individuals may face. Educating and training the workforce to be sensitive towards LGBTQIA+ professionals is an essential step in fostering an inclusive and supportive work environment; by promoting awareness, understanding and empathy, organisations can create a culture that respects and values LGBTQIA+ individuals Mentorship and Sponsorship Programmes: Establish mentorship and sponsorship programmes that specifically focus on supporting LGBTQIA+ professionals. These programmes can connect LGBTQIA+ employees with experienced mentors or sponsors who can provide guidance, advice and career support. Educating and training the workforce Educating and training the workforce to be sensitive towards LGBTQIA+ professionals is an essential step in fostering an inclusive and supportive work environment. By promoting awareness, understanding and empathy, organisations can create a culture that respects and values LGBTQIA+ individuals. Organisations must not even consider hiring such professionals unless they haven’t sensitised their existing workforce on how to behave and work with peers from LGBTQIA+ professionals. It is essential to provide comprehensive training sessions that increase awareness and understanding of LGBTQIA+ identities, terminology and experiences. This training should cover topics such as sexual orientation, gender identity, intersectionality and the challenges faced by LGBTQIA+ individuals in the workplace. It takes utmost guts for them to be able to open up to who they are and if the acceptability takes time, then as an organisation you may fail to live upto their expectations forever and may even hamper their trust. Alongside, educating employees about the relevant laws, policies and regulations that protect LGBTQIA+ individuals from discrimination and harassment further help in ensuring that employees understand their rights and responsibilities in upholding these protections and fostering an inclusive work environment. The need of the hour today is to teach employees about using inclusive language and respectful communication when interacting with LGBTQIA+ colleagues. They must also be provided with guidelines on using correct pronouns, avoiding derogatory language and understanding the importance of affirming and inclusive terminology. By investing in the education and training of the workforce to be sensitive towards LGBTQIA+ professionals, organisations can foster an inclusive and supportive workplace culture. This will further help in promoting employee wellbeing engagement and productivity while cultivating an environment where LGBTQIA+ individuals can thrive and contribute their unique perspectives and talents. Prachi Rastogi

58 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM “Embracing Allyship For LGBTQIA+ Colleagues” PRIDE SPECIAL By Sugandh Bahl › Jaya Singh Panda, Chief Learning & Development and Chief Diversity Officer, Tata Steel, stresses on the need for the organisations to sensitise and train their employees for becoming active allies for employees coming from LGBTQIA+ community I n an era that values diversity, inclusion and equality, organisations are increasingly recognising the importance of creating an environment where every employee feels safe, respected and empowered to be their authentic selves. To achieve this, it is crucial to train employees to be effective allies for their LGBTQIA+ colleagues. Allyship goes beyond tolerance; it encompasses actively supporting and advocating for the rights and wellbeing of LGBTQIA+ individuals. By providing comprehensive training programmes, organisations can equip their employees with the knowledge, understanding and skills needed to become effective allies. Jaya Singh Panda, Chief Learning & Development and Chief Diversity Officer, Tata Steel, got into a candid video conversation with Sugandh Bahl and elucidated on the dire need for the organisations today to train their employees for becoming active allies for LGBTQIA+ employees. Components of allyship training Creating an inclusive workplace requires intentional efforts to dismantle biases, challenge stereotypes and foster empathy. Training employees to be LGBTQIA+ allies serves as a cornerstone in building a supportive and affirming environment. Through education and awareness, organisations can empower their workforce to address prejudices, dismantle barriers and contribute to a culture of respect and acceptance. Talking about the allyship programme at Tata Steel, Panda explains how the organisation

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 59 By prioritising the wellbeing and success of LGBTQIA+ employees, organisations not only cultivate a positive work culture but also drive innovation, productivity and employee satisfaction ployees should be made aware of the company’s aim behind working towards any measure.” Other measures include: Education on LGBTQIA+ terminology and identities: Training programmes begin by introducing participants to a comprehensive understanding of LGBTQIA+ terminology, identities and experiences. This education serves to dispel myths, challenge misconceptions and foster empathy by providing a foundation of knowledge about the diverse spectrum of gender identities and sexual orientations. Advocacy and support: Training programmes equip allies with the tools and strategies to advocate for their LGBTQIA+ colleagues. Allies learn how to use their privilege and influence to promote inclusion, challenge discriminatory practices and support policy changes that safeguard the rights and wellbeing of LGBTQIA+ individuals. Confidentiality and respect for privacy: Allies are educated on the importance of confidentiality and respect for privacy in LGBTQIA+ matters. They learn to honour an individual’s chosen name, pronouns and personal journey, recognizing that disclosure of one’s LGBTQIA+ identity should be entirely at the discretion of the individual. Ongoing learning and growth: Allyship is a continuous journey of learning and growth. Organisations emphasise the importance of ongoing education and provide resources such as workshops, webinars and access to LGBTQIA+ support networks. By promoting continuous learning, organisations ensure that allyship remains a dynamic and evolving practice. Creating safe environment In today’s progressive and diverse society, creating a safe and inclusive environment for LGBTQIA+ professionals is a crucial responsibility for organisations across all industries. Such an environment goes beyond mere acceptance; it actively fosters respect, equality and empowerment for individuals of diverse sexual orientations, gender identities and gender expressions. By prioritising the wellbeing and success of LGBTQIA+ employees, organisations not only cultivate a positive work culture but also drive innovation, productivity and employee satisfaction. In this introduction, we delve into the strategies and practices organisations can adopt to create a safe and inclusive environment for LGBTQIA+ professionals, ensuring their voices are heard, their identities are respected and their contributions are valued. Panda reminisces the time when Trans POSH Policy was being drafted and implemented, Tata Steel and employees did come forward to uplift and celebrate this initiative. “And the actual celebratory moment came when together we were able to onboard over a 100 such people from the LGBTQIA+ segment in a span of mere seven months.” Education and awareness play pivotal roles in building an inclusive workplace. Organisations can provide LGBTQIA+ awareness and sensitivity training programmes to help employees understand the unique challenges faced by LGBTQIA+ professionals, foster empathy and challenge biases and stereotypes. These training sessions should cover topics such as LGBTQIA+ terminology, the coming out process, intersectionality and the impact of discrimination and micro aggressions. Through education, organisations can empower employees to allies for their LGBTQIA+ colleagues. has been actively involved in working towards diversity front for quite some time. She underlines, “Training employees to be allies for LGBTQIA+ colleagues involves various key elements, but primarily emJaya Singh Panda

60 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM “More Nuanced LGBTQIA+ Films Now” PRIDE SPECIAL By Resham Suhail The impact of the festival can be assessed by the changing quality of Indian cinema now – from tear-jerker and negative portrayal to more positive portrayal. And we can see more stories not just from urban but also rural India S ridhar Rangayan, filmmaker, writer, activist and festival director of Kashish Mumbai International Queer Film Festival and champion of LGBTQIA+ community rights, has helped spread awareness about this minority group through the medium of cinema. In an interview to BW People, he describes how LGBTQIA+ stories and characters are now being bravely portrayed in films, the challenges that need to be tackled and the support that the community is getting, including from the corporate world. Excerpts: › Sridhar Rangayan, Festival Director, Kashish Mumbai International Queer Film Festival, talks about the evolution of LGBTQIA+ movies and the change in attitude among the corporates Sridhar Rangayan

