In our previous articles, we discussed what the POSH Act is and why every eligible employer should take it seriously.
Now comes one of the most important parts of POSH compliance — the Internal Committee (I.C.).
I have come across many businesses where the management knows that an Internal Committee is required, but when you ask a few practical questions, there is confusion.
Who should be the Presiding Officer?
How many members are required?
Is an external member compulsory?
Can the H.R. manager become a member?
What happens if the company has only a few women employees?
And perhaps the biggest question — is it enough to simply prepare a committee list and keep it in a file?
The answer is no.
The Internal Committee has a serious responsibility. It may have to deal with a very sensitive complaint involving employees, managers, evidence, witnesses and confidential information. Therefore, the committee should be properly constituted and the members should know what they are expected to do.
Let us understand this practically.
## When Is an Internal Committee Required?
If an organisation has 10 or more employees, the employer is generally required to constitute an Internal Committee under the POSH Act.
This applies irrespective of whether you are a large corporate company or a small M.S.M.E.
You should not think:
> "We have only 12 or 15 employees, so there is probably no need for it."
The number of employees matters.
The size of your office, turnover of your business or whether you have a separate H.R. department does not remove the requirement where the Act applies.
## Who Should Be Part of the Internal Committee?
The law provides a specific structure for the Internal Committee.
It should include:
### 1. A Presiding Officer
The Presiding Officer should be a woman employed at a senior level in the organisation.
This is not simply a matter of choosing the most convenient person available.
The person should be capable of handling a sensitive matter with maturity, fairness and confidentiality.
If your organisation has a suitable senior woman employee, she should be considered for this responsibility.
### 2. Two or More Employee Members
The committee should also have at least two members from among the employees.
The law provides preference to persons who are committed to the cause of women or who have experience in social work or legal knowledge.
The important point is that these people should be capable of understanding the seriousness of a POSH complaint.
Just because someone is senior in the organisation does not automatically make that person suitable for the committee.
### 3. One External Member
This is where I see another common misunderstanding.
The Internal Committee is required to have one external member who has the prescribed experience or familiarity with issues relating to sexual harassment or women's welfare.
The external member may be from an N.G.O., association or may otherwise have the required knowledge or experience.
The idea is simple.
The committee should not be completely dependent on people from inside the same organisation.
An external member can bring an independent perspective, particularly when a complaint involves a senior employee or management person.
## Can an H.R. Manager Be a Committee Member?
Yes, an H.R. professional can be appointed as a member if the person meets the requirements.
But there is an important difference between H.R. support and the Internal Committee's statutory role.
H.R. may help with documentation, communication, scheduling and other administrative matters.
However, the committee must handle the complaint and inquiry fairly and independently.
For example, if a complaint is made against a senior manager, the H.R. department should not try to "settle" the matter internally just to avoid trouble.
The prescribed process needs to be followed.
## Why Is the External Member Important?
Let us take a simple example.
Suppose a company has 25 employees. The complainant and respondent both know most of the people in the office. The respondent happens to be a senior manager who has been with the company for many years.
Now imagine that every member of the committee is also an employee of the same company.
Even if everyone tries to remain fair, there can be unconscious pressure, personal relationships or workplace influence.
This is one reason the law provides for an external member.
The external member should not be treated as someone who is merely signing a document. The person has an actual role in the committee.
## How Long Can an Internal Committee Member Remain in the Committee?
The term of a member of the Internal Committee cannot exceed three years from the date of nomination.
This sounds simple, but it is surprisingly easy for businesses to forget.
A company may constitute its committee once, put the appointment letter in a file and forget about it for the next four or five years.
Then, when a complaint is received, everyone starts checking whether the committee is still properly constituted.
That is not a good way to manage compliance.
The employer should maintain the appointment date of each member and review the committee periodically.
## What Does the Internal Committee Actually Do?
The committee is not formed merely to display a name on a notice board.
Its responsibilities include receiving complaints of sexual harassment, conducting inquiries where required, maintaining confidentiality and making recommendations in accordance with the law.
In practical terms, the committee may have to:
Receive a written complaint.
Examine the complaint and relevant information.
Follow the prescribed inquiry procedure.
Give the concerned parties an opportunity to present their side.
Examine relevant documents and evidence.
Consider statements of witnesses where applicable.
Maintain confidentiality.
Prepare the inquiry findings.
Make appropriate recommendations as required.
This is why committee members should understand the process before they are required to handle a real complaint.
## Can the Employer Tell the Committee What Decision to Take?
No.
The employer constitutes the committee and is responsible for providing the required support and facilities.
But that does not mean management can decide the outcome of an inquiry.
Suppose a complaint is made against a person who is important to the organisation.
Perhaps he is a senior manager.
Perhaps he is responsible for major clients.
Perhaps he has been with the company for 15 years.
None of these things should decide whether the complaint is genuine or not.
The committee has to look at the facts, evidence and circumstances and follow the prescribed procedure.
