Best practices to set up the internal committee when operations are spread across locations
According to the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as POSH) it is a legal obligation for all organisations with 10 or more employees to set up an internal committee.
Section 4(1)of the Act states that:
Every employer of a workplace shall, by an order in writing, constitute a committee to be known as the “Internal Complaints Committee”: Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the internal committee shall be constituted at all administrative units or offices.
Today, many companies, corporations and organisations are spread across various locations. The establishment of an IC is mandatory for each of the offices and units. Employers who have multiple offices and administrative offices have to constitute the committee at each of the locations. This makes the redressal process accessible and increases accountability in organisations with multiple structures.
Owing to the size and multiple structures in an organisation spread across locations, managing an IC can be difficult. However, a consistent central procedure that is followed across locations can result in effective management.
The creation of an apex committee
Companies that are spread across locations often appoint an additional supervisory and centralised committee called an apex committee. The law is silent on the creation of such a committee; however, the Ministry of Human Resources Department has allowed relaxations, such as having a centralised committee with local members being co-opted when holding an inquiry. As long as in no event should any office or unit lack recourse to a designated IC. This is often done as a measure to deliver effective implementation of a centralised POSH policy model across its locations.
An apex Committee is a centralised redressal committee at the corporate level constituted by the executive management. The apex committee works closely with all the IC’s in terms of reviewing and monitoring their functioning with fairness, justice of the inquiry process and reducing the time-consuming process of going into trial.
The committee might review an investigation/inquiry of proceedings held by the IC’s. The apex committee stands as the safeguard of fairness of the redressal process. It’s important to understand that the apex committee doesn’t take complaints in regards to POSH or adjudicate them. It simply manages, reviews and effectively works with all the IC’S present in the organisation’s structure. Under the law, only the IC that is constituted has the quasi-judicial power.
If any party is not happy with the redressal process, they can reach the apex committee for review of the inquiry or the resolution. The apex committee then reviews the proceedings and gives orders that it deems fit. It is important to note that the apex cannot reverse the order or act as an appellate authority; it can give orders of review of inquiry, recomposition of the committee if it feels biased in the judgment etc. If the aggrieved party is still not satisfied, they can approach the courts, tribunals in appeal.
Appointing an SPOC at the local locations
The creation of an IC is important in a workplace with a workforce of 10 or more employees. However, employees with factories or warehouses have now set up a SPOC at every location, region, or place. The SPOC acts as an information-assistance agent for the region/location/place.
The role of an SPOC is that of assistance in cases where the complainant doesn’t directly go to the IC. However, if the SPOC feels that the assistance sought is beyond its capacity, the same shall be reported to IC as soon as possible. The SPOC reports all matters concerning sexual harassment to IC and helps in the implementation of the policy matters at localised locations,3 and provides support to the complainant. Further, the SPOC can be utilised by the IC for inquiry, dissemination and organising the awareness programmes. It works as a support structure for the implementation of POSH.
Reach out to hello@serein.inc. Our team of External Members will guide you with best practices to implement PoSH in your organisation.