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PROCESS TO FORM PoSH COMMITTEE


09-Aug-2023 (In Corporate Law)
I am a CEO of a company and we have more than 10 employees . Are we required to make an Internal Complaint Committee as per the provisions of PoSH? If yes, What is the procedure for forming such committee?
Answers (3)

Answer #1
210 votes

Procedure to form internal complaints committee


The ICC, as the name suggests, is an internal workplace committee that receives and deals with sexual harassment complaints. It is required to consist of at least four members:

The Chairperson, who must be a woman employed at a higher level in the organization 

Two employee members. The act says that for these two members, employers should give priority to employees who are committed to the cause of women or who have social work experience or legal knowledge.

One member from a non-governmental organization or association dealing with the cause for women or a person familiar with the issue of sexual harassment ("External Member").

The law also stipulates that at least half of the total number of ICC members should be women.
 

Steps to set up ICC:

 

•    Choosing of right internal and external members for the committee- There should be a presiding officer, 2 internal members and 1 external member.

•    Appointment letters for the members for ICC and the ICC constitution order- Person selected as Presiding officer, internal member and external member all need to be sent their appointment letter along with final notification of order of the Constitution of ICC within the organisation.

•    Orientation and Capacity building training for ICC members- PoSH act requires an expert to conduct orientation, capacity building of the ICC members in addition to the training sessions with the employees of the organisation.

•    An ICC handbook- it is important to build capacity of the ICC and the same can be done with the help of a well-customized ICC handbook.

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Answer #2
987 votes
Posh act is for THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 and the same is all about the procedure, inquire and action to be taken etc ..b in touch to understand the legalities.. thanks
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Answer #3
735 votes
POSH Laws apply to every employer whether an individual, partnership or a company. Therefore, every organization, be it Public Limited Company, Private Limited Company, Limited Liability Partnership, Partnership Firms, Association, Society, Trust, Proprietorship or even an NGO, irrespective of its size and number of the employees, has to comply with the laws enshrined in the Act. Non-compliance with POSH (Prevention of Sexual Harassment) can cost an employer a monetary penalty of INR 50,000.
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