According to the Prevention of Sexual Harassment (POSH) Act 2013, every organization with 10 or more employees must have an Internal Committee (IC) for handling all the issues and complaints related to workplace sexual harassment. Though many companies understand the need to form an IC, they are confused or do not have the right information about an External IC Member under the PoSH Act.
Most organizations will have the IC on paper, but do not actually have the required external member, which can result in an inappropriate formation of the IC. If the IC is not formed correctly, it can invalidate any inquiries and could lead to a violation of the PoSH Act.
Who can act as the external member of the IC? Why is the external member of the IC so important? How do organizations choose the appropriate external member? Let’s understand.
What Is an External IC Member Under PoSH Act?
An External member is an independent professional, a non-employee professional appointed to an organization as an external IC member.
Under section 4 (2C) of the PoSH Act, every Internal Committee must have one member & should meet below requirement.
The external member can be a member of NGO or a person who supports women’s causes, does social work or is a professional/lawyer familiar with sexual harassment and labour laws knowledge.
An External member cannot be an employee of the organization. He/she should not be associated with the top management of the company. e.g., Wife of Board Member, Mother of CEO
They are required to be a part of the Internal Committee to maintain the fairness and act as an unbiased person who follows the rules.
As per the law, the Internal committee is not complete without the external member.
Why Does Every Company Need an External Member in the Internal Committee?
We have a member in the Internal committee under the PoSH Act so that the inquiry process is fair and we can get expert advice.
1. Makes sure the process is fair
At times, people working in the company might have biases that they are aware of. When we have someone from outside the company helping us to be unbiased when the inquiries are being investigated.
2. Helps us to follow the law
If we do not have an external member, then the PoSH Act rules are not followed. This means the committee is not set up correctly, and someone might be able to challenge what we do in court.
3. Gets us expert knowledge
External members have a lot of experience with PoSH law and regulations, and they understand things like the following:
- The POSH law & their rules
- The principles of natural justice
- How to conduct an inquiry
- All the documents that need to be maintained
- How to keep things confidential
- Employees feel safe to speak up to outsiders
When employees know that there is someone who is not a part of the company and is helping with the inquiry process, they are more likely to report things that are bothering them. This is because the PoSH Act is about making sure employees feel safe to talk about their concerns, and having an external member helps the organization to do that.
Who Can Be an External Member of IC Under the PoSH Act?
This is one of the most common questions asked in POSH compliance.
According to PoSH Act, an external member may be:
- A committed individual to the cause of women OR
- Someone working with an NGO or organization working for women’s rights OR
- An individual who is well versed with the matters relating to workplace sexual Harassment OR
- An expert in the field or investigative knowledge.
- An external member may be a male or female; however, the majority of external members are females.
Examples of eligible external members:
- Certified POSH Consultants & Trainers
- Advocates practicing labor or employment laws
- Gender Diversity Experts
- Social Workers
- People from women’s rights- based NGO’s
- HR Professional with substantial knowledge of POSH
Who cannot be an External Member?
Companies may make mistakes in appointing an external member. These could include:
- Current employees from the company
- Suppliers with a conflict of interest
- Relatives of the management
- External consultants who lack a working knowledge
- Some are unfamiliar with the enquiry procedure
- Family members of the management
Just by filling up the posy to comply legal requirement would not fulfill the need as the member needs to be knowledgeable and independent.
What are the Responsibilities of an External IC Member?
An external IC member does far more than just attend the meetings.
Responsibilities of external IC member:
- Examining the complaints on its merit
- Advice on jurisdiction and maintainability
- Follows the timeline as under the POSH Act
During the inquiry proceedings
• Natural Justice to be observed
• Ensure procedural error does not occur
During report preparation
• Addition to the recommendations
During awareness and compliance activities
• Advising organization for their betterment
• Help in the policy review of the organizations
• Participation in the employee sensitization program
An experience external member plays a dual role of being both a check for the compliance and the strategic advisor.
What Happens If a Company Does Not Appoint an External Member?
If the external member is not appointed to the IC under PoSH Act, then the consequences can be:
1. Improper constitution of the IC – The committee itself may deemed incorrectly formed.
2. Inquiry can be challenged – The judiciary has reiterated multiple times that the IC rules and composition should be strictly adhere to the guidelines given under POSH. A wrongly constituted committee could nullify the entire inquiry process.
3. Penal action by regulatory bodies – Penalties (starting from Rs 50,000/- onwards) could be levied under POSH, including fines & image loss of the organization.
4. Loss of employee trust – If the employees are not assured of a non-biased response and resolution of complaints, they lose faith in the redressal process.
How to Find an External IC Member Under PoSH?
It is not easy for many organizations (especially small and mid-sized organizations) to find an appropriate and experienced external IC member.
While hiring an external member, look for:
• Relevant experience – The individual should have hands-on experience in conducting poSH inquiries, employee/IC training, inquiry reporting, workplace complaint handling in complex cases.
• Legal background – The external panel member must have adequate knowledge of labor laws and POSH jurisprudence.
• Objectivity and independence – The external member must not have conflicts of interest or bias, be able to take objective decisions.
• Availability – The external member must be available for the meetings, hearing, and on demand if any guidance is required on a need basis.
External Panel Member Services in Gujarat.
To manage all the risks, most organizations in Gujarat look for an external panel member Gujarat service provider to take professional support. A professional external panel member Gujarat service helps organizations:
• By being appointed as external IC member
• By providing advice on the constitution of committee
• By providing the support of quarterly meetings, inquiry support
• By conducting policy reviews, training of IC members, employee awareness sessions, thus helping to remain compliant throughout the year
Final Thoughts
In essence, an external IC member is more than a legal mandate under the PoSH Act. An external member is critical to fair, transparent and lawful workplace investigations. Choosing an unskilled external member could land an organization in legal or image crisis. Organizations must select qualified members, well-versed with the PoSH law, investigation procedures, and workplace sensitivities. An Internal Committee must not only satisfy legal requirements but also build the faith and organization culture.
Need an Experienced External IC Member?
Need a skilled External Panel Member in Gujarat or any part of India?
Shivani Madan Bose’s External Panel Membership Service allows organization access to skilled PoSH professionals for:
• Appointment as an External IC member
• IC constitution and compliance assessment
• Assistance in inquiry and guidance on reporting
• Quarterly IC meetings
• Employee awareness training programs
• IC capacity-building and training programs
Ensure your internal committee is legally sound, transparent and employee-friendly. Contact Shivani Madan Bose today!
If you are looking for an external member or PoSH consultant, pls contact info@proudhr.com or contact at 78744 62266 / 92270 75527