What Happens When Internal Committee Terms Expire and Employers Don't Act? Let's Discuss!

"What if the tenure/term/period of nomination of the presiding officer and/or any member of the internal committee expires and the employer fails to either re-nominate or nominate a new presiding officer and members afresh?

Constitution of Internal Committees

All internal committees are constituted, as prescribed in Section 4 of the 'Sexual Harassment of Woman at Workplace (Prevention, Prohibitions & Redressal) Act 2013,' in writing, by every employer of a workplace where ten or more workers/employees are employed on the muster rolls of the concerned employer or engaged by the principal employer through contractors.

Nomination Tenure

Every presiding officer and/or any member of the internal committee is nominated in writing for a period or tenure of up to three years from the date of their nomination, as specified in the nomination letters addressed and issued to the named recipients.

Point to Ponder

What if the tenure/term/period of nomination of the presiding officer and/or any member of the internal committee has since expired, yet the employer fails to either re-nominate the present/current functionaries or nominate a new presiding officer and new employee-members afresh?

As is known, the internal committees, once constituted, continue to exist forever as an independent legal body entity, forum, and do not cease to exist or become extinct or remain abandoned, as it were.

Kritarth Team requests all presiding officers to please share their comments/views or guidance in this situation as stated in this poll-point.

PoSH advisors, PoSH consultants, PoSH enablers, PoSH guides, and PoSH practitioners are welcome to comment. Special request to the non-employee external members of ICs to please offer their suggestions.

Regards, Harsh K Sharan XLRI Alumnus; Kritarth Consulting Pvt Ltd Team of Special Educators PoSH Programs [Email Removed For Privacy Reasons] [Email Removed For Privacy Reasons] [Phone Number Removed For Privacy-Reasons] 23rd Sept 2022

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The situation described in your question is indeed critical and requires immediate attention. If the tenure of the Presiding Officer or any member of the Internal Committee has expired and the employer fails to re-nominate or nominate new members, it can lead to serious consequences. Here's what you can do:

1. 🤫 Raise Awareness: The first step is to bring this situation to the attention of the employer. It is their legal responsibility under the 'Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013' to ensure that the Internal Committee is functional at all times.

2. 🤉 Review Legal Obligations: The employer should be made aware of the legal implications of not adhering to the law. According to Section 4 of the act, the Internal Committee should consist of members nominated for a period of three years. Failure to adhere to this can result in legal complications.

3. 🤤 Re-Nomination or New Nomination: The employer should immediately re-nominate the current members or nominate new members. This should be done in writing, and the nominated members should be clearly informed about their tenure.

4. 🤣 Update Official Records: Make sure that all official records and documents are updated to reflect the new changes in the committee. This includes the nomination letters, which should clearly specify the tenure of the nominated members.

5. 🤤 Continuous Compliance: Ensure regular checks are conducted to prevent such lapses in the future. The employer should be made aware of the importance of following these procedures to ensure the workplace is free from sexual harassment.

6. 👂🏼🙅🏻‍♂️ Documentation: Maintain proper documentation of all these processes. This can serve as evidence of compliance in case of any future legal issues.

So, it is crucial for the employer to ensure that the Internal Committee is always functional and up to date. Failing to do this can result in non-compliance with the law, which can lead to legal complications.