POSH LAWSPOSH IC setup guidelines
POSH IC setup guidelines
A comprehensive guide to set up the IC as per the statute which is the ideal and customised fit for your organization. As far as possible, the IC should comprise of women and members who have been trained on the POSH Act and POSH Rules and their roles and responsibilities.
- Presiding Officer : Should be a woman employed at a senior level at the workplace from amongst the employees.
- Members: Not less than 2 members from amongst employees. Preferably committed to the cause of women or who have had experience in social work or have legal knowledge.
- External NGO member: Preferably committed to the cause of women or person familiar with issues relating to sexual harassment.
- Not less than half of the IC Members shall be women.
- The term of the IC Members shall not exceed 3 years.
- A minimum of 3 Members of the IC including the Presiding Officer are to be present for conducting the inquiry.
- As per MCA Rules (Companies (Accounts) Rules, 2014), the IC details also have to be disclosed in organization’s Annual Report.
It is preferable to have an odd number of members to enable the IC to arrive at a decision based on majority in case of a divided opinion.
When nominating the IC members special consideration should be given to their being accessible, approachable, committed, sensitive and understanding.
The functioning of the IC should be made independent and autonomous so that there is no scope of allegations of bias or favouritism.
There should be periodic discussions between the IC members to enable them to function as a well-knit cohesive body.
Regular trainings should be conducted for the IC to update them with the latest court decisions and enhance their capability.
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