Understand the importance of the Internal Committee in promoting a safe and secure work environment for employees as per the guidelines of the POSH Act in this blog. Read on to know!

The POSH Act, or the Prevention of Sexual Harassment at the Workplace Act, is a legal framework in India that aims to protect employees from sexual harassment in the workplace. 

One of the key components of the POSH Act is the formation of an Internal Committee (IC) at the organizational level. In this blog, we will discuss what an Internal Committee is, and who its members are.

Internal Committee 

An Internal Committee is a body that is constituted within an organization to address and resolve complaints of sexual harassment in the workplace. The IC is responsible for receiving and inquiring about it. As well as resolving complaints of sexual harassment made by employees of the organization. 

It is an in-house mechanism for dealing with complaints of sexual harassment, which is intended to provide a safe and secure environment for employees. One can speak with a specialist at Vakilsearch for further details. Any questions you have can be answered by their team.

The POSH Act lays out specific guidelines for the composition of an Internal Committee. The committee must have a minimum of four members, and at least half of the members must be women. Additionally, one member must be from a non-govt organization or an association committed to the cause of women and one member must be a person familiar with the issues related to sexual harassment. The IC must also have a Presiding Officer, who must be a woman, and who is responsible for conducting the inquiry into the complaint.

Did you know?

According to a survey, 79% of victims of sexual harassment also experienced professional bullying.

 The Members of the Internal Committee include:

 

• Presiding Officer:

The Presiding Officer is a woman who is responsible for conducting the inquiry into the complaint of sexual harassment. She must be a senior-level employee of the organization and should have experience in dealing with such issues. 

• Members: 

At least half of the members of the IC must be women. These members should be representative of the diverse workforce of the organization. Also, they should have experience in dealing with issues related to sexual harassment.

• NGO/Association Representative: 

One member of the IC must be from a non-government organization or an association committed to the cause of women. This member should have knowledge and experience in dealing with issues related to sexual harassment.

• Expert Member: 

One member of the IC must be a person familiar with the issues related to sexual harassment. This can be an academic, a legal expert, or a person with experience in dealing with such issues. The Internal Committee plays a crucial role in ensuring that the organization is compliant with the POSH compliance Act.

And that employees are protected from sexual harassment in the workplace. The IC is responsible for 

• Receiving complaints of sexual harassment, 
• Conducting inquiries, 
• And making recommendations for resolution. 

The IC also plays a key role in creating awareness about sexual harassment and promoting a culture of zero tolerance for such behavior within the organization.

It’s important to note that the Internal Committee is not a judicial body and does not have the power to impose penalties. However, the committee may recommend disciplinary action against the accused and the organization must take appropriate action based on the findings of the inquiry.

Who Can Be an External Member?

An external member can be anyone affiliated with NGOs or associations dedicated to women’s causes or an individual well-versed in sexual harassment issues. 

Is There Any Fee for the External Member?

Employers are required to provide the External Member from NGOs or associations with a daily allowance of Rs. 200 for conducting Internal Committee proceedings, along with reimbursement for travel expenses.

Conclusion

In conclusion, the Internal Committee is an important component of the POSH Act, which aims to protect employees from sexual harassment in the workplace. The IC is a body that is constituted within an organization to address and resolve complaints of sexual harassment.

It is composed of a Presiding Officer, who must be a woman, and at least three other members, including representatives from non-governmental organizations or associations committed to the cause of women and experts in the field of sexual harassment. The IC plays a crucial role in ensuring that the organization is compliant with the POSH Act and that employees are protected from sexual harassment in the workplace. Professionals from Vakilsearch can assist you in any circumstance thanks to their years of experience.

FAQs

What is the POSH Act?

The POSH Act, or the Prevention of Sexual Harassment at the Workplace Act, is a legal framework in India. It aims to protect employees from sexual harassment in the workplace.

What is an Internal Committee?

An ICC is a body that is constituted within an organization to address and resolve complaints of sexual harassment in the workplace. It is an in-house mechanism for dealing with complaints of sexual harassment. Also, which is intended to provide a safe and secure environment for employees.

What are the responsibilities of the Internal Committee?

The IC is responsible for receiving, inquiring into, and resolving complaints of sexual harassment made by employees of the organization. It also plays a key role in creating awareness about sexual harassment. It helps in promoting a culture of zero tolerance for such behavior within the organization.

Who are the members of the Internal Committee?

The IC must have a minimum of four members, and at least half of the members must be women. Additionally, one member must be from a non-governmental organization or an association committed to the cause of women, and one member must be a person familiar with the issues related to sexual harassment. The IC must also have a Presiding Officer, who must be a woman, and who is responsible for conducting the inquiry into the complaint.

What is the role of the Presiding Officer?

The Presiding Officer is a woman who is responsible for conducting the inquiry into the complaint of sexual harassment. She must be a senior-level employee of the organization. Also, she should have experience in dealing with issues related to sexual harassment.

Can the Internal Committee impose penalties?

No, the Internal Committee is not a judicial body and does not have the power to impose penalties. However, the committee may recommend disciplinary action against the accused. Also, the organization must take appropriate action based on the findings of the inquiry.

What is a posh committee?

A Posh Committee, also known as the Internal Complaints Committee (ICC), is a mandatory body in organizations with 10 or more employees in India. It aims to prevent, prohibit, and redress sexual harassment at the workplace.

What is Posh full form?

Posh stands for Prevention of Sexual Harassment

What are the objectives of the Posh Committee?

The Posh Committee's objectives include preventing and redressing instances of sexual harassment at the workplace, creating a safe and respectful work environment and ensuring compliance with the PoSH Act

What are the benefits of posh committee?

The Posh Committee helps in -
● Creating a safe and respectful work environment
● Preventing sexual harassment, and
● Providing a mechanism for redressal of complaints related to sexual harassment at the workplace

Who is eligible for the Posh Committee?

All employees, regardless of their position or seniority, can access the Posh Committee for reporting and seeking redressal of sexual harassment complaints.

Is Posh Committee mandatory?

All employees, regardless of their position or seniority, can access the Posh Committee for reporting and seeking redressal of sexual harassment complaints.

What are the rules for posh?

The rules for the Posh Committee, or the Internal Complaints Committee (ICC), are governed by the Prevention of Sexual Harassment (PoSH) Act. The Act outlines the composition, functions, and responsibilities of the Committee

Who is the head of the Posh Committee?

The Posh Committee, or the Internal Complaints Committee (ICC), is headed by a senior woman employee from the organization. Additionally, it includes other members, such as an external member and a representative from a non-governmental organization

What is the role of HR in posh committee?

The HR department plays a crucial role in implementing the PoSH policy, creating awareness, conducting training, and ensuring compliance with the PoSH Act. They also support the Posh Committee in its functioning.

What is the punishment for a posh committee?

The Posh Act prescribes various penalties for employers and individuals who violate its provisions, ranging from reprimands to termination of employment and even imprisonment.

What is the scope of Posh Act?

The Posh Act applies to all workplaces, including government offices, private companies, educational institutions, and NGOs. It covers a wide range of sexual advances, including unwelcome physical contact, verbal abuse, and creation of a hostile work environment.

How do you implement a posh committee?

To implement the Posh Committee, organizations need to establish an Internal Complaints Committee (ICC), develop a PoSH policy, conduct awareness and training programs, and ensure compliance with the PoSH Act