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 61 How was this festival, focussing on LGBTQIA+ issues, conceptualised and how it has evolved? I have been a filmmaker for almost 25 years now and have made a lot of non-LGBTQ films and TV series, but realised there was no space for LGBTQIA+ stories in the mainstream domain. And so, we started our own production (Solaris) and made Gulabi Aaina (The Pink Mirror) in 2002, which travelled to 18 film festivals across the world but still hasn’t got a censor certification here. But it opened the doors for me to travel across the world and screen films and engage in discussions. And that was an impetus for me to understand the cinematic and film festival space. I wanted to bring that experience of people attending LGBTQIA+ film festival in India and that’s how we started Kashish in 2010, as a 10-member team. Theatre owners we approached were scared but we assured them that we will do it with proper protocols. From a 125-seater hall, we have shifted to 1200-seater Liberty Cinema in 2014. It is a chance for the LGBTQIA+ community to see their lives depicted on the big screen and for non-LGBTQIA+ community, which is about 30 per cent of the audience at the festival now, to understand what their lives are about. What have been the major transformations in your relations with hall owners, other movie makers and other groups? Kashish is a part of a movement from invisibility to visibility. The 2018 Supreme Court verdict decriminalising homosexuality gave people the courage to come to the festival without anxiety or fear. It’s a safe space. The films have changed. Earlier films were about ‘who am I’, they were full of angst. Now there is a lot of joy and most of the films end with happy ending. We now get 70-90 LGBTQIA+ films from India for viewing. This year we are showing 33 Indian films, i n c l u d i n g three feature and many short films and docu m e n t a r i e s . We also carry these to film festivals across the world and put these on platforms like Disney Hotstar. What are some of the major stumbling blocks for you, especially in terms of mainstreaming the film festival? Over the years, it’s a challenge to get sufficient money from sponsors, even though some sponsors have stood by us for the last 10 years. Also, most of the companies have come to us for HR budget, not marketing budget. We want Kashish to be a marketable place and to be a bigger festival. But we have got big support from the mainstream cinema and actors like Sonam Kapoor, Arjun Kapoor, Nawazuddin Siddiqui and Juhi Chawla have graced Kashish in the past. And the press has been really good and covered us, including Gujarati, Marathi and Bengali press. What has been the impact of the festival? The impact of the festival can be assessed by the changing quality of Indian cinema now – from tear-jerker and negative portrayal to more positive portrayal. And we can see more stories not just from urban but also rural India and in various languages. The films are more nuanced, more real and talk about LGBTQIA+ spectrum. Usually, mainstream films are about gay or transgender person. But these feature films and short films, for example, talk about trans men, non-binary persons or asexual persons. I have also seen changes in mainstream cinema space, especially OTT space that is much more embracing of diversity. A lot of corporates are opening in terms of policies. What have been the major catalysts according to you, in this journey? Kashish works with a lot of corporates. We do screenings at their offices. We have round tables where corporates talk about their own journeys in inclusion. LGBTQIA+ candidates have the same capacity. It’s just that they need more hand-holding. We have seen corporates embrace diversity. International corporates like IBM and Morgan Stanley have brought the ethos of their country of origin to India. But several Indian corporates too are proactive. At VIP Industries, Radhika Piramal is a proud champion of inclusion. Godrej, Mahindras too have taken lead. A lot of companies are hiring, not just for entry-level but high-level jobs. But a lot of other companies come only during the Pride Month and paint their logos rainbow.

62 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM “There Is Comfort Around One’s Sexuality Now” PRIDE SPECIAL By Meha Mathur Established in 1994, the Naz Foundation has been played a crucial role in bringing LGBTQIA+ issues to the centre of public life and ensured a greater support of civic society and institutions in inclusion of the community. Anjali Gopalan, founder of Naz Foundation, delineates why the community still doesn’t have rights that others enjoy. Excerpts: What are the significant shifts that have come in various walks of life, especially in education and world of work, as regards the LGBTQIA+ community? › Anjali Gopalan, Founder and Executive Director, Naz Foundation (India) Trust, discusses the progress made in the inclusion of LGBTQIA+ community and the areas where much work remains to be done We see a massive change from the time when we started our work. And the very fact that homosexuality was decriminalised, shows that. And the change is reflected in the work environment and to some extent in the education environment. That openness has also happened because there is an openness in the community itself. With decriminalising, a lot of people came out. There is a comfort around one’s sexuality now, which was not the case earlier. In the education sector, noises have been raised for reservation for transgender community but the problem is that while we talk about reservations at the college level, but most trans kids don’t make it past school because they get bullied and ultimately stop going to school. So, what’s the point of having reservation when we can’t create an environment for a child to feel safe? How is it that the world of work is far ahead in acceptance and also providing safe spaces when the society is still not in tandem? That’s because many of the corporates are international organisations and they have proper mandates. As regards us not keeping in tandem, it’s due to

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 63 You have to be independent first. What if you are thrown out? It’s a process of making the family understand. If the family accepts you, the rest of the world falls in line various reasons. You never have change happening at the pace at which we want it to happen. The rights that most citizens take for granted, LGBTQIA+ community members don’t have access to those rights. While the issue of same-sex marriage is sub-judice, what will be the implications of the judgment, in either case? If they agree on the right to marry, it will impact lives at many levels. Then you will also have to look at divorce law, inheritance law and others and it will mean wide-ranging changes happening to the legal system. But on what basis is the society denying the right to marry to one section? What kind of support did you get and opposition that you faced when you started working for the rights of the community? Once we started to do what we had to do, I used to get a lot of hate mails. I got mails like ‘main aapko uthwa doonga’ (I will have you knocked off). Also, it wasn’t uncommon for men in positions of authority to say, ‘women like you are responsible for spreading immorality in society.’ So, if you are planning to work in this field you have to develop thick skin. Besides media reporting, how have movies evolved in terms of treating the subject and portrayal of characters? Earlier, the stories were really sensationalised. And I find that that’s not true anymore. Aligarh was beautifully researched and well done, not over the top. So is Badhaai Do, which, while being fun, doesn’t make fun of the community. After Satyamev Jayate was aired, young people picked up courage to talk to their parents. And we have gay writers, which makes a lot of difference. The fact that these movies are being received well indicates receptivity on the part of society but at the same time we see quite a lot of volatility too in the society, for example, on the issue of samesex marriage. So, there is a lot of contradiction. How do you see that? This kind of contradiction always exists. It takes time for us to change attitudes. And change will not happen unless at every level there is education on LGBTQIA+ issues. Be it administration or police, everyone has to be taught these issues. You would have been part of many sensitisation programmes? What kind of concerns come to the fore during these programmes? We get to hear the religious argument. People express concerns like: if I accept homosexuality, does it mean I am promoting homosexuality or does it mean anyone can become a homosexual? People pass comments like: These days it’s a fashion to be gay. It’s important for people like us working across communities to make them understand that just because a person is homosexual, it doesn’t mean every person of the same sex he meets, he will be attracted to. And what would you say to people from the LGBTQIA+ community, about fulfilling their aspirations? It’s not easy at all, but there are many who have taken a stand to make sure that the society accepts them for who they are. We also counsel them about right timing. You have to be independent first. What if you are thrown out, it is a process of making the family understand. If the family accepts you, the rest of the world falls in line. 16% / 72 Anjali Gopalan

64 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM “Legalising Same-sex Marriages Calls For Wider Social Debate” PRIDE SPECIAL By Krishnendra Joshi Can you give us a gist of the current cases seeking the legalisation of same-sex marriages before the Supreme Court? Many petitions were filed by different stakeholders, including same-sex couples, NGOs and activists. These petitioners are arguing for the legal acceptance of same-sex marriages in India. The main ground raised in these petitions is that the non-recognition of the right to marry between same-sex couples is a violation of Article 21 and Article 14 under the Constitution of India. This essentially means that samesex couples are pleading that the right to marry is an extension of the right to life and liberty granted under the Constitution. The LGBTQ+ community is saying that it should not be discriminated against as compared to heterosexual couples in the aspect of marriage and other consequential rights. During the proceedings before the Supreme Court, reliance was placed on the evolution and recognition of LGBTQ+ rights, including the right to marry in many advanced democracies around the world for seeking the legalisation of same-sex marriages in India. › As same-sex couples fight for the legalisation of marriage rights, Vivek Sood, Senior Advocate, Supreme Court of India, says that Indian society needs to evolve before addressing the question of the recognition of same-sex marriages Vivek Sood

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 65 From decriminalisation of same-sex relationships to advancing the cause of legalisation of same-sex marriages, how has the socio-legal landscape in India evolved? The socio-legal landscape has evolved in three phases. There was a time when gay and lesbian relationships were criminalised under the Indian Penal Code. This led to the social ostracism of the LGBTQ+ community for numerous decades. Gay and lesbian sex during this time frame was considered unnatural and against the order of nature. But then came the landmark judgment in Navtej Singh Johar Vs Union of India which struck down Section 377 of the IPC and paved the way for consensual same-sex relationships. We are currently in phase three where Navtej Singh Johar is percolating in society and now the society is gradually opening its doors towards acceptance of same-sex relationships. The acceptance factor still has to percolate deep into society. When more and more people can accept same-sex relationships in a dignified manner without resorting to any violence, ostracism and hatred against same-sex couples, then that would be a more mature society. In a democracy like India, the social construct around the LGBTQ+ community calls for a wider debate. Biological procreation is an important aspect when it comes to marriage between heterosexual couples. Would it be a reasonable differentiator when it comes to legal recognition of same-sex marriages? Procreation, perhaps, will not be the only consideration to legalise or not to legalise same-sex marriages. Procreation is only a consequence of marriage. It is a choice to be exercised by the couple. Procreation is not out of necessity. In my view, it is not relevant to the subject matter of the case. Does the ruling in Navtej Singh Johar make the right to marriage a fundamental right or does it remain a social contract regulated by personal laws only? The right to marry is a fundamental right under the Constitution and personal religious laws. But so far, this right extends only to a biological man and woman. Judiciary or the legislature, who should regulate the subject of same-sex marriages? As of today, the power to legislate on the matter should be left to the wisdom of the parliament and the judiciary should follow the hands-off approach at this point in time. Please understand the gamut of laws that need to be revisited. From adoption laws to domestic violence laws, it will be a mammoth legislative exercise. Laws on inheritance will also need to be looked at. These are just a few examples. Around 150 laws would require a re-look. If the Supreme Court was to legalise same-sex marriage, I would call it a clear case of judicial legislation and judiciary going beyond its domain of adjudication. If the parliament remains silent on this issue for a very long time in the future, then maybe the judiciary could step in to decide the issue of legalising samesex marriages. Same-sex couples are fighting for day-to-day rights like social security benefits and signing forms for mediclaim policies. The need is also accentuated by the problems the community faced during the Covid crisis. Do you see the court or legislature opting for something ‘short of a civil union’ for granting rights like social security benefits to LGBTQ+ couples? A beginning can be made on this account. And again, the legislature and the executive should make the first move in this direction – day-to-day things like getting a passport made or filling up forms or insurance policies and applying for mediclaim and social security benefits. Steps can be taken for the welfare of the LGBTQ+ community, but in my view, the approach needs to be slow and steady.

