How do we appoint a Presiding Officer?
Select an external woman with legal/HR expertise per Section 4(2)(a), ensuring impartiality through formal appointment letters.
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PoSH
3 frequently asked questions about setting up an IC
Q1: Can we have male IC members? Yes, but 50% must be women. Q2: Training needed? Annual sensitisation mandatory. Q3: Quorum? Minimum 3 including chair.
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Who shoulders the burden of proof in a PoSH inquiry?
Complainant establishes prima facie case; IC then impartially collects evidence. Standard: “preponderance of probability”, not “beyond doubt”.
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Can IC take up a complaint with no evidence or witnesses?
If found prima facie credible, ICs assess plausibility, patterns, and circumstantial indicators, testimony alone can be sufficient under PoSH guidelines.
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How can managers prevent sexual harassment at work?
Model respect, interrupt microaggressions, enforce boundaries, promote reporting without fear & complete mandatory PoSH training annually.
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What if the respondent refuses to pay compensation?
Employers must deduct from wages/sureties per Section 21(3). Non-payment within 60 days attracts penalties under Section 26.
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