The PoSH Committee at every workplace is led by the presiding officer, also known as the chairperson. She is not a post-stamp leader – the law has envisioned an important role for her to play in preventing, prohibiting, and redressing sexual harassment at the workplace.
In Chapter 2, the law on prevention of sexual harassment lays down guidelines on how to form a PoSH committee. One of the guidelines is on the nomination of a presiding officer.
(a) a presiding officer who shall be a woman employed at a senior level at workplace from amongst the employees
Some companies may not have senior woman employees on the role. We’ve written about what they should do in such a situation. But the law is silent on what exactly a Presiding Officer is supposed to do. Why is a presiding officer necessary, and how does her role differ from internal members?
The need for a presiding officer
Assume you’ve got a complaint. It falls under your jurisdiction as a case of sexual harassment at the workplace.
The respondent happens to be a senior member of the company.
You begin the investigation, but quickly realise that the respondent is not taking it seriously.
They haven’t shared their official response to the complaint. They have started pressurising the complainant’s manager to assess her performance.
They keep delaying requests to fix a time for the hearing. They are stalling the investigation, and you seem powerless to address it.
Who could help in this situation?
This is where the seniority of a presiding officer acquires relevance.
Her high position in the company infuses the IC with authority. Her presence creates seriousness around the proceedings. The inquiry’s legal mandate becomes clear – it is not just another compliance to be followed. Most importantly, the presiding officer’s position within the organisation can ensure that every involved party cooperates with the inquiry.
Presiding officer vs internal member
In essence, the presiding officer is bound by the same responsibilities as an internal member. These include:
- ensuring they complete their mandatory training
- staying free of conflict of interest/bias
- completing inquiries fairly and on time
- encouraging women to come forward when they have concerns
However, they do differ in one key aspect.
Rule 7 on the law on prevention of sexual harassment states:
(7) In conducting the inquiry, a minimum of three members of the complaints committee including the presiding officer or the chairperson, as the case may be, shall be present.
What does this mean?
The presiding officer’s presence is mandatory at the PoSH committee’s every meeting or hearing. Without her, the PoSH committee becomes legally invalid. Drawing on this, the presiding officer also signs off on all PoSH-related documentation. This includes inquiry reports, transcriptions, and annual returns. This would also include special meetings with either party, such as the complainant or the respondent, if they wish to speak only with one member of the committee.
Does the Presiding Officer have special decision-making powers?
No, the law does not accord any special authority to a presiding officer as a decision-maker. Every member, whether they are the PO or an internal member, has an equal say. What this means is that the committee does not have the option of voting to come to a conclusion. This means that the entire committee must come to a decision on the basis of a well-reasoned, unbiased consensus.
However, the Presiding Officer is considered the guiding light of the committee. She is expected to use her official authority and extensive experience of working in the organisation as a woman employee to ensure the Committee works towards eradicating sexual harassment at the workplace. Nominating the right person for the role is critical to ensuring a safe workplace for all employees.
FAQs
1. What is the difference between a Presiding Officer and a Chairperson?
In the context of a PoSH Internal Committee, the term Presiding Officer is essentially synonymous with Chairperson — both refer to the leader of the committee. The article itself uses both terms to describe the same role in PoSH committees. However, outside this specific context, “chairperson” can be a broader term used in other committees or meetings.
2. Can a Presiding Officer make a motion?
The article doesn’t discuss making motions specifically, but in PoSH committee proceedings the Presiding Officer doesn’t act like a traditional “meeting chair” who controls motions. In PoSH, decisions aren’t made by motions or votes — the whole committee must reach a consensus. This implies the Presiding Officer does not make substantive motions independently.
3. What are the key qualities of a good Presiding Officer?
A good Presiding Officer should:
- Be senior and respected within the organisation.
- Have the authority to ensure cooperation during investigations.
- Act fairly and encourage participation without bias.
- Help the committee work toward its statutory goal of preventing and addressing sexual harassment.
4. How does a Presiding Officer handle a disruptive attendee?
While the article doesn’t offer procedural details on disruptions, generally the Presiding Officer’s role includes maintaining order and ensuring proceedings are respected. In a PoSH context this would mean guiding the process so hearings and discussions continue respectfully and according to procedure.
5. What happens if the Presiding Officer is absent at a hearing?
In a PoSH Internal Committee, the Presiding Officer’s presence is mandatory for a hearing or meeting to be legally valid. If she is absent, the committee’s actions are considered invalid under the law.
6. Is the Presiding Officer responsible for decision-making?
No — the Presiding Officer doesn’t have special decision-making authority. All members of the committee (including the Presiding Officer) have equal say, and decisions must be reached by well-reasoned consensus, not by majority vote.
7. What training should the Presiding Officer complete?
While the article doesn’t list specific courses, it states that the Presiding Officer must complete mandatory training like other committee members, which typically covers fair inquiry procedures and how to handle harassment complaints impartially.
8. Can the Presiding Officer also serve as an internal member of another committee?
The article doesn’t directly address this, but as the Presiding Officer is always an internal member of the PoSH committee, she could potentially serve on other committees as long as there’s no conflict of interest and she can fulfill both roles responsibly.