Dear Learned Professional,
Do the provisions of the POSH Act apply to an industry having 50 male employees and only one female employee serving tea and refreshments, and that too on the contractor's payroll? If yes, then in that scenario, who would be the Presiding Officer of the Internal Complaints Committee (ICC) as, to my knowledge, the law mandates the ICC to be headed by the senior-most female employee in the organization?
An expert opinion on this situation would be highly appreciated.
From India
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9Do the provisions of the POSH Act apply to an industry having 50 male employees and only one female employee serving tea and refreshments, and that too on the contractor's payroll? If yes, then in that scenario, who would be the Presiding Officer of the Internal Complaints Committee (ICC) as, to my knowledge, the law mandates the ICC to be headed by the senior-most female employee in the organization?
An expert opinion on this situation would be highly appreciated.
From India
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The act applies and it is necessary to form the ICC, but in the existing circumstances, you probably can't do it. Please remember that in case of trouble and you don't have an ICC, the concerned employee can go to the District committee, which would mean the investigation is out of your control.
If you do not have a senior woman employee, have an external woman consultant who has experience in the field be the president. At least you will have an ICC which is tenable. The acceptability of the investigation and report often depends on the composition and how fair it seems to be to outsiders/courts.
From India, Mumbai
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If you do not have a senior woman employee, have an external woman consultant who has experience in the field be the president. At least you will have an ICC which is tenable. The acceptability of the investigation and report often depends on the composition and how fair it seems to be to outsiders/courts.
From India, Mumbai
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Membership of the Internal Complaints Committee.docx
Circular On Online Submission Of Annual Report Under POSH Act Within 14th August 2020 In Mumbai.pdf