Hi all,
One of my clients is an IT company in Mumbai that has 28 employees. There are 7 women employees, and only one of them is married. She has been the Presiding Officer for the past three years. There is another woman in accounts who has been a member. Now, after three years, how do we constitute the Internal Committee? The other women are recent graduates. Can we continue with the current Presiding Officer? What would be the best approach in this situation?
Thank you for your input.
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One of my clients is an IT company in Mumbai that has 28 employees. There are 7 women employees, and only one of them is married. She has been the Presiding Officer for the past three years. There is another woman in accounts who has been a member. Now, after three years, how do we constitute the Internal Committee? The other women are recent graduates. Can we continue with the current Presiding Officer? What would be the best approach in this situation?
Thank you for your input.
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Constitution of Internal Committee under the PoSH Act 2013 for the IT Company in Mumbai
To address the situation of forming and maintaining the Internal Committee under the Prevention of Sexual Harassment (PoSH) Act 2013 in the IT company in Mumbai, the following steps can be considered:
1. Ensuring Compliance: As per the PoSH Act, every organization with 10 or more employees must constitute an Internal Committee to address sexual harassment complaints. Given the company has 28 employees, it falls under the purview of the Act.
2. Composition of the Internal Committee: The Internal Committee should ideally consist of at least four members, including a Presiding Officer, two employees from among the staff, and one external member. Since the current Presiding Officer has served for three years, it may be beneficial to rotate this role to maintain a fresh perspective and ensure fairness in handling complaints.
3. Rotational Presiding Officer: Considering the current scenario, where one woman has been the Presiding Officer for three years, it is advisable to rotate this position to another eligible member. This rotation not only provides equal opportunities but also prevents any potential biases that may arise from an extended tenure.
4. Training for New Members: Since the other women in the company are recent graduates, it is essential to provide them with adequate training on the provisions of the PoSH Act, the responsibilities of the Internal Committee, and procedures for handling complaints. This training will equip them with the necessary knowledge to effectively fulfill their roles.
5. Appointment of a New Presiding Officer: To ensure a smooth transition and continuity in the functioning of the Internal Committee, appointing a new Presiding Officer from among the eligible members would be a suitable approach. This decision should be made transparently and communicated to all employees to maintain clarity and fairness.
6. Maintaining Records: It is crucial to document the constitution of the Internal Committee, including the names of members, their roles, and the duration of their tenure. This documentation should be kept up to date and readily accessible for future reference and audits.
By following these steps, the IT company can effectively constitute the Internal Committee under the PoSH Act, promote a safe working environment, and uphold the principles of gender equality and workplace safety.
From India, Gurugram
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27To address the situation of forming and maintaining the Internal Committee under the Prevention of Sexual Harassment (PoSH) Act 2013 in the IT company in Mumbai, the following steps can be considered:
1. Ensuring Compliance: As per the PoSH Act, every organization with 10 or more employees must constitute an Internal Committee to address sexual harassment complaints. Given the company has 28 employees, it falls under the purview of the Act.
2. Composition of the Internal Committee: The Internal Committee should ideally consist of at least four members, including a Presiding Officer, two employees from among the staff, and one external member. Since the current Presiding Officer has served for three years, it may be beneficial to rotate this role to maintain a fresh perspective and ensure fairness in handling complaints.
3. Rotational Presiding Officer: Considering the current scenario, where one woman has been the Presiding Officer for three years, it is advisable to rotate this position to another eligible member. This rotation not only provides equal opportunities but also prevents any potential biases that may arise from an extended tenure.
4. Training for New Members: Since the other women in the company are recent graduates, it is essential to provide them with adequate training on the provisions of the PoSH Act, the responsibilities of the Internal Committee, and procedures for handling complaints. This training will equip them with the necessary knowledge to effectively fulfill their roles.
5. Appointment of a New Presiding Officer: To ensure a smooth transition and continuity in the functioning of the Internal Committee, appointing a new Presiding Officer from among the eligible members would be a suitable approach. This decision should be made transparently and communicated to all employees to maintain clarity and fairness.
6. Maintaining Records: It is crucial to document the constitution of the Internal Committee, including the names of members, their roles, and the duration of their tenure. This documentation should be kept up to date and readily accessible for future reference and audits.
By following these steps, the IT company can effectively constitute the Internal Committee under the PoSH Act, promote a safe working environment, and uphold the principles of gender equality and workplace safety.
From India, Gurugram
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