Have you changed Internal Committee members under POSH Act after 3 years? - MMJC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act“) was enacted with the objective of providing protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or incidental thereto.

Constitution of Internal Committee

Under the POSH Act, every employer/ establishment employing ten or more employees is required to constitute an Internal Committee (hereinafter referred to as the “IC”) to provide a redressal mechanism to the women aggrieved by the incident of sexual harassment. IC will receive complaints on sexual harassment at the workplace from an aggrieved woman, make inquiries into the same and recommend actions to the employer required pursuant to its inquiry of such complaint made.

Organizations with more than 10 employees must form an IC composed of the following members:

Presiding Officer: Woman employed at a senior level at the workplace from amongst the employees.

Members: Not less than 2 members from amongst employees. Preferably committed to the cause of women or who have had experience in social work or have legal knowledge.

External member: From an NGO or association committed to the cause of women or persons familiar with issues relating to sexual harassment.

At least one-half of the total members of the IC shall be women.

Duration of the IC

It has been prescribed that the Presiding Officer and every Member of the IC shall hold office for such period not exceeding 3 years, from the date of their nomination as may be specified by the employer. It is necessary that the employer shall keep track of the tenure of each member and shall ensure that the new member is nominated to IC after the completion of 3 years.

Conclusion

Every employer shall ensure that IC is properly constituted which includes a change of members every 3 years. It shall be noted that the POSH Act prescribes that any contravention of the provision of the POSH Act an ICC is an offense punishable with a fine for an amount of up to Rupees Fifty Thousand. Further, an employer convicted for the same offense at the second instance may be punishable with a fine for twice such amount, as well as be liable to cancellation or non-renewal of its business licenses, registrations or approvals by the government or local authorities.