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Get Training, Certification, and Support for POSH Committee formation

Make your workplace safer, better and respectful. Obtain the mandatory POSH Committee Certification in India through E-StartupIndia’s Experts. Our experts can help you understand POSH compliances, provide training, form a posh committee, hire independent members along with POSH Certification. Call Experts 8881-069-069

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Overview

The Internal Committe or POSH Committe handles sexual harassment cases at work. POSH Committee is based on the 2013 law that prevents and deals with sexual harassment at a workplace.

What is the POSH Committee?

POSH Committee(Prevention of Sexual Harassment) is team of members in a workplace to handle the complains of sexual harrassment. The main duties of POSH Committee are:

- Investigate Complaints

- Provide a safe platform so that victims can raise their concerns

- Recommend actions to prevent and address sexual harassment

- Ensure a safe workplace for each and every employee in an organization.

Importance of POSH Committee for your Organization

It is mandatory to have a POSH Committee for an organization the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, in India. However, forming a POSH Committee and having POSH Certification isn’t only meant to comply with law only. It also helps in protecting the organization from legal repercussions and liabilities.

Having a POSH Committee for your Organization also fosters a culture of respect and dignity. As a result, it also boosts employee morale and productivity.

When is it mandatory to form a POSH Committee?

It is mandatory to form a POSH Committee having 10 or more employees. It is mandatory for every kind of organization including public and private sector organizations, NGOs, educational institutions, hospitals and any other type of workplace.

How many POSH Committee Members should be there?

The minimum number the POSH Committee must have is four. Furthermore, it must have the following members to form a POSH Committee:

# Presiding Officer: A woman must be a presiding officer employed at a senior level at the workplace.

# Employee Members: Two or more members having experience in social work or have legal knowledge. The employee members represent different categories of employees and can include both genders,

# External Members: At least one external member from a non-governmental organization or association committed to the cause of women. External member can also be a person familiar with issues relating to sexual harassment.

Eligibility Requirements for POSH Committee Certification

#1. Training: All the POSH Committe members must get training on handling sexual harassment complaints. POSH Training Certification is required and it involves legal aspects and inquiry procedures.

#2. Relevant Experience: All the members in the POSH Committee must have relevant experience in fields like social work, law, or human resources in the domain of gender issues.

#3. Impartiality: All POSH Committee members must commit to act impartially and without conflicts of interest.

#4. 50% Women Members: The POSH Committee should have at least 50% women members.

#5. External Member: At least one member should be from outside the organization, often from an NGO or legal background.

Penalties for Non-Compliance under POSH Committee Compliance

As per POSH Act, a fine of up to Rs. 50,000 is imposed if an organization fails to establish an Internal Committee (IC) or does not comply with other provisions of the POSH Act. This fine can also be doubled for repeated offense. It is important to note that it can also lead to cancellation of the organization's business license.

How to form a POSH Committee?

To form a POSH Committee and get the valuable POSH Certification, you should meet the eligibility requirements. Additionally, the committee must include at least one member from a non-governmental organization or an association dedicated to the cause of women. You need to follow all the POSH Guidelines, train the members and then apply for the POSH Certification through online application procedure.

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Role of the External Member in POSH Committee

#1. Assist the organization in complying with the POSH guidelines.

#2. Raise awareness among employees about the Act.

#3. Answer queries from employees and POSH Committee members regarding the Act's implementation at the workplace.

#4. Overseethe inquiry proceedings of sexual harassment complaints to ensure fairness and adherence to the principles of natural justice.

#5. Document the minutes of the POSH Committee meetings and the inquiry proceedings.

#6. Helping POSH Committee members compile the Annual Report.

Documentation Requirements to form the POSH Committee

#1. Formation Order

#2. Committee Charter or Guidelines

#3. Appointment Letters

#4. External Member Agreement

How to obtain POSH Committee Certification?

#1. Consult with E-StartupIndia’s team of legal and HR experts to understand the requirements and process for POSH Committee certification.

#2. Our experts having POSH Trainer certification help you undergo required training.