A fair process protects both the complainant and the respondent.
## What If There Is No Suitable Senior Woman Employee?
This can become a practical issue in smaller organisations.
The law specifically provides for the Presiding Officer to be a senior woman employee.
Therefore, an employer should not simply appoint an unsuitable person just to complete the paperwork.
If your organisation does not have a suitable person, take proper professional or legal guidance on how the committee should be constituted in your particular situation.
The important thing is not to create a committee merely for the sake of having a document.
It should be a properly constituted committee.
## What Happens If the Organisation Has Fewer Than 10 Employees?
Another common misunderstanding is:
> "If we have fewer than 10 employees, POSH does not apply to us at all."
That is not the correct way to look at it.
Where an Internal Committee is not required because the establishment has fewer than 10 employees, complaints are dealt with through the Local Committee constituted by the appropriate District Officer, as provided under the POSH Act.
More importantly, even a small organisation should maintain a safe and respectful workplace.
The absence of an Internal Committee requirement does not mean that an employer can ignore inappropriate behaviour.
## Is a POSH Policy Enough?
No.
Having a POSH Policy is important, but keeping a policy document in a folder is not compliance by itself.
Think about it this way.
You may have a fire safety policy in your office. But if nobody knows where the fire extinguisher is or what to do during an emergency, the policy alone is not very useful.
The same principle applies here.
Employees should know about the policy.
Committee members should know their responsibilities.
The complaint mechanism should be clear.
And the organisation should be prepared to act if a complaint is received.
## Committee Members Should Be Trained
This is an area where employers should not try to save a few rupees.
A POSH complaint can be sensitive and complicated.
Committee members should understand:
The POSH Act and applicable rules.
Their responsibilities.
How to handle a complaint.
Confidentiality requirements.
Basic principles of a fair inquiry.
Documentation.
Relevant timelines.
How to deal with evidence and witnesses.
How to avoid personal bias.
A committee member who does not understand the process can unintentionally create problems for both the organisation and the people involved.
## Common Mistakes Employers Make
Let us look at some very practical mistakes.
### Mistake No. 1: Forming the Committee Only After a Complaint
The committee should already be in place where required.
Do not wait for a complaint before starting the process of forming it.
### Mistake No. 2: Ignoring the External Member
An external member is part of the statutory structure. Do not treat the requirement as optional.
### Mistake No. 3: Selecting Members Just for the Sake of It
Choose people who can actually handle a sensitive matter responsibly.
### Mistake No. 4: Forgetting the Three-Year Tenure
Keep track of appointment dates and review the committee when required.
### Mistake No. 5: No Training
Being a senior employee does not automatically make someone capable of conducting a POSH inquiry.
### Mistake No. 6: Discussing Complaints Casually
A POSH complaint is not office gossip.
Confidentiality is extremely important.
### Mistake No. 7: Management Trying to Influence the Outcome
The committee must be allowed to follow the prescribed process fairly.
## A Simple Internal Committee Checklist
If you are an employer, ask yourself these questions:
Do we have 10 or more employees?
Have we constituted the Internal Committee?
Is our Presiding Officer properly appointed?
Do we have the required employee members?
Have we appointed the External Member?
Are appointment letters available?
Are the members properly trained?
Are we tracking the three-year tenure?
Do employees know whom they can approach?
Is our POSH Policy available to employees?
Are awareness programmes being conducted?
Are records being maintained securely?
If you find that some answers are "No", do not panic.
Identify the gap and correct it.
Compliance is not about creating unnecessary fear. It is about putting the right system in place before a problem occurs.
## Can H.R.M.S. Help With POSH Compliance?
Yes, particularly on the administrative side.
For example, an H.R.M.S. can help an organisation maintain:
Internal Committee member details.
Appointment dates.
Tenure reminders.
External member details.
POSH Policy records.
Employee awareness training records.
Training attendance.
Compliance documentation.
Confidential case-related information with appropriate access controls.
Important timelines and reminders.
But one thing should be clearly understood.
Software cannot replace the Internal Committee.
Technology can help you organise the process and maintain records. The actual responsibility of handling a complaint fairly remains with the employer and the properly constituted committee.
## Final Thoughts
If your organisation has 10 or more employees and you have not yet reviewed your Internal Committee, this is a good time to do it.
Do not wait for a complaint.
Do not wait for an audit.
And definitely do not wait for a legal notice.
Check who is appointed, whether the committee is properly constituted, whether the members are trained and whether your employees know about the complaint mechanism.
A small amount of attention to compliance today can prevent a much bigger problem tomorrow.
At PaySimplified H.R.M.S. & Payroll Software, we believe that H.R. compliance should not become complicated simply because the organisation is growing. The objective of technology should be to make these responsibilities easier to manage, while keeping the human judgement and responsibility where they belong.
In our next POSH article, we will discuss one of the most sensitive parts of the entire process: How a POSH Complaint Is Filed and What Happens After the Complaint Is Received.