66 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM “It Took Me Years To Come Out” PRIDE SPECIAL By Sugandh Bahl I n a world where personal identity is a complex and deeply personal journey, the act of coming out takes immense courage and vulnerability. The journey becomes even more profound for individuals who identify as transgender, as they navigate the challenging path of revealing their authentic selves to the world. A transgender coming-out story is a testament to the power of self-discovery, self-acceptance and the pursuit of living an authentic life. Coming out as transgender involves the realisation and acknowledgement that one’s gender identity does not align with the sex assigned at birth. It is a process that varies greatly for each individual, marked by a range of emotions, uncertainties and ultimately, a desire for acceptance and understanding. This journey of self-exploration and self-acceptance is a unique narrative that deserves to be shared, heard and embraced by a compassionate and empathetic society. Therefore, it should be very easily believable as to how difficult would it have been for Ritushree Panigrahi, Co-founder and DE&I Practice Lead, The Outcast Collective; a lawyer and first trans-woman stand-up comedian to primarily embrace who she was and then to come out to the world. Let’s read the inspiration coming out of Panigrahi’s story. Early struggles “I grew up in a very small town of Odisha and back in 90s there was no internet. Since childhood, I wasn’t part of that stereotypical society where a boy and a girl’s play way methods were segregated,” says Panigrahi. Though she had never wanted to, but due to societal pressure she somehow started to fit herself into those narratives of mascu- › Ritushree Panigrahi, Co-founder and DE&I Practice Lead, The Outcast Collective; a lawyer and India’s first transwoman stand-up comedian, describes that it didn’t prove to be as scary as she had imagined it to be Ritushree Panigrahi

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 67 linity in society. If you are born with this genital and this body, you behave like that and hence get trapped into societal expectations. But deep down she knew something wasn’t right. She wasn’t able to accept what she wanted and it took her immense amount of time to accept, as people back then weren’t so much exposed to being educated about sexuality and gender. She further explains, “It was when I started studying law that I actually gained knowledge and consciousness about what I was and what I wanted from life. That is also when I gave a tag to myself of being a transgender woman. Now that my course and internet had exposed me to so many new terms, I suddenly got bombarded with more and more questions about myself, to which I was direly looking out for answers.” Panigrahi says that the moment she began earning, she decided to move out of her parent’s shell and rented an accommodation for herself. “That was when I also started to look for prospective therapists in this field who could have helped me gain answers to the numerous questions which were troubling me. In 2019 I landed my first job in Ahmedabad. Within a month I bought a whole new wardrobe of dresses and makeup as I wasn’t being comfortable anymore in being who I was pretending to be.” Acceptance Eventually her family also began putting pressure on her for getting settled. Panigrahi also thought that things would change once she started onto a new phase of her life. But that too didn’t work as she started to experience panic attacks the moment she again pretended to be who she wasn’t. She decided to seek a month’s time from her family to figure out what she wanted from life and began with her therapy. “It was my therapist who told me, ‘The primary thing to do is to tell your parents that you aren’t ready for marriage as yet and to dress up the way you feel like and want others to see you like,’” recalls Panigrahi. Her family was pretty supportive of her decision back then. It was the first time in Delhi’s Pride Parade that she got to be who she wanted to. She even showed the images to her sisters and they were so proud of her. They even questioned her why didn’t she tell them before. “Well, to be honest it wasn’t an ounce of the scenario I had imagined. And my coming out story wasn’t as scary as I had imagined it to be,” states Panigrahi. “The irony was that it took me years to come out to myself but was a cakewalk coming out to friends and family as they were pretty cool with who I was!”

68 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM By Meha Mathur Promoting diversity in the workforce, ensuring equal opportunity for all workers and establishing an inclusive atmosphere are all priorities for businesses worldwide. These principles are essential for sustaining a positive work culture in an organisation and fulfilling expectations of stakeholders, such as clients and customers. To create a sustainable and fair future for the organisation, businesses must prioritise DE&I in their policies, hiring procedures and workplace culture. Shefali Kohli, Group Head – Strategic Rewards & People Pro- › Shefali Kohli, Group Head – Strategic Rewards & People Processes and HR Head – GFM & Corporate HQ, Godrej Industries and Associated Companies, sheds light on some inclusion measures at her organisation cesses and HR Head – GFM & Corporate HQ, Godrej Industries, believes that workplace wellness programmes can boost performance and output by offering tools for physical welfare, encouraging worklife balance and encouraging social interaction. Leaders should prioritise DEI efforts, which also provide possibilities for advancement and celebrate staff success. To foster a welcoming and encouraging workplace, businesses must also address the unique issues experienced by various employee groups, such as LGBTQIA+ individuals. Companies may enable a more engaged and productive staff, resulting in longterm success and sustainability, by prioritising DEI and welfare. What is your organisation’s approach towards DEI? We at Godrej have a leading edge with the enormous support from our leadership that enables us to achieve our DEI objectives and shifting mindsets. Our ethos of DEI and dedication to diversity, equity and inclusion (DEI) go hand in hand. We understand that our duty as a corporate entity is to support social change and foster a more inclusive culture. We want to create an environment where people can be themselves, encouraging a sense of belonging and enabling varied perspectives to thrive by adopting DEI values. This inclusive approach makes us more appealing as an employer and broadens our talent PRIDE SPECIAL “DEI, Now Fundamental Precepts Of Corporate Business Culture”

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 69 pool, stimulates innovation and eventually aids in our company’s overall profitability and expansion. When employees can bring their authentic selves to work, they are able to channel their time and energy productively and create healthy relationships with co-workers. Please shed light on some of the inclusion measures at your organisation with respect to the LGBTQIA+ community, including talent identification and hiring At Godrej, we work to foster a workplace that is welcoming to the LGBTQIA+ community. We have established robust policies and procedures in place on gender affirmation, same sex partner policies and infrastructural support etc. to provide equal opportunities and avoid discrimination based on sexual orientation and gender identity. These guidelines provide the framework for our selection process, encouraging equity and inclusiveness at every turn. Recognising the value of many viewpoints and experiences, we seek out diverse talent from the LGBTQIA+ community, but we ensure that an equitable workplace has to be meritocratic and there is no compromise whatsoever here. We conduct programmes that promote a diverse and inclusive atmosphere, employing tactics like pilots and hiring gig workers from various pools to support attitude transformation What are some of the concrete measures taken with respect to We seek out diverse talent from the LGBTQIA+ community, but we ensure that an equitable workplace has to be meritocratic and there is no compromise whatsoever here creating appro- Shefali Kohli priate infrastructure like washrooms? Godrej understands the value of providing inclusive facilities for all people, including those from the LGBTQIA+ community. We have created gender neutral washrooms in our office, thereby ensuring that our workplace infrastructure provides a secure and friendly environment where everyone can feel at home and valued. In addition to our focus on creating the appropriate infrastructure, we have LGBTQIA+ friendly policies like medical policies to support gender change, same sex partner policies, allies for LGBTQIA+ employees etc. These actions reflect our significant efforts in creating a diverse and welcoming workplace that respects and supports everyone. Are there sensitisation programmes conducted on a regular basis for employees? At Godrej, employees participate in frequent sensitisation programmes. These initiatives ensure that people are courteous and respectful of everyone and there is no unconscious bias towards their LGBTQIA+ colleagues. We also have the ‘Open Hearts Open Minds’ initiative where we share stories of respect and trust, through weekly nudges on the internal communication platforms. This helps altering mindsets, thereby avoiding discrimination and fostering an inclusive culture. In case of any bias or harassment by fellow workers, how does the organisation address the issue? We have a ‘Prevention of Sexual Harassment Policy (POSH)’ which is gender neutral and everyone is allowed to appeal and appropriate redressal of every case is ensured. We also have informal workshops that addresses unconscious bias and how it can be tackled. It sensitises employees through the ‘Open Hearts Open Minds’ initiative where we also share actual stories which makes people more aware of proper language and behaviour towards their LGBTQIA+ colleagues.

