POSH

GUIDELINES
FOR IC
COMMITTEE
 PREVENTION OF SEXUAL
HARASSMENT
POSH

It’s a legal requirement to prevent, prohibit and address the

issue of sexual harassment at “Workplace”.
PREAMBLE OF THE ACT

An Act to provide protection against sexual

harassment of women at workplace and for the
prevention and redressal of complaints of sexual
harassment and for matters connected therewith
or incidental thereto.
APPLICABILITY

• Extends to whole of India.

• Also to countries when the undertaking country
and management is in India.
• Every organisation with 10 or more than 10
employees.
WORKPLACE
• Organized and Unorganized sector
• Government Organization
• Private Organization
• Client Meetings
• Training sessions
• Travel for official purposes
• Transportation provided by employer
• Hospital
• Any place where one visits in the course of employment
WHO IS AN
“EMPLOYEE”?
Regular, temporary, ad hoc
• Regular employees

• Temporary Directly/through an agent/contractor

EMPLOYEE

• Ad hoc
Directly/through an
• Directly through an agent
agent/contractor
Directly/through
• Directly through an agent/contractor
a contract
Directly/through an
agent/contractor
WHO IS THE “EMPLOYER” ?
Emplo
yer
EMPLOYER

Manageme Supervision Control

nt

SUPERVISION MANGEMENT CONTROLLER

Person discharging contractual
obligations
with respect to the employees
RESPONSIBLE
CONTRACTUAL FOR
Person/board/committee
OBLIGATION
responsible
FORMATION OF
for
formulation of policies POLICIES
AGGRIEVED WOMAN
All women working or visiting any workplace
•Regular employee
•Temporary employee
•Ad hoc (when necessary)
•Daily wages
Engaged directly or indirectly (contractor).
Working for remuneration, voluntary or otherwise.
Terms of employment may be express or implied.
Could be a co-worker, contract worker, probationer, trainee,
apprentice, visitor.
Also covers woman working in dwelling place or house.
SEXUAL HARASSMENT

Sexual Harassment includes any one or more of the following

unwelcome acts or behavior namely:
physical contact and advances or
a demand or request for sexual favour
sexually colored remarks or
showing pornography or
other offensive or derogatory pictures, cartoons or
any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.
TYPES OF SEXUAL
HARASSMENT

• Quid Pro Quo(something for something)

• Hostile Work Environment
SEC 3(2) OF THE ACT
Following acts when in relation to behaviour of Sexual
Harassment may amount to sexual harassment
(i) implied or explicit promise of preferential treatment in her
employment or
(ii) implied or explicit threat of detrimental treatment in her
employment or
(iii) implied or explicit threat about her present or future
employment status or
(iv) interference with her work or creating an intimidating or
offensive or hostile work environment for her or
(v) Humiliating treatment likely to affect her mind, health or
safety.
WHAT ABOUT ME ?

WHAT ABOUT ME ?
PURPOSE - INTERNAL
COMMITTEE
It is intended to serve two purpose:
• To redress (investigate) the grievances of women employees.
• To send a clear signal to all the employees that complaints of sexual
assaults would be viewed seriously by the company and will be
enquired in.
• To by a Committee especially constituted for the purpose, with the
participation of outsider.
In other words it is to serve both as preventive and punitive and
also to avoid series of expensive litigation including civil and
criminal.
 INTERNAL COMPLAINTS
COMMITTEE
o Mandatory for establishments employing 10 or more employees
o 50% shall always be women
o Chairman/Presiding officer : Woman working at senior level as
employee;
o Minimum 2 members : From amongst the employees committed to
the cause of women
o External Member: From amongst NGO/ associations committed to
the cause of women or a person familiar with the issue of sexual
harassment
ORGANIZATIONAL OBLIGATIONS
Notices to be displayed at :-
• Reception
• Cafeteria
• Washrooms
• Employee Area
• Company owned/leased cabs
POSTERS & EMPLOYEE
TRAINING
The poster content should cover:-
Organizational stance on sexual harassment
Points of complaint registration
Q & A point (dedicated email)
IC Member list and contact details
It is mandatory to conduct awareness programs for ALL
employees of the company
 EMPLOYEE CONTRACT

I. Sexual Harassment is a Discriminatory Act.

II. This may/should be included in all employee contracts
to ensure employee obligation to abide by the
organization’s stance on Sexual Harassment.
ROLE OF
MANAGEMENT

• No interference in IC activities and investigations.

