PoSH Updates: Expanded powers of the IC under the PoSH Act

The workplace environment is changing each day and Sexual Harassment at Workplace (Prevention, Prohibition, Redressal) Act, 2013, or PoSH Act, plays a huge role in keeping it safe and secure. The Delhi HC reiterated the power of the PoSH Committee in case the accused is employed in another organization.

It is crucial for HR leaders to know about this update as they will be responsible for relevant changes in the law’s implementation in their organization.

Get in touch with us for your POSH Compliance

Facts and judgment of the case 

In this case, a woman employee filed a PoSH complaint against an employee of another department with her organization’s Internal Committee (IC). The jurisdiction of the IC was questioned by the respondent. However, Delhi HC dismissed the respondent’s plea and expanded the scope and power of IC. Thereafter, the aggrieved woman was allowed to file a complaint with the IC of her organization. 

What has changed?

Earlier, to file a complaint against the employee of another department or organization, the complainant had to go to the respondent’s IC. This was an incoherent and very ineffective practice. Now, this case has brought about a few changes in the scope and powers of the IC which are listed below:

• IC has the power to deal with complaints against employees belonging to another organization
• Complainants can now file such complaints with their IC
• Complainants have the reassurance that their IC is investigating such complaint

Also read: PoSH Act Updates: SC issues directions for effective PoSH implementation

How does it impact the HRs and the Founders of the organization?

This update in the law brings about expanded jurisdiction of an organization’s IC. Effective implementation of this update falls upon the HRs and the Founders of the organization. Here are three ways in which it can be navigated in the organizations:

1. Employee Awareness:

For effective execution of POSH compliances, the first and foremost thing is to enable the employees to report such incidents. Employees will have to be made aware of this update so that they know the ambit of their rights. This practice ensures that an employee has trust and confidence in their own IC. 

2. Updated IC Training:

Customized Training of the IC members so that they are able to deal with complaints wherein the respondent belongs to another organization. IC members need to be equipped with the skill and knowledge to investigate and inquire about this type of complaint.

3. Respectful Behavior:

It is very important to have encouraging and respectful behavior in and outside the organization. This behavior will boost the morale of employees making it a more nurturing environment. This shows that everyone in the business ecosystem needs to be treated fairly and with dignity.

Also read: How to conduct a PoSH investigation?

Conclusion

Conducting an investigation under the PoSH Act is a huge responsibility for organizations. Organizations can cater to the needs of the employees by following the PoSH guidelines in a more tailor-made sense which can lead to its successful implementation.

Such updates are meant to make the workplace environment safer and secure for women which is the underlying objective of the PoSH Act. By following these guidelines organizations open up more avenues for the employees to raise their concerns and report sexual harassment complaints. 

How can Ungender help you?

At Ungender, our team of experts conducts intensive capacity-building and tailored training sessions for your Internal Committee. This will help them effectively conduct a PoSH investigation if they receive a workplace sexual harassment complaint. Additionally, we also help your employees become aware of their rights in the workplace through awareness programs and workshops.

We also provide you with training material and content for constant learning and knowledge-building to stay updated with the latest developments in the law. Get in touch with us for your POSH Compliance.