Should Employers Include Three Employee-Members on Internal Committees for Workplace Harassment Cases?

Point-to-Ponder & Propose

"Should employers consider having three (3) employees of a workplace establishment as employee-members on one internal committee while constituting the internal committee when the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 specifies just three individuals from amongst employees of one workplace, including the presiding officer?"

Honorable internal committee presiding officers, employee-members, and the non-employee third-party member (external) are requested to share their insights and perspectives. Respectable human relations management practitioners, HR professionals, human-relations advisors, HR consultants, HR enablers, and HR guides are requested to share their experiences and perspectives and are welcome to respond.

Harsh K Sharan, XLRI Alumni Kritarth Consulting Pvt Ltd Team; www.kritarth.in [Email Removed For Privacy Reasons] 9th December 2022. Blogger Page Ref: https://holistichr.blogspot.com and https://holistic-hr.blogspot.com

**Location**: Delhi, India

sexual harassment, hr consultants, human relations, internal committee, Country-India, City-India-Delhi

Understanding the Composition of the Internal Committee

In the context of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, it is crucial for employers to adhere to the specified guidelines regarding the constitution of the Internal Committee. While the Act mandates the presence of three individuals from among employees, including the Presiding Officer, the question of whether all three should be employee-members or if a non-employee third party member should be included is worth considering.

Key Considerations for Composition

- [Icon] Legal Compliance: Ensure that the composition of the Internal Committee aligns with the provisions of the SHWW Act 2013 to avoid any legal implications.
- [Icon] Diverse Perspectives: Including employee-members from different levels and departments can provide a broader perspective on addressing harassment issues effectively.
- [Icon] External Expertise: Having a non-employee third party member, such as an external HR consultant or legal advisor, can bring impartiality and specialized knowledge to the committee.

Proposed Approach

1. [Icon] Employee-Members: Consider having at least two employee-members on the Internal Committee to represent the workforce and ensure their voices are heard.
2. [Icon] Non-Employee Member: Include a non-employee third party member to bring objectivity and expertise in handling sensitive harassment cases.
3. [Icon] Training: Provide comprehensive training to all committee members, including non-employee members, on the SHWW Act, investigation procedures, and maintaining confidentiality.

Final Thoughts

In conclusion, while the SHWW Act specifies the minimum requirement of three individuals from employees, employers may enhance the effectiveness of the Internal Committee by including a non-employee member. This balanced approach can promote fairness, expertise, and a thorough understanding of the legal framework in addressing workplace harassment issues.