70 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM D&I INSIGHT By Sugandh Bahl Gone are the days when corporate boardrooms were predominantly populated by a homogenous group of individuals sharing similar backgrounds, perspectives and experiences. The imperative for diversity has emerged as a resounding call to foster an environment that reflects the rich tapestry of our global society. With each passing day, organisations are recognising that a diverse boardroom is not only an ethical necessity but also a straUnleashing The Power Of Diversity & Inclusion In BOARDROOM tegic advantage that fuels innovation, enhances decision-making and drives sustainable success. “Today, when we talk about diversity, the first word which come to everyone’s mind is gender,” points out Kamini Shah, Chief Financial Officer, Birlasoft. She further states, “At Birlasoft, two-thirds of our independent directors are females, as we fondly believe women leaders help push the boundaries at work.” Dheeman Kadam, Co-founder, goEgo Network says, “Belonging to a startup ecosystem, I feel it is important for us to create role models. And, having female role models would help us engage better with the 20-year-olds as a few businesses aren’t able to connect to each age-group.” Therefore, for leaders like Kadam, diversity encompasses a broad spectrum of dimensions, including, but not limited to, race, gender, age, ethnicity, cultural background, sexual orientation and cognitive styles. By embracing these differences, organisations gain access to a wealth of perspectives, ideas and insights that can revolutionise their approach to problem-solving and unlock untapped potential. › In today’s complex business world, it is the need of the hour to have a diverse group of people in order to take mindful decisions for success of any organisation

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 71 Having a unique set and blend of people on board, each and every problem can be dealt with differently in today’s globalised and digitised world Having diversity on board helps bring balance in thought process and in the way problems need to be dealt with The boardroom, as the apex of corporate leadership, possesses the power of playing a pivotal role in setting the direction, shaping the culture and driving the long-term vision of an organisation. Consequently, having a diverse boardroom is essential for cultivating an inclusive organisational culture and effectively navigating the complexities of a globalised world. Unique approaches “Having a unique set and blend of people on board, each and every problem can be dealt with differently in today’s globalised and digitised world,” believes Nishant Garg, Managing Director, Maiden Forgings. He finds globalisation and digitalisation as a threat to diversity in today’s fast-paced world and the only way we can restrain these problems is if we have diverse set of leaders on board. By bringing together individuals with unique experiences and perspectives, a diverse boardroom becomes a crucible for creativity, sparking unconventional thinking and challenging conventional wisdom. Diverse perspectives facilitate the identification of blind spots, encourage constructive debate and enable the exploration of alternative approaches. The resulting diversity of thought fuels the generation of breakthrough ideas, propelling organisations ahead of their competitors and ensuring their continued relevance in an ever-changing marketplace. In today’s complex business world, a singular mind is not capable of narrowing down to solution orientation. “Having diversity on-board helps bring balance in thought process and in the way problems need to be dealt with,” states Vineet Harlalka, CFO and Company Secretary, Indian Energy Exchange. Nishant Garg Managing Director, Maiden Forgings Vineet Harlalka CFO and Company Secretary, Indian Energy Exchange Towards the end In a nutshell, the importance of having diversity in the boardroom cannot be overstated; organisations that prioritise diversity and inclusion at the highest levels of leadership are better positioned to thrive in the dynamic and competitive business landscape. By harnessing the power of diverse perspectives, fuelling innovation, enhancing decision-making and cultivating an inclusive culture, these organisations unleash their full potential for success. Embracing diversity in the boardroom is not just a matter of ethics; it is a strategic imperative that paves the way for a brighter and more prosperous future. The challenge to immerse inclusiveness as a value in a board is a bit complicated. It takes extra time, causes extra debate, involves challenge to our ideas and efforts to counter them, but at the end of the day, directors will feel that they belong and momentous & far-reaching outcomes will be achieved.

REGISTER NOW AUGUST 18-19, 2023 Imperial Hotel, New Delhi Scan to Register #BWFestivalOfMarketing SUNIL RAINA President and Business Head Lava International JAYEN MEHTA Managing Director Amul (GCMMF) DR ANNURAG BATRA Chairman & Editor in Chief, BW Businessworld & Founder, Exchange4media AJAY DANG President Head Marketing UltraTech Cement DAMYANT SINGH KHANORIACMO OPPO India ATIT MEHTA Marketing Head Byjus APARNA BHAWAL CMO KFC India and Partner Countries RACHIT GUPTACMO Hero Cycles ANKIT DESAI CMO India Hershey Company VIRAT KHULLAR Group Head Marketing Hyundai India DEEPALI NAAIR Group CMO CK Birla Group GUNJAN KHETAN CMO Perfetti Van Melle India AMIT GUJRAL CMO Jk Tyres & Industries GIRISH KALRA CMO Tata AIA Life Insurance RAHUL ALWAR Executive Vice President & CMO Max Life Insurance POOJA BAIDCMO Philips Domestic Appliances India TUSHAR MALHOTRA Head of Marketing Bisleri International KARAN KUMAR Group Chief Marketing and Growth OŒcer, Art Fertility Clinics AMEDEO ARAGONA Marketing Head, Kinder Brands Ferrero India PUNEETH BEKAL Director Marketing Mastercard SUNIL NARULA Senior Vice President- Sales & Marketing Panasonic Life Solutions India AJAY KAKAR Brand & Marketing Strategist AKASH DEEP BATRA Executive Director & Head of Marketing Customer Experience & Analytics DBS Bank HARI HARA SUDHAN Head of Marketing Communication Nippon Paint India (Decorative) LLOYD MATHIAS Business Strategist & Angel Investor DEEPAK GULATI Chief Marketing & Innovation OŒcer Bridgestone India CHARU KISHNANI Executive Vice President Marketing CarDekho Group NITIN SETHI Chief Digital OŒcer - Consumer Business, Founding Leader – Adani Digital Labs MILI KAPOOR Head – Marketing Nestle Professional Beverages PARTH JOSHI CMO BharatPe SAI NARAYANCMO Policy Bazaar SHAMIK BANERJEE CMO Apollo 24|7 SUPER MARKETERS KEYNOTE & HEADLINE SPEAKERS Chetan Mehra +91 98117 02464 [email protected] For Speaking Opportunity: Aparna Sengupta, +91 99580 00128, [email protected] Ravi Khatri, +91 98913 15715, [email protected] Shruti Arora, +91 79826 28913, [email protected] Kiran Dedia, +91 98333 99009, [email protected] CS Rajaraman, +91 93422 62859, [email protected] For Sponsorship: EVENT PARTNERS

REGISTER NOW AUGUST 18-19, 2023 Imperial Hotel, New Delhi Scan to Register #BWFestivalOfMarketing SUNIL RAINA President and Business Head Lava International JAYEN MEHTA Managing Director Amul (GCMMF) DR ANNURAG BATRA Chairman & Editor in Chief, BW Businessworld & Founder, Exchange4media AJAY DANG President Head Marketing UltraTech Cement DAMYANT SINGH KHANORIACMO OPPO India ATIT MEHTA Marketing Head Byjus APARNA BHAWAL CMO KFC India and Partner Countries RACHIT GUPTACMO Hero Cycles ANKIT DESAI CMO India Hershey Company VIRAT KHULLAR Group Head Marketing Hyundai India DEEPALI NAAIR Group CMO CK Birla Group GUNJAN KHETAN CMO Perfetti Van Melle India AMIT GUJRAL CMO Jk Tyres & Industries GIRISH KALRA CMO Tata AIA Life Insurance RAHUL ALWAR Executive Vice President & CMO Max Life Insurance POOJA BAIDCMO Philips Domestic Appliances India TUSHAR MALHOTRA Head of Marketing Bisleri International KARAN KUMAR Group Chief Marketing and Growth OŒcer, Art Fertility Clinics AMEDEO ARAGONA Marketing Head, Kinder Brands Ferrero India PUNEETH BEKAL Director Marketing Mastercard SUNIL NARULA Senior Vice President- Sales & Marketing Panasonic Life Solutions India AJAY KAKAR Brand & Marketing Strategist AKASH DEEP BATRA Executive Director & Head of Marketing Customer Experience & Analytics DBS Bank HARI HARA SUDHAN Head of Marketing Communication Nippon Paint India (Decorative) LLOYD MATHIAS Business Strategist & Angel Investor DEEPAK GULATI Chief Marketing & Innovation OŒcer Bridgestone India CHARU KISHNANI Executive Vice President Marketing CarDekho Group NITIN SETHI Chief Digital OŒcer - Consumer Business, Founding Leader – Adani Digital Labs MILI KAPOOR Head – Marketing Nestle Professional Beverages PARTH JOSHI CMO BharatPe SAI NARAYANCMO Policy Bazaar SHAMIK BANERJEE CMO Apollo 24|7 SUPER MARKETERS KEYNOTE & HEADLINE SPEAKERS Chetan Mehra +91 98117 02464 [email protected] For Speaking Opportunity: Aparna Sengupta, +91 99580 00128, [email protected] Ravi Khatri, +91 98913 15715, [email protected] Shruti Arora, +91 79826 28913, [email protected] Kiran Dedia, +91 98333 99009, [email protected] CS Rajaraman, +91 93422 62859, [email protected] For Sponsorship: EVENT PARTNERS

74 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM › Labour Day serves as a reminder of the vital role that workers play in shaping societies, promoting social justice, and driving economic growth LABOUR DAY SPECIAL Reflection On Labourers’ Contributions & Struggles Labour Day is a significant occasion that honours the contributions of workers and recognises the progress made in improving working conditions and labour rights. It is a time for celebration, reflection, and advocacy, emphasising the importance of fair treatment, dignity, and respect for workers worldwide. As societies continue to evolve, Labour Day remains a symbol of the ongoing struggle for social and economic justice, and a reminder of the crucial role workers play in shaping the world we live in. The theme for 2023’s Labour Day or the World Day for Safety and Health at Work was ‘A safe and healthy working environment as a fundamental principle and right at work’. The theme emphasised the importance of workplace safety and health as essential principles and rights for workers.

