How to Set Up an Effective Internal Committee (IC) for POSH Compliance in India
Creating a workplace free from harassment starts with a robust Internal Committee (IC). Learn how to establish an IC that aligns with the POSH Act, ensures compliance, and fosters a safe environment for employees, while minimizing legal risks for employers.
Introduction
Workplace safety has become a cornerstone of corporate ethics, particularly in the context of preventing and addressing sexual harassment. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) provides a robust legal framework to ensure dignity and respect at work. Central to this legislation is the establishment of an Internal Committee (IC), which serves as the first point of redress for complaints related to sexual harassment.
Organizations that effectively set up and manage their ICs not only comply with legal mandates but also foster a culture of trust and safety. Here’s a detailed overview of the best practices for setting up and running an Internal Committee.
Legal Foundation and Structure of the IC
The POSH Act mandates the creation of an Internal Committee in all workplaces with 10 or more employees. This committee is tasked with addressing sexual harassment complaints confidentially and impartially. The minimum composition of the IC is as follows:
- Presiding Officer: A senior woman employee from within the organization must be appointed as the head of the committee. If no senior woman is available, an external woman employee from the organization’s other units may be designated.
- Internal Members: At least two employees committed to women’s welfare or possessing expertise in legal or social issues must be included.
- External Member: One member must be drawn from an NGO or association dedicated to women’s rights or someone with experience in handling such issues. This member ensures an unbiased, external perspective.
At least 50% of the IC’s members must be women to encourage complainants to come forward without hesitation.
Key Steps in Establishing the Internal Committee
1. Policy Development
Organizations should first draft a comprehensive policy outlining their commitment to a harassment-free workplace. This policy should describe the role, composition, and functioning of the IC and provide a clear outline of the complaint process.
2. Committee Constitution
The employer is responsible for nominating members to the IC. All members must receive a formal appointment letter defining their roles, tenure (three years as per the law), and responsibilities. Care should be taken to ensure diversity, impartiality, and sensitivity among committee members.
3. Training and Sensitization
IC members must be trained in handling complaints, legal provisions, and gender sensitivity. Regular workshops should be conducted to update their knowledge of the latest legal developments and best practices. This training ensures unbiased and effective grievance redress.
4. Internal Awareness
Once the IC is formed, its existence and functions must be communicated to all employees. Details such as member names, contact information, and complaint submission procedures should be displayed prominently at all office locations.
5. Maintaining Confidentiality
Confidentiality is paramount in all IC proceedings. From the investigation phase to report submissions, maintaining privacy safeguards the dignity of both the complainant and the respondent.
Operational Best Practices
Regular Meetings
The IC should meet at regular intervals to review its processes, discuss ongoing cases, and implement improvements. These meetings also help in identifying trends and taking preventive actions.
Prompt Complaint Handling
Complaints must be acknowledged immediately, and investigations completed within 90 days as stipulated by the POSH Act. This ensures a quick and fair resolution.
Documentation and Reporting
Maintaining detailed records of complaints, proceedings, and outcomes is essential. The IC must submit an annual report to the District Officer, detailing the number of cases received, addressed, and pending.
Support for Complainants
Providing emotional and legal support to complainants enhances trust in the system. This includes ensuring that no retaliation occurs against those who report harassment.
Challenges and Solutions
1. Lack of Awareness: Many employees are unaware of the POSH Act or their rights under it. Continuous sensitization drives can address this gap.
2. Bias and Conflict of Interest: IC members must avoid personal biases or conflicts. Having an external member helps ensure neutrality
3. Fear of Retaliation: Anonymous complaint mechanisms can encourage victims to come forward without fear.
Conclusion
The Internal Committee plays a vital role in ensuring workplace safety and compliance with the POSH Act. By adhering to these best practices, organizations can create an environment of trust, dignity, and respect, laying the foundation for a thriving workplace culture. Organizations that prioritize the effective functioning of their IC not only fulfill legal mandates but also build reputations as equitable and safe employers.
Actionable Insight: Regular audits of the IC’s functioning, coupled with transparent policies and training initiatives, can significantly enhance its effectiveness and impact.
Disclaimer
This article is for informational purposes only and reflects publicly available information and case studies as of the publication date. Company policies may change over time; readers are advised to verify specific details directly with the respective companies. Amazing Workplaces and the author do not endorse any specific company or policy and are not responsible for decisions made based on this content.
