POSH External Member / Workshops
What is the POSH?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the ‘PoSH Act’ is an Indian law enacted with the objective of making workplaces safer for women by preventing, prohibiting and redressing acts of sexual harassment against them in the workplace. The law was made effective in the whole of India on December 9, 2013, by the Ministry for Women and Child Development.
What is ‘Sexual Harassment’ under the Act?
Section 2(n) of the Act defines sexual harassment to include the following unwelcome acts:
i. Physical contact and sexual advances.
ii. A demand or request for sexual favours.
iii. Making sexually coloured remarks.
iv. Showing pornography.
v. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
These acts may be considered unwelcome if the woman expresses her discomfort upon the commission of these acts, or does not consent to them. Additionally, the following circumstances may amount to sexual harassment if they are connected with any of the acts or behaviour mentioned above.
i. Implied or explicit promise of preferential treatment in employment.
ii. Implied or explicit threat of detrimental treatment in employment.
iii. Implied or explicit threat about present or future employment status.
iv. Interference with work or creating an intimidating or offensive or hostile work environment.
v. Humiliating treatment likely to affect health or safety.
Who is an “External Member” under POSH?
Every Internal Complaints Committee (ICC) shall consist of one external member from a non-governmental organization committed to the cause of women or any person associated with or is aware of issues relating to sexual harassment.
The external member of the ICC acts as a neutral, impartial and expert member of the ICC in order to facilitate and expedite inquiries and consequent actions. The external member has to be given appropriate fee and allowances to carry out his/her functions.
Eligibility to be an “External Member”
The member must be from an NGO or an organisation that is committed to the cause of women, who has experience in dealing with cases related to sexual harassment. It could also be a person with a legal background having some expertise in the matter.
Do not include a member if he/she has been convicted of an offence or an inquiry is pending against him/her or he/she is found guilty in disciplinary proceedings or a disciplinary proceeding is pending against him.
How to choose an “External Member”?
It requires serious consideration before engaging an outsider as a member of ICC under the provisions of POSH Laws. Be wary of their past legal record, if any. Choose someone who has had an experience in dealing with sexual harassment issues. Make sure that the member is neutral, unbiased and has expertise in the field. Contact us for conducting POSH Training for your business to keep you workplace POSH Compliant Do not include a member if he/she has been convicted of an offence or an inquiry is pending against him/her or he/she is found guilty in disciplinary proceedings or a disciplinary proceeding is pending against him.
Are you interested in:
- POSH Online Training?
- POSH Compliance?
- POSH Audit?
- Policy Vetting?
- IC Orientation?
- Awareness Workshop?