• Responsibility and obliged to implement the decision of the
IC.
• Can take charge when a biased IC is reported.
 IC MEMBER TRAINING
• Mandatory
• Knowledge of procedural and behavioural practices
• Documentation
• Timelines
• Technical Procedures
REMOVAL AND FILLING
VACANCY
• Contravenes the provision of section 16 (fails to maintain
confidentiality)
• Convicted for an offences or an inquiry in to an offence
under any law for time being in force is pending against the
member.
• Found guilty in any disciplinary proceeding or disciplinary
proceeding is pending against such member.
• Abused his position as to render his continuation in office is
prejudicial to the public interest.
• Such member or presiding office shall be remove and
position may be filled by fresh nomination as per section 4.
TERM OF INTERNAL
COMMITTEE

3 years from the date of their nomination as

specified by the internal policy
CONDUCTING ENQUIRY

•For conducting enquiry, a minimum of three members of the IC

including presiding officer or the chairperson is required.
• Conflict of interest: If the complaint is filed against one of the
committee member or such member is likely to be a witness in
proceeding, he shall not be part the IC.
• “Nemo judes in cause sua” i.e. no man can be the judge of his
own case.
• The Inquiry Officer should not be a complainant or a witness of
the alleged misconduct.
WHO CAN FILE A
COMPLAINT

• Any aggrieved woman.

• Within 3 months from the date of incident and in
case of series of incidents, within a period of three
months from the date of last incident.
CONCILIATION
• The IC may , before initiating an inquiry and at the request of
the aggrieved take steps to settle the matter between her
and the respondent through conciliation.
• No monetary settlement in conciliation.
• If settlement is arrived in Conciliation, the Internal
Committee shall record the settlement and forward the same
to the employer to take action as specified in the
recommendation.
• Copies of settlement to be provided to aggrieved and
respondent.
• No further inquiry needs to be conducted.
CONCILIATION

Initiate conciliation process in the form of

Verbal warning
Counseling
Educating
Appoint neutral conciliator to resolve
Forward the findings/ conciliation resolution to employer
The choice for conciliation is of the complainant
 INTERIM MEASURES

The ICC may recommend:

1. Restrain the respondent from reporting on work performance of the
Aggrieved
2. Writing her Confidential Report, appraisal
3. Supervising her job related activities
4. Transfer the Aggrieved or Respondent
5. Place Aggrieved or Respondent on Leave
6. Work from home
COMPLAINT
PROCEDURE
•Any complaint received by the members should be immediately
forwarded to the Presiding Officer, and this must be notified to other
committee members at the earliest and not later than 3 days and a
meeting should be called for discussing the matter.
•The aggrieved/complainant shall submit to IC, six copies of the complaint
along with supporting documents, names and addresses of the
witnesses.
•The IC shall send one copy of the complaint, to the respondent, within a
period of seven working days.
•The respondent shall file his reply to the complaint along with his list of
documents, names and addresses of witnesses, within ten working days
from the date of receipt of the copy of complaint.
INQUIRY INTO
COMPLAINT
•The Internal Committee shall, make inquiry into the complaint. Examine
the incident reported and form a prima facie opinion as to whether it
amounts to misconduct – sort of a preliminary inquiry.
•IC shall decide the date, time and venue of the enquiry and Intimate the
Aggrieved/Complainant, Respondent and witnesses about the same.
•Record the minutes of the meeting and ensure that all the concerned
have signed the minutes.
•Inquiry Committee is vested with the powers of Civil Court under CPC
(Civil Procedure Code 1908) to enforce the attendance of the witnesses.
•The Complaints Committee shall make inquiry into the complaint in
accordance with the principles of natural justice.
•Enquiry shall be completed within a period of 90 days.
PROCEDURE OF
INQUIRY
The IC shall have the right to terminate the inquiry proceedings or
to give an ex parte (in the interest of one side only) decision on
the complaint, if the aggrieved/complainant or respondent fails,
without sufficient cause, to present herself or himself for three
consecutive hearings convened by the Chairperson.
Termination of inquiry or ex-parte Order may not be passed
without giving a notice in writing, 15 days in advance to the
parties concerned.
The Parties shall not be allowed to bring in any legal practitioner
to represent them in the case at any stage of the proceedings
before the IC.
Quorum - minimum of three Members of the Internal Committee
including the Chairperson, shall be present.
INQUIRY REPORT
On completion of an inquiry, the Internal Committee shall
provide a report of its findings to the employer, within a period
of ten days from the date of completion of the inquiry
Report to be made available to the concerned parties.
FINDINGS