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 75 2023’s Labour Day significance The significance of International Labour Day, also known as May Day or International Workers’ Day, lies in its historical roots, the recognition of workers’ rights, and its continued relevance in advocating for fair labour practices and social justice. Here are some key points that highlight the significance of International Labour Day: 1. Historical Origins: International Labour Day traces its origins back to the labour movement of the late 19th century. The Haymarket Affair in Chicago, which occurred in 1886, played a pivotal role in the establishment of May 1st as a day to commemorate workers’ rights. During this event, workers rallied for an eight-hour workday and better working conditions, and the ensuing clash with the authorities led to the deaths of several workers. The event became a catalyst for the labour movement and inspired the ongoing struggle for workers’ rights. 2. Celebration of Workers: The day is a global celebration of the contributions and achievements of workers. It serves as a reminder of the immense value that workers bring to society, regardless of their occupation or industry. The day honours the dignity of labour and acknowledges the pivotal role workers play in economic growth and societal development. 3. Workers’ Rights and Advocacy: International Labour Day serves as a platform to advocate for workers’ rights and social justice. It highlights the ongoing fight for fair wages, safe working conditions, reasonable working hours, and the eradication of exploitative practices. The day provides an opportunity to raise awareness about labour issues, mobilise support for worker-oriented policies, and push for legislative and social reforms. 4. Solidarity and Unity: The occasion fosters a sense of solidarity and unity among workers worldwide. It brings together diverse groups, including trade unions, workers’ associations, and social justice movements, to stand in support of common goals. The day emphasises the importance of collective action, highlighting that workers are stronger when they unite and advocate for their rights collectively. 5. Global Impact: The day is celebrated in numerous countries across the globe, reinforcing the global nature of labour rights and workers’ struggles. It serves as a reminder that labour issues are not confined to a single nation but resonate across borders. The day encourages international collaboration and exchange of ideas to address common challenges and promote equitable labour practices worldwide. 6. Progress and Reflection: The occasion also allows for reflection on the progress made in advancing workers’ rights and labour standards. It acknowledges the achievements and milestones in the fight for fair treatment and improved working conditions. It underscores the ongoing need to address persistent labour challenges and advocate for the rights of marginalised workers. In conclusion, International Labour Day holds immense significance as a historical milestone and a reminder of the ongoing struggle for workers’ rights and social justice. It celebrates the contributions of workers, raises awareness about labour issues, and promotes unity and solidarity among workers worldwide. The day serves as a catalyst for change and a platform for advocating fair labour practices, ultimately aiming to create a more equitable and just society for all workers.

76 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM By Krishnendra Joshi › Whether the government will be able to able to strike a fine balance and manage stakeholder expectations, only time will tell LABOUR DAY SPECIAL Long Wait For India’s Labour Framework 2.0 Continues S udarshan, a fresh graduate, who recently joined a well-known MNC as an HR manager was presented with a situation that looked easy on paper but when he took up the task, he was perplexed by the daunting line of actions that lay ahead. The long drawn cumbersome maze of labour laws To an average layman, dismissing a worker for misconduct looks like a standard operating procedure but for an HR manager operating within the ambit of the Indian labour law regime, it meant issuing a written warning followed by the conciliation process. And when organisations of repute are involved in a dispute with a worker, representatives from trade unions also knocking on the doors to protect a worker’s interest and negotiate on his severance pay. While the existing labour law framework is well-intentioned, the elongated procedures and the sheer volume of the laws at play to deal with aspects like wages, compliance, worker rights and their social security benefits have made it a maze to unravel rather than a legal regime that makes things easy for an HR manager. Giving a sense of the procedural nitty-gritty involved, Parveen Mahtani, Chief Compliance Officer, Mahindra Lifespace Developers says, “Currently, we are maintaining eight registrations and four licenses to run a business and one needs to file several labour returns including the EPFO and ESIC Compliances with the Chief Labour Officer.” Simplified labour regime awaiting implementation With an aim to iron out the creases, the new Labour Codes were introduced by the parliament back in 2019. The fact that the new Labour Codes look to subsume 29 labour legislations into only four freshly minted codes, made a lot of headlines. It also meant the removal of inconsistencies and eliminating colonial hangovers to make the laws simple from an ease-of-doing-business perspective. But four years down the line, the implementation of the new Labour Codes has not seen the light at the end of the tunnel. While reasons range from a lack of common consensus among stakeholders to political considerations, the fact remains that the objective is losing its sheen owing to the delay which is long overdue. Delving on the plausible cause of delay, PV Ramana Murthy, Head, Labour And Employment, Economic Laws Practice highlights that lack of notification of rules by some states is one of the major reasons creating a roadblock for the implementation of the Labour Codes. Transition on sound practices

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 77 sans Labour Codes If one comes to think of it, the labour legislations world over are based on the cornerstone of fairness and employee welfare. And a look at the leading organisations gives a concrete indication that following the best labour and compliance practices can be done without the notification of the Labour Codes as well. Organisations today are realising the value that fool-proof governance and compliance systems bring. Companies following simplified labour practices based on a disclosure and transparent ecosystem benefit in terms of cost and manpower-related efficiencies. As Mahtani rightly points out, compliance helps in the creation of a positive brand image. So, while it is a statutory requirement, how stakeholders look at it really depends on how compliant the company is. The loose ends While separate definitions exist for the terms ‘employees’ and ‘workers,’ they leave room for confusion. Likewise, the definition of wages needs more clarity. For the unversed, the Code on Wages defines “wages” as follows: “Wages” means all remuneration (whether by way of salary, allowances, commission or otherwise) paid to an employee for the time he works or for the period he is in employment, but does not include— (a) any bonus; (b) any contribution paid by the employer to any provident fund, pension fund, gratuity fund or any other fund for the benefit of the employee; (c) any sum paid to the employee to meet the cost of food, clothing, accommodation, education or medical treatment; (d) any travelling allowance or other allowance paid to the employee in connection with his employment; or (e) any sum paid to the employee by way of compensation for the termination of his employment. The Code on Wages also says that the basic pay of an employee should be at least 50 per cent of the total wages. This means that the component of allowances cannot exceed 50 per cent of the total wages. Employers are mulling over the 50 percent ceiling and seeking answers on whether the ceiling can be increased. Credit where it is due, the definitions for the term ‘wages’ have been standardized across the labour legislations but concerns hover on the percentage amount with regard to the basic pay of the employee as it has a direct correlation with increasing the cost for the employer. While separate definitions exist for the terms ‘employees’ and ‘workers,’ they leave room for confusion. Likewise, the definition of wages needs more clarity. One needs to remember that every kind of monetary and non-monetary benefit to employees will be covered under the term ‘wages’. Although, there are certain exceptions provided under the code on wages but those exceptions cannot be more than 50 percent of wages. Employers are mulling over the 50 percent limit and seeking answers on whether the ceiling can be increased. Credit where it is due, the definitions for the term ‘wages’ have been standardised. Citing examples, Murthy points out towards the lack of common consensus among stakeholders with regard to variable compensation. Touching upon the aspect of social security benefits, he also asks whether employers have made the necessary provisions for passing on the high gratuity benefit to employees as per the mandate of the Code on Social Security. Addressing the elephant in the room Moving on from interpretational issues, an employer also needs to bear in mind the compliance cost the new Labour Codes will bring with the focus on digitisation. And while the Labour Codes seem to have adopted a facilitative approach by decriminalising certain offenses and making way for compounding provisions, the Codes do have hefty penalties in place to keep HR and compliance managers on their toes. This calls for advance preparedness on the part of every organisation so that they are not unpleasantly surprised. Whether the government will be able to able to strike a fine balance and manage stakeholder expectations while creating the right awareness, only time will tell. And with the 2024 elections approaching, the clock is ticking faster. PV RAMANA MURTHY, Head, Labour And Employment, Economic Laws Practice points out towards the lack of common consensus among stakeholders with regard to variable compensation PARVEEN MAHTANI, Chief Compliance Officer, Mahindra Lifespace Developers, points out that compliance helps in the creation of a positive brand image. While it is a statutory requirement, how stakeholders look at it, really depends on how compliant the company is

