Hello Seniors, Please help me to understand whether the company which has PAN India's existence is required to form state-wise POSH ICC Committee along with its central POSH ICC Committee? If yes then, please provide correspondence reference if any.
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Srivastavacmlal
Master Consultant
P-lekha-jacobs
Senior Hr Consultant
Sudhapradheep
Sr. Executive-hr

Chaitali - the answer is a simple no. Country-wide operations is not a requirement for framing and understanding of such policies. I have worked on a dozen clients for the formation and implementation of such policies.

POSH Internal Complaints Committee need not be de-centralized state-wise. Your Organization may choose to keep a central policy and all the branches, satellite offices, annexes may be governed under this centrally maintained policy.

De-centralized policy is not a cost-effective and an efficient way to implement and operate it. It will bring disharmony to the Company's objectives and the compliance requirements would not be uniform.

Practical advice - please form centrally maintained policies with guidance rolled out to all the branches and offices to follow the suit. All the complaints under POSH should be handled by an ICC governed from your Headquarters and representative members from the concerned office and branch.

Thank you.

From India, Delhi
Dear Chaitali,

I would like agree with Ms.Lekha, you can have only one centralised ICC, for handling cases even if you have PAN India operations.

Please ensure that the ICC details, Complaint channel information is made available to all your employees. Frame policy and communicate it well to all the employees.

1. You can place posters in all your work locations
2. Conduct and documents awareness programs at regular intervals.

All other processes you can very well follow as per guidelines provided by Government.

If you need sample policy document you can message me.

From India, Mettupalayam
Dear CiteHR member Ms Chaitali,

Greetings!

I would slightly differ from the comments of Ms P. Lekha Jacob. You have written your company has PAN India existence, so it is different from PAN India operations. PAN India existence denotes that you have branch/administrative offices almost in all the states of India. If it is so, as you have written, then please note the following:

1. Section 4(1) of the SHWW (PPR) Act 2013 lays down that where the offices or administrative units are located at different places, the IC (Internal Committee) shall be constituted at all administrative units/offices. In addition to this you have to constitute a POSH Committee i.e. IC for the Head Office separately.

2. A company has to have only one POSH Policy for all its offices which is compliant to the provisions of SHWW (PPR) Act 2013.

3. Every IC must have an independent non-official member as provided in Section 4(2)(c) of the Act. Such a member can be from an NGO/Association or a person familiar with the issues related to sexual harassment. Thus it is not necessary that you should always look for a NGO member. Some NGO members attempt to rule the IC which is not in accordance with the spirit of the Act and Rules. The Role of NGO Member is to oversee the proceedings of IC and ensure that no unfair treatment or pressure is exercised on either party i.e. the aggrieved woman the the respondent man.

Comments of Ms Sudha are about creating awareness about the Act and IC among the employees which can be taken up separately.

Hope this will help you understand more clearly the concept of POSH committees and roles of members.

With due regards to Ms P. Lekha Jacob and Ms Sudha and with all good wishes,

Chandra Mani Lal Srivastava
Master Consultant 931551603
POSH Committee Member & Subject Expert

New Delhi
19.01.2022/9:26 pm

From India, New Delhi
You need to have a POSH committee in every office, factory, etc where you operate.
You can not have a single committee at HO and ask everyone to deal with it.
The workers must have a local contact to whom they can talk as they will not always be willing to put things on mail. Which is also why the committee meets regularly (for accessibility) and why the government insists on local female members to be on the committee.

From India, Mumbai

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