• NOT GUILTY – Recommend no action against the Accused

• MALICIOUS COMPLAINT - Recommend Action against aggrieved

employee

• GUILTY – Recommend punishment as per Service Rules

INQUIRY REPORT-
RECOMMENDATIONS

If the allegations are proved, IC to recommend to the

employer:
• To take action for sexual harassment as a misconduct in
accordance with the provisions of the service rules.
• To deduct, from the salary/wages, of the respondent
such sum as it may consider appropriate to be paid to the
aggrieved or to her legal heirs.
• All medical expenses incurred (if any).
DETERMINATION OF
COMPENSATION
For the purpose of determining the sums to be paid to the aggrieved,
the IC shall take in to consideration :
• The mental trauma, pain, suffering and emotional distress caused to the
aggrieved woman.
• The loss in the career opportunity due to the incident of sexual
harassment.
• Medical expenses incurred by the victim or physical or psychiatric
treatment.
• The income and financial status of the respondent.
• Feasibility of such payment in lump sum or in instalments.
ROLE AND
RESPONSIBILITIES OF IC
1. THE role of the I
fair,
prompt and
impartial enquiry .
2.Evaluate the complaint
- Three types of Complaints
• Real Complaints
• Misunderstood complaints
• Motivated or intentional complaint
3.Before initiating conciliation assess the severity of the situation to enable the
complainant to opt for continuation of the complaint.
ROLE AND RESPONSIBITY OF
IC
4 During the enquiry assure confidentiality, non-retaliation and
recommend interim measure as needed to conduct fair enquiry
5 Review the Complaint – :
• Whether the complaint is file within 3 month from the date of alleged
incident. If No – any explanation for the delay.
• Whether the incident alleged is related to or have connection to the
workplace
• Whether the behaviour complained of is fitting the definition of SH
(Sexual Harassment)
• Whether such behaviour is directed at the complainant.
• Any additional information needed from the Complainant.
ROLE AND RESPONSIBILITY
OF IC
• IC cannot function like a criminal court. All sexual crimes are committed
in private. There may not be any eyewitnesses. The Committee is
required to analyse the case on the principle of preponderance of
probabilities.
• It is difficult for a woman to talk about anything sexual. Hence there can
be long time interval between the harassment and the actual complaint.
• Handle complaints in a confidential manner and within a time-bound
framework .
• Understand that there are two types of case. One is misunderstood cases
and intentional/motivated cases. Misunderstood cases can be sorted out
by talking to them.
ROLE AND RESPONSIBITY OF
IC
• Be thoroughly prepared.
• Be unbiased and through professional.
• Know the Act, Policy and/or relevant Service Rules.
• Gather and record all relevant information.
• Determine the main issues in the complaint.
• Prepare for and conduct relevant interview questions.
• Ensure parties are made aware of the process and rights/responsibilities
within it.
• Analyse information gathered.
• Prepare the report with findings/recommendations.
ROLE AND RESPONSIBILITY
OF IC

• Don’t have pre-determined notions of how a victim or accused should

look or behave.
• Do not allow your personal knowledge about the complainant or the
respondent play a roll in the proceeding.
• Encourage the aggrieved to note details of each incident of harassment
and monitor any changes in work patterns or attitude on the part of
alleged harasser so as to avoid, as far as possible, attempts at
victimisation or accusations of poor performance etc.
• Make discreet enquiries as to whether other employees have
experienced similar problems. If yes, ask them details of any harassment,
which occurred.
 ROLE AND RESPONSIBILITY
OF IC

• Always document the result of POSH complaint and investigation.

