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THE PROCEDURE OF INTERNAL COMMITEE IN HANDLING POSH COMPLAINTS

Raddhika Singh
Raddhika Singh
  • May 4, 2023
  • 8 min to read
THE PROCEDURE OF INTERNAL COMMITEE IN HANDLING POSH COMPLAINTS Singh

Introduction

The protection of employees from any form of sexual harassment is an important part of any workplace. Therefore, employers must have a robust process for handling such complaints. This is where an Internal Committee for the Prevention of Sexual Harassment (ICPSH) comes in. The ICPSH is an internal body responsible for receiving, investigating and resolving complaints of sexual harassment in the workplace. This article looks at the procedure of an ICPSH in handling POSH complaints.

Definition of POSH

POSH stands for the Prevention of Sexual Harassment Act. It is a law in India that is meant to protect employees from any form of sexual harassment in the workplace. The POSH Act defines sexual harassment as any unwelcome physical, verbal, or non-verbal conduct of a sexual nature that has the purpose or effect of creating an intimidating, hostile, or offensive work environment.

Establishment of an Internal Committee

The POSH Act requires employers to establish an Internal Committee for the Prevention of Sexual Harassment (ICPSH). The ICPSH should be led by a Presiding Officer and should have other members including representatives from both the employer and employees. The ICPSH has the responsibility of receiving and investigating complaints of sexual harassment in the workplace.

Process for Receiving Complaints

The ICPSH must have a process for receiving complaints of sexual harassment. This process should be explained to all employees and be made available in multiple languages. It should include information on the process for filing a complaint, the timeframe for filing a complaint, the members of the ICPSH, and the contact information of the ICPSH.

Investigation of Complaints

Once a complaint has been received, the ICPSH must investigate it. This should be done in a timely manner and should include interviewing witnesses, gathering evidence, and taking statements. The ICPSH should also take into account any past incidents of sexual harassment when conducting the investigation.

Findings and Recommendations

Once the investigation is complete, the ICPSH should issue a report with their findings and recommendations. The report should include a detailed description of the complaint, the investigation process, and the evidence gathered. The report should also include any recommendations for disciplinary action or other measures that can be taken to prevent future incidents of sexual harassment.

Conclusion

The ICPSH is an important part of any workplace's efforts to protect employees from sexual harassment. The ICPSH is responsible for receiving, investigating, and resolving complaints of sexual harassment. The ICPSH must have a process for receiving complaints, investigating the complaint, and issuing a report with their findings and recommendations. By having a robust process for handling sexual harassment complaints, employers can ensure that their workplaces are safe and free from any form of harassment.

Raddhika Singh
Raddhika Singh

A first generation award winning lawyer with 16 years of experience, Ms Raddhika founded Aletheiaa Legal in August 2014. Having perused her Masters in IP Law from Kings College London, she specialises in protection, enforcement and commercialisation of Intellectual Property Rights; drafting, vetting and negotiating commercial agreements and advising on POSH Law. Raddhika was recently recognised as "India Rising Star 2022- 40 under 40" by Asian Legal Business.

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Sophie Asveld

February 14, 2019

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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