78 BW PEOPLEJULY 2023 WWW.BWPEOPLE.COM By Sugandh Bahl LABOUR DAY SPECIAL Have Layoffs Given Rise To Stronger Workforce Solidarity? Layoffs, often triggered by economic downturns or organisational restructuring, have become an unfortunate reality for many businesses. These events are often associated with negative connotations, such as job insecurity, anxiety and loss. However, amidst the challenges and uncertainties, a paradoxical phenomenon has emerged – the potential for layoffs to give rise to a stronger workforce solidarity. An invigorating discussion with Unmesh Pawar, Chief People Officer, Dentsu, India &South Asia; Rajneesh Vashisht, Global People Business Partner, Ericsson and Amit Chincholikar, Global CHRO, Yokohama Off Highway Tyres, led to some very fruitful insights on the issue. The panellists shared how the experience of layoffs, although undeniably painful, can foster a stronger bond and solidarity among the workforce. Key highlights Rightsizing and not layoffs is the way of life when running a business, especially where organisations have become a bit more ambitious, in the post-Covid recovery phase. The announcement of layoffs exposes employees to a shared sense of vulnerability. The realisation that their job security is fragile can create a unifying factor among colleagues. As individuals face the threat of unemployment together, they develop empathy and a deeper understanding of the challenges faced by their peers. This collective vulnerability can strengthen bonds and encourage employees to support one another through the difficult period. layoffs is one of those measures for organisations today where companies are tightening up the belt to get costs under control. Changing consumer sentiments is forcing companies to change their ongoing business models; hence adopting rightsizing models. Layoffs can also serve as a catalyst for employees to advocate for their rights, voice concerns and work collectively to shape the future of their workplace. Recognising the potential impact on their own job security, employees may become more engaged in dialogue with management, participate in decision-making processes and champion fair treatment and transparency. Crux Although layoffs undoubtedly cause pain, disruption and uncertainty, they can paradoxically foster a stronger sense of workforce solidarity. The shared experience of vulnerability, increased communication and collaboration, heightened appreciation for remaining colleagues, resilience and common goals and advocacy all contribute to the formation of a more tightly-knit workforce. As employees navigate the challenges and uncertainties together, bonds are strengthened, trust is reinforced and a collective spirit of resilience and support emerges. By fostering open communication, providing opportunities for teamwork & collaboration and acknowledging the contributions of employees, organisations can harness the strength of their workforce solidarity. › While layoffs initially instil fear and distress, they can also ignite a shared sense of purpose and resilience among remaining employees

WWW.BWPEOPLE.COM BW PEOPLEJULY 2023 79 By Sugandh Bahl Marrying Organisational Goals And Employee Needs I n today’s complex and rapidly evolving workplace landscape, employees often find themselves caught in the middle, navigating the delicate balance between advocating for their own rights and needs while meeting the expectations and objectives set by their employers. Employees have a legitimate desire to voice their concerns, promote workplace inclusivity and champion their own wellbeing. And employers rely on employees to fulfil their roles, contribute to organisational goals and maintain a positive work environment. Bhavya Misra, Director and Head – HR, India, Lenovo, addressed some important questions about the role of employees in advocating for their own and their colleagues’ interests, as well as the responsibilities of employers in fostering a culture of respect and collaboration. Key highlights Employee advocacy plays a vital role in promoting a healthy work environment and driving positive change within organisations. When employees advocate for their rights, wellbeing and fair treatment, it can lead to increased job satisfaction, improved morale and higher levels of engagement. While employees have the right to advocate for themselves, it is crucial to acknowledge and respect employer expectations. Organisations have objectives, targets and a vision to fulfil and employees are an integral part of achieving these goals. Effective communication is key to finding a balance between employee advocacy and › Striking a balance between employee advocacy and employer expectations is a multifaceted challenge that requires careful consideration, effective communication and a collaborative approach employer expectations. Employees should express their concerns, needs and ideas in a respectful and constructive manner. This enables them to be heard while also considering the perspective of their employers. When employees trust their employers and feel valued, they are more likely to engage in constructive advocacy and be receptive to employer expectations. Employers, in turn, should cultivate an inclusive and supportive environment that fosters trust and encourages employee engagement. Towards the end Finding equilibrium between employee advocacy and employer expectations is an ongoing process that requires open communication, collaboration and respect. Employees have the right to advocate for their needs, wellbeing and fair treatment, while employers have expectations related to performance, productivity and organisational success. By fostering a culture of trust, promoting constructive communication and seeking common ground, employees and employers can strike a balance that promotes a harmonious work environment, fosters employee satisfaction and drives organisational success.

80 BW PEOPLEJULY 2023 WWW.BWPEOPLE.COM LABOUR DAY SPECIAL By Sugandh Bahl Eliminating Unconscious Biases While the intention behind compensatory hiring is laudable, it can also lead to biases in the hiring process that perpetuate pay-parity issues in the workplace. For instance, hiring managers may have unconscious biases that cause them to undervalue the skills and qualifications of candidates from certain demographic groups, leading to lower pay offers. Additionally, compensatory hiring can result in a situation where some employees are perceived to be hired for reasons other than their merit, leading to resentment and decreased motivation among other employees. Addressing biases in compensatory hiring is essential for promoting pay-parity and creating a more equitable workplace. How- › Achieving pay parity and eliminating gender or other biases in compensation is a critical aspect of fostering equality and fairness in the workplace ever, biases in compensatory hiring practices can contribute to pay-parity issues, perpetuating disparities in earnings between different demographic groups. Ashissh Kapoor, Director - Human Resources, EY India, had some pertinent points to share on this issue. Key highlights Research indicates that biases in negotiations can lead to differences in starting salaries, disadvantaging certain groups. Studies have shown that women, for example, are more likely to face challenges in negotiating higher salaries compared to men, resulting in lower initial pay. These biases can perpetuate pay disparities, as starting salaries often serve as the foundation for future salary increases and promotions. Biases stemming from stereotypes and perceived value can influence compensation decisions. Certain roles or industries may be associated with specific gender, racial, or ethnic stereotypes, leading to devaluation of individuals from under-represented groups. This devaluation can result in lower salaries or fewer opportunities for advancement. Research suggests that biases related to gender, race or other characteristics can influence how individuals are evaluated, potentially leading to unfair assessments and subsequent disparities in pay. Individuals from under-represented groups may face obstacles, such as bias in selection processes or limited access to networking opportunities, which hinder their progression within the organisation. Road ahead Addressing biases in compensatory hiring is crucial for achieving workplace pay parity. Biases that emerge during salary negotiations, performance evaluations, promotion decisions, and lack of transparency all contribute to pay-parity issues. Organisations must prioritise mitigating biases by implementing fair and transparent compensation practices, conducting regular pay audits, providing training on unconscious bias, and promoting diversity and inclusion throughout the organisation. By actively addressing biases in compensatory hiring, organisations can work towards creating a fair and equitable compensation structure that ensures equal opportunities and fair pay for all employees, irrespective of their gender, race or other demographic characteristics.

fifffflffiflfifffflffifl fifififffflfiffiflfiffiff UNDER FORTY 2nd EDITION fifffflffiflfl AUGUST 2023 NOMINATE NOW For Nominations & Queries: Sneha Sinha: +91 95820 99345, [email protected] Ved Shukla: +91 98180 97385, [email protected] For sponsorships: Somyajit Sengupta: +91 98182 47444, [email protected] Aparna Sengupta: +91 99580 00128, [email protected] MR. SAHIL MALIK CEO Da Milano MR. DEEP BAJAJ Co Founder Sirona & Pee Buddy MS. NOOR FATHIMA WARSIA Group Editorial Director BW Businessworld MR. VED SHUKLA Founder & CEO Mylomart & Advisor BW Retail World MS. BENU SEHGAIL CEO Freeport Retail CHEF SUNIL CHAUHAN Founder , Fab Cafe Foods & Chefs United Foodtech MR. RAKESH KAUL MD Livpure MR. RAJESH JAIN MD & CEO Lacoste MR. ANUPAM BANSAL Director Retail Liberty Shoes DR. ANURAG BATRA Chairman & Editor in Chief BW Business World & Founder Exchange4Media MR. DEVNDRA CHAWLA MD/CEO, Chief Driving Oficer Greencell Mobility MR. SANJEEV AGRAWAL Chairman MMG Group MR. KAZEM SAMANDARI Executive Director L'opera EMINENT JURY

82 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM Managing Poor Performance & Distinguishing It From Misconduct LABOUR SPECIAL › Employers often wrestle with the question as to whether a termination for poor performance is akin to a termination for misconduct; let’s understand this conflict

