Do Companies with PAN India Presence Need State-wise POSH ICC Committees? Seeking Clarity

Please help me understand whether a company with a PAN India presence is required to form state-wise POSH ICC Committees along with its central POSH ICC Committee. If yes, please provide any correspondence references.

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

POSH Internal Complaints Committee

POSH Internal Complaints Committee need not be decentralized state-wise. Your organization may choose to maintain a central policy, with all branches, satellite offices, and annexes governed under this centrally maintained policy.

Decentralized policy is not a cost-effective or 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 establish centrally maintained policies with guidance rolled out to all branches and offices to ensure compliance. All complaints under POSH should be handled by an ICC governed from your headquarters, with representative members from the concerned offices and branches.

Thank you.

Dear Chaitali, I would like to agree with Ms. Lekha that you can have only one centralized ICC for handling cases even if you have PAN India operations. Please ensure that the ICC details and complaint channel information are made available to all your employees. Frame a policy and communicate it well to all the employees.

Steps to Enhance Awareness

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

All other processes you can follow as per the guidelines provided by the Government. If you need a sample policy document, you can message me.

Dear CiteHR member, Ms. Chaitali,

Greetings! I would slightly differ from the comments of Ms. P. Lekha Jacob. You have written that your company has a PAN India presence, which is different from PAN India operations. PAN India presence indicates that you have branch/administrative offices in almost all states of India. If this is the case, as you have mentioned, please note the following:

1. Section 4(1) of the SHWW (PPR) Act 2013 states that when offices or administrative units are located at different places, the IC (Internal Committee) should be constituted at all administrative units/offices. Additionally, you need to establish a POSH Committee, i.e., IC for the Head Office separately.

2. A company must have only one POSH Policy for all its offices, which must comply with the provisions of the SHWW (PPR) Act 2013.

3. Every IC must include an independent non-official member as outlined in Section 4(2)(c) of the Act. This member can be from an NGO/Association or a person knowledgeable about issues related to sexual harassment. Therefore, it is not mandatory to always seek an NGO member. Some NGO members may try to dominate the IC, which goes against the spirit of the Act and Rules. The role of the NGO Member is to oversee the IC proceedings and ensure that no unfair treatment or pressure is exerted on either party, i.e., the aggrieved woman or the respondent man.

Ms. Sudha's comments regarding raising awareness about the Act and IC among employees can be addressed separately.

I hope this clarifies the concept of POSH committees and the roles of members.

With due regards to Ms. P. Lekha Jacob and Ms. Sudha, and best wishes,

Chandra Mani Lal Srivastava
Master Consultant
[Phone Number Removed For Privacy-Reasons]
POSH Committee Member & Subject Expert
[Email Removed For Privacy Reasons]
New Delhi
19.01.2022/9:26 pm

Importance of Local POSH Committees

You need to have a POSH committee in every office, factory, etc., where you operate. You cannot have a single committee at the Head Office 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 in writing. This is also why the committee meets regularly (for accessibility) and why the government insists on having local female members on the committee.