Role of External Members in POSH Act

Role of External Members in POSH Act



An external member mandated under the POSH Act is someone who does not belong to the organization, has to be empanelled in the ICC (Internal complaints Committee).

The member must be from an NGO or a social organisation that is committed to the cause of women and someone who has experience in dealing with cases related to sexual harassment. The external member can be a person with a legal background having knowledge and expertise in the matters of sexual harassment of women.

The external member is an essential part of any Internal Complaints Committee as they provide an unbiased, neutral perspective. They are not involved or aware of any Internal company politics and employee relationships, and thus base their opinions and findings on the presented facts and circumstances.

Being an external member that is generally unknown to the workforce gives complainants and witnesses a sense of ease when talking about harassment faced at the workplace. It alleviates the pressure of speaking to a person who is a constant presence at the workplace or has a predisposed bias towards or against the complainant. 

Therefore, it is important to choose an external member who understands the ways in which gender plays into the power dynamics at the workplace and is sensitive to the same. They should not possess any negative preconceived biases and they should also have no personal relationship with any person in the workforce so as to not pose a conflict of interest. 

External members are typically provided a term of 3 years by the company. Hence, in the event that an external member does not feel to be the right fit for the company, they can always be replaced with somebody that fits the empathetic, neutral and unbiased characteristics that they are expected to possess. The POSH Act also does not bar the company from reappointing the same external member for multiple terms, making it convenient for companies to maintain a member who upholds the good practices of the company. 

The role of External Members in POSH Act is crucial to the Committee. The major functions of the External Members to the IC are:

  1. Provide hand holding support in the functioning of the IC
  2. Assist the IC in conducting the Inquiry if/when there is a complaint.
  3. Record the minutes of the regular meetings.
  4. Prepare the content on the functioning of the IC in the Annual Report of the organisation.
  5. Assist the Employer in conducting awareness training for all the employees.
  6. Conduct Orientation programme for the members of the IC.
  7. Give appropriate advice as and when called for to the members of the IC and to any employee who has approached.
  8. Ensure total compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

 

  

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