A Step by Step Guide to Constitute POSH Committee

• POSH

Dr. Aparna Sethi

Corporate Trainer and Author

We have seen Enquiry Process, Investigation steps that needs to be followed. Today let us look into How to constitute a POSH Committee.

The POSH (Prevention of Sexual Harassment) Committee is a committee established within organizations to implement and enforce the guidelines and policies related to the prevention of sexual harassment in the workplace. In India, it is mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This law requires employers to establish a POSH committee to ensure a safe working environment for all employees, particularly women, by preventing sexual harassment and addressing complaints effectively.

The POSH committee typically consists of:

• Chairperson
• Members
• External Member

The committee is responsible for ensuring compliance with the law, conducting training and workshops, and promoting a zero-tolerance policy towards sexual harassment.

Constituting a POSH (Prevention of Sexual Harassment) Committee is an essential step for any organization to comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 in India. Here’s a step-by-step guide to help you establish a POSH committee within your organization:

1. Understand the Legal Requirements

• Familiarize yourself with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to ensure compliance with the law.
• The Act mandates that every organization with 10 or more employees must constitute a POSH committee.

2. Designate a Senior-Level Leader to Take Responsibility

• Appoint a senior person in the organization (typically from HR or management) who will be responsible for ensuring the implementation of POSH guidelines.
• This person will oversee the POSH Training and formation of the POSH committee and be accountable for its functioning.

3. Identify and Appoint the POSH Committee Members

The POSH Committee should consist of a mix of internal employees and external experts to ensure a fair, balanced, and impartial approach to handling complaints. Here’s how to structure the committee:

• Chairperson: The committee must have a woman as the chairperson, preferably someone with seniority and authority in the organization (e.g., senior female employee or manager). This is mandated by the law to ensure that a female perspective is prioritized.
• Internal Members:
  • Employees from different departments: Select employees who represent various functions within the organization. It ensures diversity and inclusivity in the committee’s decision-making process.
  • HR Representative: HR personnel are usually included to provide expertise in company policies and human resources matters.
  • Employee with experience or expertise in social work, law, or legal issues: To bring legal knowledge and awareness of gender issues to the committee.
• External Member: The law requires that at least one external member with expertise in issues related to sexual harassment, gender issues, or law be part of the committee. This ensures impartiality and objectivity. The number of members typically ranges between 4-6

4. Define the Committee’s Role and Responsibilities

• Prevention of Harassment: The committee should be responsible for creating awareness, conducting training, and establishing a culture of respect and inclusivity.
• Complaint Redressal: The committee will handle complaints of sexual harassment from employees, ensuring confidentiality, fairness, and timely resolution.
• Investigation: The committee will conduct investigations when a complaint is received, following the procedure outlined by the law.
• Monitoring & Reporting: The committee should monitor the effectiveness of the POSH policy and report findings to senior management.

5. Create an Official POSH Policy

• Draft a POSH Policy that outlines the organization’s commitment to preventing sexual harassment, the processes for lodging complaints, and the steps for handling complaints.
• Ensure the policy is in line with the legal requirements of the Sexual Harassment Act, 2013.
• The policy should also include the procedure for conducting inquiries, the role of the POSH committee, and the consequences of violation.

6. Organize Training and Awareness Programs

• The POSH committee should conduct POSH Training for all employees, particularly managers, on what constitutes sexual harassment, how to prevent it, and the procedure for making a complaint.
• Provide annual POSH training to update employees on the policy and make them aware of any changes or new developments.

7. Create a Confidential Complaint Mechanism

• Establish a confidential reporting system that allows employees to file complaints without fear of retaliation.
• This can be a direct email address, a grievance portal, or an in-person meeting with the POSH committee.
• Ensure that the process is confidential and that the identity of the complainant is protected.

8. Ensure Regular Meetings and Reviews

• The POSH committee should meet regularly (e.g., quarterly) to discuss the implementation of policies, review any ongoing investigations, and plan upcoming initiatives.
• Maintain a record of all meetings and activities to ensure accountability.

9. Develop a Reporting Mechanism

• The POSH committee should submit annual reports to the organization’s senior management, detailing the number of complaints received, the outcome of investigations, and the effectiveness of the policy.
• These reports should also be made available to the employees to demonstrate transparency and the organization’s commitment to preventing sexual harassment.

10. Provide Support to the Complainant

• Ensure that employees feel safe and supported throughout the complaint process. This may include:
  • Offering counseling to the complainant.
  • Providing temporary relief (such as changing the complainant’s workspace or shifting their shift).
  • Taking steps to ensure the well-being of the complainant throughout the investigation process.

11. Monitor & Improve

• Continuously monitor the effectiveness of the POSH committee and its activities.
• Gather feedback from employees regarding the implementation of the policy and the handling of complaints.
• Make improvements to the process based on feedback and changing needs.

12. Document Everything

• Maintain proper records of all complaints, investigations, actions taken, and outcomes. This documentation should be kept confidential and only shared with relevant authorities if necessary.

Conclusion:

By following these steps, you can set up a POSH committee that ensures a safe and harassment-free environment for your employees. Establishing clear processes, transparency, and a support system for employees to voice their concerns are key aspects of an effective POSH committee.