When is a company required to constitute an internal POSH committee?

Hi,

When is a company required to constitute an internal POSH committee? What are employers duties?

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Hi Chitra,

The Act requires the employer to constitute an ‘internal committee’ (IC) at each of its office/branches that comprises ten (10) or more employees. This IC shall hear and redress the grievances and complaints pertaining to sexual harassment. If the employer fails to constitute it is liable to pay the fine prescribed under the Act.

Duties of Employer: Every employer should -

(a) provide a safe working environment at the workplace which shall include safety from the
persons coming into contact at the workplace;
(b) display at any conspicuous place in the workplace, the penal consequences of sexual
harassments; and the order constituting the Internal Committee;
(c) organize workshops and awareness programs at regular intervals for sensitizing the
employees with the provisions of the Act and orientation programs for the members of the Internal Committee in the manner as may be prescribed;
(d) provide necessary facilities to the Internal Committee or the Local Committee, as the case
maybe, for dealing with the complaint and conducting an inquiry;
(e) assist in securing the attendance of respondents and witnesses before the Internal Committee or the Local Committee, as the case may be;
(f) make available such information to the Internal Committee or the Local Committee, as the
case be, as it may require having regard to the complaint made;
(g) provide assistance to the woman if she so chooses to file a complaint in relation to the offense under the Indian Penal Code or any other law for the time being in force;
(h) cause to initiate action, under the Indian Penal Code or any other law for the time
being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
(i) treat sexual harassment as misconduct under the service rules and initiate action for such
misconduct;
(j) monitor the timely submission of reports by the Internal Committee.

For more information, you can refer to Sexual Harassment of Women at Workplace Act (greythr.com).

Regards,
Bhuvana Anand

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