We began to understand the depth of this issue with the #Metoo movement when many women spoke out about their horrifying experiences. Yes, women have the legal right to speak up and fight. However, this is not a simple task.

In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) (POSH) Act was passed, which provided some relief. The Act establishes a new mechanism for companies to handle sexual harassment complaints: the internal complaints committee members. Let’s take a look at how an organization’s internal complaints committee members can help women fight sexual harassment at work and create a harassment-free environment.

What is an IC or internal compliance committee?

To remain in compliance with the POSH Act 2013, an organisation must implement a few measures. By written order, any organisation with ten or more employees should form an Internal Committee (IC) or internal compliance committee (ICC). The IC will look into the allegations of sexual harassment and take action if necessary. If the organisation has multiple administrative divisions in different locations, each administrative division must have its own IC.

Keep in mind that the term “employee” refers to anyone employed by the organisation on a temporary, ad hoc, or daily wage basis, including apprentices, trainees, volunteers, and those hired through an agent or contractor, as defined by the Act.

Why should the internal compliance committee be constituted?

Sexual harassment in the workplace is a delicate issue that requires caution, patience, and understanding. To provide a harmonious and harassment-free workplace for all employees, the complaints must be resolved as quickly as possible. As a result, forming an IC sends a clear message that the organisation cares about women’s safety. Furthermore, this is a legal requirement, and failure to comply can result in severe penalties, including the loss of a business licence.

The organization’s nternal compliance committee is authorised to carry out the following tasks:

• Creating a Sexual Harassment Prevention Policy for the Organization (POSH)
• Working to make the workplace a safe and respectful environment for all employees
• Organizing programmes to raise awareness at regular intervals
• Organize meetings:
• In the event that any form of misconduct or sexual harassment has occurred, to address a complaint submitted by any of the female employees, to settle grievances, and to ensure that appropriate compensation is provided.
• If the aggrieved woman decides to pursue a sexual harassment case in court, we will assist her in filing a police report.

What is the IC’s structure like? The Internal Committee (IC) / Internal Complaints Committee has a certain number of internal complaints committee members

An employer-formed IC should have a minimum of four members, one of whom should be an outsider. Women should make up half of the internal complaints committee members.

Internal Complaints Committee Members Types 

The 3 kinds of internal complaints committee members has are as follows:

1. Presiding Officer: The Presiding Officer is the Internal Committee’s chairperson and must be a female employee in a senior position. This makes it possible for women to file complaints with the IC. If a senior female employee is not available, the company can designate a senior employee from any other organisational units/offices, or from another employee-owned workplace.
2. Employee Members: Employee members of IC must be appointed by two or more members. It is preferable if they have significant legal experience, have worked for a social cause, or have worked in the field of women’s safety. Because it is not always functional to have employees with legitimate knowledge in the area of women’s safety, the employer must provide training to employees on a regular basis to integrate them with education and training when handling difficulties.
3. External Member: The organisation should also appoint external ICC committee members who is only affiliated with the organisation for the purposes of the IC’s operation. The candidate must have at least 5 years of experience working as a social worker in the areas of women’s empowerment and workplace sexual harassment. This can be accomplished by volunteering for a non-governmental organisation or association dedicated to women’s empowerment. The individual should be knowledgeable about labour, service, civil, and criminal law. The external member’s presence is necessary to maintain objectivity and a third-party perspective in IC’s operations.

The concept of an external member is a little difficult to grasp. The following section can assist in resolving any ambiguities.

An External Member’s Responsibilities

The purpose of having an external member is to ensure that the internal compliance committee activities are objective and uninfluenced and that the inquiry process is fair and transparent.

The following is a list of the Internal Committee’s External Member responsibilities.

1. With the help of the other IC members, draught and review the organization’s POSH policy.
2. Participate in the investigation team that handles sexual harassment complaints to ensure neutrality.
3. Participate in IC meetings on a regular basis to ensure that the POSH policy is properly implemented.
4. Prepare meeting minutes for meetings conducted by the internal compliance committee.
5. Participate in the preparation of the Annual Report.

The external member’s income

The POSH law permits an External Member to accept a stipend and reimbursement of travel expenses from his or her employer. Furthermore, the Act permits a person to serve as an External Member of multiple organisations.

If you need an External Member for your Internal Committee, check out our FREE External Member Directory, which contains profiles of External Members. You can add your profile to our External Member Directory for FREE here if you are an External Member.

Internal compliance committee‘s Term and Debarment

An ICC committee members term runs for three years from the date of appointment, after which time he or she must be replaced. ICC committee members, on the other hand, can be fired from or their position after three years if he or she violates the rules.

• Breach of confidentiality concerning case information, such as the identity of the complainant, witness, or respondent, information about the investigation’s progress, or IC’s recommendations or actions.
• Is convicted of a crime or a criminal investigation is underway.
• Has any disciplinary proceedings pending since being found guilty?
• Has abused any powers they have in order to stay in office, even if it is against the public interest.

In this case, the member must resign, and the position must be filled by someone who meets the qualifications for the position.

EndNote

It is true that if the IC is properly formed, you can avoid penalties and legal consequences. However, in a company, IC has a lot more responsibilities. They are in charge of fostering a positive work environment through training programmes and public awareness campaigns. By serving as role models, IC can serve as a pillar and driving force in the creation of a respectful workplace.