#3. You get assistance to prepare all the required documents from our team.

#4. Our experienced POSH Committee Certification experts file your application on your behalf and help you in appointing external members.

#5. Once the review process is completed and compliance is verified, you will receive your POSH Training Certificate.

Training Programs under POSH Certification

To receive the POSH Certification, you will need to train your POSH Committee. The POSH Committee will have to go through the following POSH Training Programs:

#1. Sexual Harassment Awareness: Educating employees about what sexual harassment means.

#2. POSH Certification: Certifying POSH Committee members on the legal and procedural aspects.

#3. Filing of Complaint: Training on how to properly lodge a complaint.

#4. Employee Awareness Sessions: Regular educational sessions for all staff.

#5. IC Training: Specialized training for Internal Committee members.

#6. Management Training: Preparing managers to handle sexual harassment issues.

#7. Policy Formulation: Developing or updating sexual harassment policies.

#8. Preventive Measures: Implementing strategies to prevent harassment.

#9. Train the Trainer Program: Equipping employees to conduct in-house training.

#10. Workshops: Conducting interactive sessions to apply learning practically.

What is the POSH Committee Report Format?

To remain POSH Compliant, the POSH Committee has to file an annual report. Employers have to submit the POSH Committee report to the District Officer within a specified timeframe. This usually means within the first month (January) of the end of the calendar year.

The POSH Committee Report Format includes:

#1. Introduction

#2. Number of Complaints

#3. Actions Taken

#4. Awareness and Training Programs

#5. Preventive Measures

#6. Submission Details

#7. Compliance and Future Plans

Essential POSH Committee Members Rules to Follow

#1. Members of the POSH Committee serve for a term of three years.

#2. All POSH Committee Members must get POSH Training.

#3. Members must strictly maintain confidentiality throughout the handling of a case or complaint.

#4. Members are responsible for documentation of all complaints, investigations, and resolutions and they must submit the annual POSH Committee Report.

Why choose E-StartupIndia for registering the POSH Committee?

E-StartupIndia is India’s most reliable and best service provider in legal, compliances, accounting, taxation and much more. We have a team of experienced professionals who can guide you in POSH Committee formation, POSH Certification, follow compliances etc. With us, you don’t have to worry about anything. We have more than 1 lakh happy clients and we have teams from diverse backgrounds to take care of all your legal needs. We all believe in turning dreams into reality. So, you can pursue your dreams of making a business successful with us. We will ensure all your queries related to POSH Committee are solved promptly and you get the necessary assistance for POSH Certification without any hassle.

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frequently asked questions

The POSH Committee should hold meetings at least once per quarter. The number of meetings might increase based on the number of complaints received and the need for awareness sessions or training.

HR should maintain documents including the sexual harassment policy, annual reports, records of complaints and investigations, resolutions of the complaints, and any training materials used.

Organizations can make employees aware about POSH guidelines through regular training sessions, informative posters around the workplace, inclusion of POSH policies in the employee handbook, and email communications outlining the guidelines and resources.

 

The full form of POSH is the Prevention of Sexual Harassment.

 

 Upon receiving a POSH complaint, the organization should ensure confidentiality, initiate an impartial investigation by the POSH Committee, provide support to the complainant, and take appropriate actions based on the findings of the investigation.

 Yes, a complaint can be filed anonymously under POSH guidelines. However, it may impact the committee's ability to investigate the complaint thoroughly if limited information is available.

The responsibilities of a POSH committee include receiving and investigating complaints, maintaining confidentiality, ensuring fairness and impartiality during investigations, providing recommendations for resolutions, and conducting awareness and training sessions.

 

The duration for POSH certification can vary depending on the size of the organization and the effectiveness of the existing policies. Typically, it can take a few weeks to a few months to complete the process, including training sessions and policy implementation.

POSH compliance is mandatory for all organizations in India, irrespective of the industry, if they have more than 10 employees.

False accusations under POSH are taken seriously and can lead to disciplinary action against the accuser if found to be made maliciously or with a knowledge of their falsity. This is to maintain the integrity of the POSH framework.

 

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