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 83 By Ankita Ray and Krithika Radhakrishnan Termination of employment has been a much-deliberated issue between employers and employees in India for decades and over the years, has become a nuanced topic. Apart from Indian labour laws that strictly regulate termination of employment, Indian courts have also laid down various principles in this regard, particularly on termination for misconduct. Employers often wrestle with the question as to whether a termination for poor performance is akin to a termination for misconduct. Moreover, courts are used to disputes being raised by disgruntled individuals whose employment has been terminated. These claims primarily arise from their contention that employers have not followed the due process prior to termination. In this context, it becomes extremely pertinent for employers to be clear about the route of termination to be followed. The article examines the treatment of poor performance as a ground for termination vis-à-vis misconduct, the legal processes around termination of employment for poor performance and also discusses certain practical considerations for employers to bear in mind. At the outset, it is relevant to understand the legalities around a termination of employment. Termination is categorised into two broad categories – stigmatic termination, i.e., termination for cause or misconduct and termination simpliciter or termination for convenience. Termination simpliciter typically requires employers to provide prior notice, usually of 1 month (or payment in lieu thereof), along with reasons for the termination. In some cases, notice to government authorities and retrenchment or severance compensaAnkita Ray Krithika Radhakrishnan mination for poor performance is termination simpliciter, thus attracting the requirement to inter alia provide prior notice or payment in lieu, reasons for termination and severance or retrenchment compensation (as applicable). The key rationale for excluding poor performance from the ambit of ‘misconduct’ is that although misconduct cannot be precisely or exhaustively defined, it connotes delinquency in performance of an employee, improper, unlawful or unethical behaviour that is wilful in nature, a transgression from established rules of service. Despite not having to follow the elaborate disciplinary inquiry process, a termination for tion is to be paid. Employers are further required to pay all applicable terminal dues to employees upon termination simpliciter, including accrued salary, leave encashment, gratuity, statutory bonus and other contractual dues, as applicable. On the other hand, stigmatic termination involves a lengthier process. It requires employers to conduct a disciplinary inquiry into the alleged misconduct to prove the guilt of the employee. There are certain statutes that briefly set out processes and timelines for conduct of such an inquiry. Judicial precedents have highlighted that the principles of natural justice have to be followed to ensure a valid disciplinary inquiry. Specific principles that have evolved in this regard include issuance of a show-cause notice to the employee detailing the allegations and terms of employment alleged to have been violated with any evidence, providing the employee a reasonable opportunity to be heard and to cross-examine witnesses, culminating into a report with findings on the guilt of the employee and recommendations on disciplinary action, proportionate to the alleged acts of misconduct. Unlike in a termination simpliciter, in case of a stigmatic termination, employees are not entitled to any notice period or payment in lieu thereof, severance or retrenchment compensation and in some specific cases may even be disqualified from gratuity payments, as well as contractual payments (subject to applicable internal policies). Poor performance is not defined or explicitly dealt with under employment legislations. However, it is important to note that courts have recognised that poor performance is not considered as misconduct and that ter-

84 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM poor performance cannot be instantly implemented without any prior process. To avoid the termination being considered as arbitrary, courts have held that an employee must be made aware of the deficiencies in their performance, provided a reasonable amount of time to improve their performance against objective targets, only failing which an employer can proceed to terminate their employment. In order to ensure the same, a well-defined performance improvement programme (PIP) serves as a helpful tool for employers. A robust PIP should set out the details of when an employee may be placed on PIP (such as consistent low ratings in periodic evaluation cycles), time periods for improvement, allocation of mentors to assist the growth of the employee etc., regular feedback and setting out that the final step in an unfortunate situation where performance cannot improve, will be termination of employment. Having in place such a precise policy allows a definite framework to be followed in a poor performance scenario and paves way for a formal line of communication with the employee. Unambiguous target-setting, goal planning and effective mentoring during a PIP process provide a strong foundation for an employer to tackle any performance-related issues, including an eventual termination of employment. Moreover, ensuring that each step of the PIP is well documented – from initial communication to the employee, efforts taken to train and assist the employee with their work, objective target-setting and assessment of change in performance standards –is crucial for the success of a PIP and a dispute-free exit. Categorising the kind of termination of employment is important since the legal regulations vary depending on the route of exit. For a termination for poor performance, the implementation of a defined PIP and establishment of an unambiguous paper trail will help employers defend the termination should a dispute arise before a court, not only against a claim questioning the procedural aspect but also against a claim denying the existence of poor performance. - Ankita Ray is Partner and Krithika Radhakrishnan is Principal Associate with Cyril Amarchand Mangaldas LABOUR SPECIAL • Termination of employment under Indian employment and labour laws is generally one of two types –stigmatic termination and termination simpliciter. • Termination simpliciter requires notice (or pay in lieu), along with reasons and in some cases notice to government authorities and severance or retrenchment compensation; whereas stigmatic termination requires the conduct of a disciplinary inquiry in accordance with principles of natural justice prior to termination and no prior notice or payment in lieu or severance/ retrenchment compensation. • Poor performance is not considered as misconduct and is distinguished from misconduct due to the absence of any delinquent, unlawful or unethical nature of the act. • In absence of legislative framework around termination for poor performance, Indian courts have expounded on processes to be followed prior to implementing the same to avoid arbitrary terminations. • The ideal option for employers to consider is to implement well-defined performance improvement programmes, establishing formal lines of communications with the employee and ensuring clear documentation of each step of the process. SUMMARY BOX 7% / 72

Head Marketing & Capabilities - ACC & Ambuja SACHIN CHHABRA Chief Digital Oficer of Consumer Businesses, Adani Group NITIN SETHI Chief Client Oficer, Dentsu SAPNA ARORA Head of Marketing & GM - Brand, Media & Digital Social, Raymonds MADHU S DUTTA CMO, Fenesta SUSHMITA NAG Director Marketing, Mastercard PUNEETH BEKAR Sr. Editor BW Businessworld RUHAIL AMIN Founder, Innov8 DR. RITESH MALIK Group Editorial Director BW Businessworld NOOR FATHIMA WARSIA Global Head of Marketing Demand Centre, Tata Consultancy Servives AMIT TIWARI JURY CHAIR Chairman & Editor-in-Chief BW Businessworld & Founder, exchange4media DR. ANNURAG BATRA CO - JURY CHAIR SEPT 2023 NOMINATE NOW #BWMarketing30under30 JURY MEMBERS Chetan Mehra: +91 98117 02464; [email protected] Shivam Popli: +91 88003 29489; [email protected] For Nominations: Aparna Sengupta: +91 99580 00128, [email protected] Ravi Khatri: +91 98913 15715, [email protected] Somyajit Sengupta: +91 98182 47444, [email protected] Shruti Arora: +91 79826 28913, [email protected] Sajjad Mohammad: +91 99118 55935, [email protected] Saurabh Jain: +91 9911334633, [email protected] Kiran Dedhia: +91 98333 99009, [email protected] CS Rajaraman: +91 93422 62859, [email protected] For Sponsorship: EVENT PARTNERS LAST DATE TO NOMINATE: JULY 31, 2023

86 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM SPECIAL STORY By Sugandh Bahl › As a contract between the employers and employees, let’s peep into what ‘golden handshake’ policy has to offer to both the parties and how it smoothens the not-so-easy process of leaving and letting-go I n times of organisational restructuring, lay-offs have become an unfortunate reality, impacting both businesses and employees. While the decision to let go off employees is often driven by financial constraints or strategic considerations, it is essential for organisations to prioritise the wellbeing and dignity of those affected. Recognising the impact of such decisions, forward-thinking companies have embraced the concept of ‘golden handshake’ as a compassionate departure strategy. The approach has gained traction as a compassionate departure strategy aimed at providing support and assistance to laid-off employees during the transition period. In the wake of implementing this approach, organisations are demonstrating their commitment to treating employees with respect and empathy even in challenging times, contributing to a more compassionate and responsible workplace culture. According to Dheeraj Modi, VP & Global HR Head, NLB Services, the primary thinking behind this concept is to offer a mutually beneficial exit strategy or early retirement package for employees who are nearing the end of their careers or may be redundant due to changes in the organisational structure or any other reason.