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What Is ICC and Who Are the Members?

ICC or Internal Complaints Committee is a group of people that is mandatory to constituted in every organization with ten or more employees. This committee is provided with the rights equivalent to a court by PoSH Act and is responsible for the investigation and hearing of cases of sexual harassment in any organization. The structure of the ICC is mentioned in the PoSH Act. It consists of-

• A Chairperson/ Presiding Officer – It must be a woman employed at the senior level at the workplace and has a credible record.
• Two Members – Shall be amongst the employees preferably committed to the cause of women/ experience in social work/ have legal knowledge.
• External Member – External member could be a doctor, an Advocate, or from an NGO working for the cause of women. the external member empanelment is also mandatory for each company. the member should be well versed with the provisions of the PoSH act. It is common for corporates to hire a legal expert as an external member in ICC to help the committee over the legal complications of any case. 

The formation of an ICC is a must for all branches of corporates. All organizations must file an annual report of the cases handled throughout the year by ICC to the Ministry of Women and Child Development. Not following these norms could lead to action taken against the organization or even cancellation of their license. 

What Should be an Ideal Complaint Redressal Mechanism?

An ideal PoSH complaint redressal mechanism is a must for any organization for the time-bound disposal of PoSH complaints. The structure should include an easy medium for women to register their complaints. The ICC should maintain confidentiality in such matters during the investigation and hearing of a complaint. the investigation must be unbiased and the point of view of all parties must be considered. ICC should also ensure that the victim gets instant action for their workplace safety. this includes transferring the alleged perpetrator to a different department or branch where the victim won’t have to face the perp till the investigation is complete. A time-cap must be introduced for all complaints to ensure efficient redressal of such cases. 

How PoSH Training Helps?

• Conducting PoSH training of employees helps them to get aware of their rights under the PoSH Act. 
• This helps women to come out and report any sexual misconduct from a college or a senior in the workplace and so, ensures a safe working environment. 
• PoSH Training also enables employees to learn about fake PoSH complaints or what can be categorized as malicious complaints. This can reduce no. of false or fake complaints in the organization. 
• Proper PoSH training for management makes them aware of the process to create a robust and effective complaint redressal system. 
• It also helps the management to set up an internal complaints committee. 

How to Get PoSH Training for Employees

• Contact a Legal firm that has experts with complete knowledge of the PoSH Act and have experience in conducting training sessions for employees in prestigious organizations. 
• These firms mostly have professionals who have worked in the internal complaints committee of other organizations and can help in creating ICC in the new company. 
• The experts can easily make employees understand the most technical terms of the Act clearly with their effective communication skills. 

Conducting PoSH training sessions for employees must be made mandatory so that the employees understand the consequences of sexual misconduct and what acts constitute sexual harassment. This will help in creating a more secure and tension-free environment for women at the workplace. Companies can take help from legal firms to understand the formation of ICC and a well-structured complaint management system. Legal firms can also help companies in becoming PoSH compliant and following all the norms of the PoSH Act. 

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The Sexual Harassment of Women at Workplace Act, 2013 (Prevention, Prohibition and Redressal) is India’s first codified legislation and categorically deals with all aspects of sexual harassment of women at the workplace.

POSH Compliance Is Mandatory

All Companies, firms, businesses, institutions i.e. any workplace in India, having more than 10 workers, has to be POSH Compliant or face serious consequences under the law.

What Is IC Committee’s Role?

The Constitution of the Internal Complaints Committee (ICC), later amended as Internal Committee (IC), is the most crucial part in the implementation of the POSH Act at any workplace.

The ICC is required to

a) prevent instances of sexual harassment
b) receive complaints of sexual harassment, and
c) effectively deal with such acts.

The Composition Of ICC

The Internal Complaints Committee must comprise of:
1) Presiding Officer
2) Internal Members
3) External Member

It is mandatory that at least one-half of the total members nominated to the ICC must be women.

Who Is Known As ‘External Member’?

An external member mandated under the POSH Act is someone who does not belong to the organization, has to be empanelled in the ICC.

The purpose of including a non-employee in the IC is that such an outsider will act as a neutral, impartial and expert member of the ICC and to rule out any bias or prejudice against any party.

Who Is Known As ‘External Member’?

The Act lays down the eligibility criteria for an external member thus:

The member must be from an NGO or a social organisation that is committed to the cause of women and someone who has experience in dealing with cases related to sexual harassment.

OR

The external member can be a person with a legal background having knowledge and expertise in the matters of sexual harassment of women.

Who Is Known As ‘External Member’?

Looking at the latest trends most of the entities look for a woman who:
a)  Is a legal expert, well-versed in POSH law.
b) Possesses knowledge, skills, and ability to address sexual harassment issues and complaints effectively.
c) Has a sound understanding of the legal aspects and implications of sexual harassment.

Who Is Known As ‘External Member’?

The preference for an external member from the legal community is extremely beneficial as the rules have to be framed by each organization and given the wide definition of ‘sexual harassment’ intricate understanding is needed.

A Legal Expert as an External Member helps to contribute more towards prevention & redressal of Sexual Harassment at workplaces!

Author:
Adv Sharlee Garg
Muds Management Private Limited
Mobile number : 91-9599653306
Email id: sharlee@muds.co.in

*The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article

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