• Document the corrective action suggested to the employer.
• Follow up on the corrective actions suggested.
• The choice of a formal process rests with the aggrieved even if the
IC believes that this can be resolved through an informal process.
• Record the minutes of the meeting and take signature of all
concerned.
• Maintain clear, timely communication with the parties throughout
the process.
CONFIDENTIALITY

According in the Right To Information Act, 2005, following

cannot be communicated or made known to public, press or
media :
• Identity and address of the aggrieved , respondent or
witnesses
• Any information relating to conciliation and inquiry
proceedings, recommendations of the internal committee
• Action taken by the employer
• There is a penalty for the person entrusted with the duty to
handle or deal with the complaint, inquiry, recommendations
or actions for the publication or making known the contents
of complaint and inquiry proceedings.
POWER OF THE IC

IC has the powers as are vested in civil court under the Code
of Civil Procedure, 1908 when trying a complaint, namely :
A. Summoning and enforcing the attendance of any person
and examining him on oath
B. Requiring the discovery and production of documents
C. Any other matter which may be prescribed
Even Arbitrator under the Arbitration Act does not have this
power.
FILING OF ANNUAL REPORT
The Act mandates submission of an Annual Report by the IC
to the employer and District Officer.
The District Officer will forward a brief report on the annual
reports to the appropriate State Government.
Such reports must include the following information:
1. No. of complaints received;
2. No. of complaints disposed of;
3. No. of cases pending for more than 90 days;
4. No. of workshops/awareness programmes carried out
5. Nature of action taken by the employer

The Report of IC will be forwarded to the DO through the

employer by Registered Post
NON COMPLIANCE
CONSEQUENCE
Penalty of INR 50,000/- , where the employer:-
•Fails to constitute an IC
•Fails to act on the recommendation of the IC
•Fails to file Annual report
•Contravenes or abets the contravention of the provisions of
the Act
In the event of repeat of a breach
•Twice or higher the punishment prescribed
•Cancellation/ withdrawal/ non renewal of license/
registration for carrying out the business
STEPS FOR HANDLING
COMPLAINTS

• Take the complaint

• Interview the alleged harasser
• Initiate the investigation
• Take the appropriate action, if necessary
TIMELINE RECAP
ACTION TIMELINE
Submission Of Complaint By Aggrieved Within 3 Months Of The Last Incident

Intimation To Presiding Officer And Other Immediately Or Not Later Than 3 Days
Members
Notice To Respondent Within 7 Days Of Receiving 6 Copies of the
Complaint
Respondent to respond Within 10 days

Completion Of Inquiry Within 90 Days of the Complaint

Submission Of Report By IC to Employer Within 10 Days Of Completion Of Inquiry

Implementation Of Recommendations Within 60 days

Appeal Within 90 days of the recommendations
APPEAL PROVISIONS

A person aggrieved by the orders of the IC or in the

case of non-implementation of the orders may file
an Appeal with appropriate authority
Either party can chose to seek justice through the
regular court of justice
 QUESTIONS TO ASK THE
AGGRIEVED

1) Where did the behavior occur?

2) Who was involved?
3) Were there any witnesses?
4) Did you talk to anybody else about what happened?
5) Has this happened before?
6) How long has this been going on?
7) Was the person told that the behavior was unwelcome?
QUESTIONS NOT TO
ASK AGGRIEVED
Avoid “why” questions such as, “Why didn’t you do something about
this before?”
Don’t ask leading questions such as, “Would you want to continue
working here if the behavior continues?”
Avoid asking multiple choice questions such as, “Did he touch you on
your arm, the shoulder, or the face?” Instead ask, “Where did he
touch you?”
POINTS WHEN TALKING TO
THE RESPONDEDNT
• Describe the circumstances surrounding the complaint.
• Be serious and to the point.
• Be unbiased.
• Stay on the topic.
• Ask the person to respond to each allegation separately.
• Tell the respondent that the behaviour must stop.
• Document the meeting.
• Take appropriate action based on your findings.
• Follow up with the person who filed the complaint.
WHEN TALKING TO
WITNESSES
• Do not initially identify the aggrieved or alleged
respondent.
• Describe the situation and circumstances of the alleged
harassment.
• Focus of the witnesses observations.
• Talk in private.
ELIMINATE SEXUAL
HARASSMENT
Review your behaviour and that of others for evidence of illegal or
impermissible conduct.
When such behavior is identified ask these questions:
• Is the appropriate conduct or behavior in the workplace?
• Is it legal (in accordance with the law)?
• Is it permissible (in line with regulations)?
• Is it proper (defensible by general standards)?
• Could the behavior in any way be seen as discriminatory?
• Could the behavior have a disruptive effect upon an employee or organizational
unit?