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 87 Golden handshake is an early retirement package voluntarily offered to long-term employees who are nearing the end of their careers or whose positions may be made redundant due to organisational changes Essence of golden handshake Golden handshake is more than a legal requirement or a standard severance package; it goes above and beyond to ensure that laid-off employees are treated with respect, understanding and fairness. It encompasses a range of benefits, support services and additional resources to help individuals navigate the challenging process of transitioning into new opportunities. This compassionate departure approach acknowledges the emotional toll lay-offs can have and strives to mitigate the negative impact by offering a helping hand. Offering a golden handshake to laid-off employees is an effective way to provide them with financial support and benefits that go beyond the required or statutory severance pay. It typically includes a lump sum severance payment or extended severance pay. Retention of benefits such as extended healthcare coverage and continued participation in employee benefit funds or stock option plans can also be part of the package. This helps to alleviate financial stress and provides a cushion while employees search for new roles. This additional financial assistance could help cover living expenses and other financial obligations, offering a sense of security and stability during a challenging transition period. “In addition to the financial and benefits aspect, golden handshake demonstrates appreciation for employees’ contributions and acknowledges the emotional impact of job loss. This gesture seeks to preserve the morale and dignity of affected employees, reducing the negative psychological effects often associated with lay-offs. So, while a golden handshake is likely to cause some financial burden on the employer in the short term, it is an effective mechanism to support employees in the event their employment is lost for no fault of theirs,” believes Vihang Virkar, Partner, Lumiere Law Partners. Difference between golden handshake and severance packages Golden handshake and severance packages are both compensation arrangements provided to employees who are being laidoff and facing job termination. “The boundaries for golden handshake are governed more by organisation’s EVP and organisational values than just legal obligations. The new golden handshake policy goes beyond monetary package to include outplacement support and services of counsellors to help affected employees manage the emotional turmoil,” explains Amit Das, Director-HR & CHRO, Bennett Coleman. An essential part of such a policy is to treat the pool of separated employee as future talent when opportunity arises. Modi on the other hand feels, “Golden handshake is an early retirement package voluntarily offered to long-term employees who are nearing the end of their careers or whose positions may be made redundant due to organisational changes. Its goal is to incentivise retirement while providing financial and job security to retiring employees.” Golden handshake often includes supplementary benefits and perks that are not commonly found in traditional severance packages. These benefits may include extended healthcare coverage, pension enhancements, continued access to company resources and even job placement assistance. The aim could be to provide comprehensive support to employees beyond mere financial support and acknowledge their contribution to the employer. “In terms of market perception, golden handshakes are DHEERAJ MODI Vice President & Global HR Head NLB Services

88 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM often seen as more favourable and can contribute to positive employer branding, enhancing the company’s reputation among employees and future candidates. On the other hand, traditional severance packages are generally seen as a legal obligation to provide financial support when terminating employees,” underlines Virkar. Both packages help to ensure that employees are treated fairly and respectfully, which can enhance an organisation’s reputation and overall performance. Explaining the brighter side of golden handshake to employees While explaining the positive aspects of golden handshake to employees, it is important to emphasise how this compassionate departure strategy benefits them. Das states, “Business managers and respective HRBP’s must prepare well before getting into dialogue with affected or identified employee to answer his query. Emphasis should be on business scenario leading to such decision and any reference to individual assessment must be avoided.” By approaching the communication of golden handshake policy with transparency, empathy and clarity, employees can gain a comprehensive understanding of the reasons behind the policy and its benefits,” shares Virkar. The following key points can be considered when communicating this policy to the employees: Preparation: Prepare a clear and concise explanation of the policy, including eligibility criteria, financial aspects, additional benefits and any associated timelines. Timing and physical interaction: Select an appropriate time to communicate the policy, considering the emotional impact it may have on affected employees. Consider conducting in-person meetings or physical town halls, rather than sending an impersonal e-mail. The physical interaction could be followed up by written communication clarifying the exact terms and conditions. Customise communication: Prepare separate messaging for affected employees and those who are not impacted and address the concerns of each group. For affected employees, provide detailed information on how the policy will benefit them financially and emotionally. For unaffected employees, emphasise the rationale behind the policy and how it contributes to maintaining a positive company culture and long-term stability. Encourage a two-way communication: It is important that employees feel comfortable asking questions and clarifying their doubts with the employer, rather than engage in gossip and trying to form conclusions based on ill-informed conversations. Offer resources like FAQs, contact information for relevant departments or access to HR representatives who can provide further assistance. Delivery on-point: Ensure that the policy is implemented accurately and that employees get exactly what has been communicated to them. This will avoid any confusion and will also help limit exposure for the employer to potential legal or other action by any employee. By highlighting these positive aspects, employees can see how golden handshake offers them support, resources and a dignified exit from the organisation. It showcases the organisation’s commitment to employees’ wellbeing and helps them transition to new opportunities with confidence and positivity. SPECIAL STORY The new golden handshake policy goes beyond monetary package to include outplacement support and services of counsellors to help affected employees manage the emotional turmoil AMIT DAS Director-HR & CHRO Bennett Coleman

WWW.BWPEOPLE.COM BW PEOPLE JULY - AUGUST 2023 89 By Krishnendra Joshi › Prem Singh, President, Group HR (Group CHRO), JK Organisation, and National President, National HRD Network shares his journey, and his thoughts on human resources, in an interview to BW People Prem Singh “My Role Is To Foster The Spirit Of One NHRDN” LAST WORD Could you please take us down memory lane and tell our readers about the formative years of your illustrious journey? My professional journey has been extremely fulfilling and full of learning, which I owe to the great leaders and the team members I worked with. I began my career in consulting but then I realised HR came to me naturally. Therefore, after completing my Masters in Management, I took HR as a profession and my first role was in Training & Development. That was the era when TQM/ISO 9000 was a big movement. In addition to T&D, I volunteered and started working on this and that led to my role being expanded to handling TQM as well. This was further expanded with the addition of talent acquisition, PMS and campus relations. A big opportunity came when I was asked by management to lead a CFT of five managers on a customer satisfaction study, on a pan-India basis, in addition to my existing role in HR. This was a great learning expe-

90 BW PEOPLE JULY - AUGUST 2023 WWW.BWPEOPLE.COM LAST WORD rience and I got to handle varied responsibilities like dealers’ and vendors’ capability development, in addition to HR. Meantime, I received training through stalwarts like TV Rao, Udai Pareek and many others. Over the years, I got certified as Green Belt in 6 Sigma and later on Black Belt as well. Over the years, in addition to HR, I also got the opportunity to handle corporate communication as well. In your view how has the HR function evolved over the course of your career? I began my career in 90s and since then the HR function has evolved considerably. Over time, HR has transitioned into a strategic partner, actively contributing to organisational strategy, talent development, driving business outcomes, and playing a key role in shaping organisational culture. With the introduction of HR information systems (HRIS), cloud-based software, and automation tools, HR functions have become much more efficient. Today, HR professionals leverage technology for talent acquisition, employee self-service portals, performance management, data analytics, and other areas to enhance productivity and decision-making. During Covid-19, HR department played a critical role in facilitating remote work policies, ensuring employee wellbeing, establishing remote communication channels, and redefining performance management frameworks to accommodate distributed teams. How do you foresee the emerging economic trends to have a significant impact on the HR domain? HR is one of those domains which has seen several transformative changes in the past 20 years. The future looks to be even more dynamic and exciting, particularly for India. AI, ML, Data Science Industry 4.0, and ChatGPT are already redefining the way the work is organised and executed. For example, AI-powered Chatbots can handle employee queries and provide instant support, enhancing the employee experience. ML algorithms can analyse large datasets to identify patterns in employee behaviour, improve talent acquisition by matching candidates with job requirements, and enable predictive analytics for workforce planning and other factors. These emerging tech trends and technologies have the potential to significantly impact the HR field by improving efficiency, enabling data-driven decision-making, enhancing employee experiences, and driving strategic alignment with organisational goals. HR professionals who embrace these trends and leverage the power of technology will be well-positioned to navigate the evolving landscape and contribute to the success of their organisations. You have been selected as the National President of National HRD Network. What does the role entail and what would be your vision in creating value for organisations through HR function in today’s disruptive and dynamic business environment? As the National President, my role is: • To lead the Network, as we are the largest HR Association in India with 17,500 plus members, 35 chapters (33 in India and 2 international, in Singapore and Dubai respectively) • Develop long-term vision and strategic intent • Enable development and delivery of HR capability development programmes, conferences, events and foster learning culture • Bring all 35 chapters together and enable cross learning and exchange of best practices • Co-create and foster the spirit of ONE NHRDN • Collaborate with more like-minded institutions to augment capacity of competence building • Creating value for organisations through HR Professionals in disruptive and dynamic business environment • Develop capacity to anticipate and decipher future trends, acquire newer competence/ skills which are relevant, to remain agile and ahead of learning curve • Today HR function is expected to create value by strategising and aligning HR practices with business strategy, help develop organisational capability and enhance excellence • Enhance organisational capability in terms of building talent, leadership, identifying and developing competencies/ skills for future and supporting all of these with right HR processes, matrix, systems and most importantly PEOPLE.

Please send filled form to below address OR scanned copy of form can be send on whatsapp or eMail To Subscribe online Please scan the QR code Subscrip�on Form BRANDS BW Healthcare World BW Wellbeing World Delivery

"The way this training brought together PoSH and DEI made sense to everyone, and many will now understand it from a larger lens of Inclusion." EDITION II Smita Dhanuka, PoSH practitioner A symposium that transforms intent into impact Visit our website for more information +91 90290 00180 [email protected] FOR REGISTRATION SCAN QR September 13-14, 2023 Delhi