Can Employers Nominate a Presiding Officer When No Senior-Level Women Are Available?

The aforesaid provision reads, inter alia, as mentioned below:

- A workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Committee" as prescribed in Section-4 of the SHWW (P, P & R) Act 2013.
- If there are women employees but not employed at a senior level at the workplace, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (1). Provided further that in case the other offices or administrative units of the workplace do not have a senior-level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization.

Can employers nominate a Presiding Officer if there are women employees but not employed at a senior level at the workplace?

Honorable Readers, PoSH Advisors, PoSH Experts, and others are requested to guide on the matter:

- Harsh K Sharan, XLRI Alumni
- [Phone Number Removed For Privacy-Reasons]
- [Email Removed For Privacy Reasons]; [Email Removed For Privacy Reasons]; [Email Removed For Privacy Reasons]

For more details: - https://harshsharanconsultancy.business.site/; https://harshsharanconsultancy.com;

5th January 2023

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**Location**: Delhi, India

women employees, internal committee, Country-India, City-India-Delhi,

Employers can nominate a Presiding Officer even if there are women employees but not employed at a senior level at the workplace. According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, if there are women employees but not at a senior level, the Presiding Officer can be nominated from other offices or administrative units within the same workplace. If no senior-level woman employee is available in these units, the Presiding Officer can be nominated from any other workplace of the same employer or another department/organization. This provision ensures that the Internal Committee is effectively constituted to address and resolve any issues related to sexual harassment at the workplace. It is essential for employers to adhere to these guidelines to promote a safe and inclusive work environment for all employees.