Unifying Protection: Internal Committee across multiple locations - MMJC

Unifying Protection: Internal Committee across multiple locations

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”) was implemented to safeguard women from workplace sexual harassment, aiming to prevent and address complaints related to such incidents.

Formation of the Internal Committee in accordance with the POSH Act, employers or establishments with ten or more employees are mandated to form an Internal Committee (referred to as the “IC”) to serve as a redressal mechanism for women affected by incidents of sexual harassment. The IC is responsible for receiving complaints, conducting inquiries, and recommending necessary actions to the employer based on its investigations.

Section 4(1) of the POSH Act stipulates that every employer must, through a written order, constitute an “Internal Committee.” When offices or administrative units are spread across different locations or operate at divisional or sub-divisional levels, the IC should be established at each administrative unit or office.

It is important to note that the definition of an employee under the POSH Act is inclusive, covering individuals employed on various bases, including regular, temporary, ad hoc, or daily wage, directly or through an agent. This includes contract workers, co-workers, probationers, apprentices, trainees, whether remunerated or on a voluntary basis.

Recognizing that some companies may face challenges in finding experts or relevant individuals at each location to form an IC, they can adopt an alternative approach. Establishing an Apex Committee at the central or zonal level, comprising employees and external members with expertise in handling POSH-related matters, can be a viable solution. Members of this apex committee, along with identified employees at branches, can collectively form local ICs at each branch. This model facilitates effective compliance with the law and the implementation of a centralized POSH policy and process across all locations.

To ensure awareness, local IC details should be communicated and prominently displayed.

Section 21 of the Act stipulates that the IC shall in every calendar year prepare an annual report and submit it to the employer and the District Officer. While there is no specific deadline for submitting the annual report under the act, it is advisable, as a best practice, to submit it by January 31^st of each year.

Conclusion:

Employers are obligated to ensure the proper constitution of the IC at all locations and create awareness among employees. It is crucial to adhere to the POSH Act’s provisions, as any violation is considered an offence punishable by a fine of up to Rupees Fifty Thousand. In the event of a second offence, the employer may face a fine double the previous amount and be at risk of cancellation or non-renewal of business licenses, registrations, or approvals by government or local authorities.