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MANDATE TO APPOINT AN EXTERNAL MEMBER IN THE ICC


In Corporate Law
I am a new working member of the organization and I have already faced a harassment incident from my direct supervisor, I want to make a complaint, but I am only interested if there is a member from outside the company in the internal complaint committee and if this member has experience in dealing with the issues of sexual harassment like a member of an NGO which works towards helping women?

Answers (1)


102 votes

Yes, an external member who is either a member of an NGO or must be associated with committees or groups that work towards women's empowerment and sexual harassment.

 

Provision of PoSH Act:


According to section 4 of the PoSH Act, the employer must establish an Internal Complaints Committee (ICC) in all workplaces where the number of employees is more than 10. This is an obligation that both public and private organizations must comply with.
The aggrieved woman must go to the ICC and file a complaint regarding sexual harassment. After receiving such a complaint from an aggrieved woman, the Committee investigates the matter and issues a recommendation.


The committee must consist of the following members:


Chairman or presiding officer: It must be a senior employee of the organization.

Two members from within the organization: These employees must be aware of gender issues and must be sensitive towards them and committed to the cause of women or have some legal knowledge of related matters.

One external member: The person should be from a non-governmental organization or association dedicated to the cause of women and issues related to sexual harassment.
The composition should be such that half of the total number of members must be women.

External member: The PoSH Act also stipulates that the Sexual Harassment Committee must include an external member from an NGO or association that is involved in women's issues. The person nominated must be familiar with the issue of sexual harassment.


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