Introduction
Workplace safety and dignity are the foremost important aspects of the workplace to be in effective workflow. Every establishment has the responsibility to establish an Internal Committee for POSH compliance.
The Companies often fail to carry out the functions of the Internal Committee in an effective manner. It may commit some mistakes. In this blog, the top mistakes that a company can make during POSH investigations have been explained in detail.
Mistakes During POSH Investigations
Mistakes are common in every establishment, but they should always rectify them. The following are possible mistakes caused during POSH investigations:
1. Inadequate Training
The company has to give proper POSH awareness training to the members of the Internal Committee in order to have a successful outcome of the purpose of the Act. The Members and the presiding officers are not necessarily from a legal background. So, adequate POSH training programs to carry out the investigations are mandatory.
2. Lack of Awareness
Mere giving training to the members of the Internal Committee is not sufficient. All the women employees should be aware of this legal framework. So, every establishment should conduct POSH awareness training programs periodically to the women employees as well as male employees about the POSH Act compliance.
3. Failure to Consult Legal Expert
Even though the establishment has been incorporated with due process of law, sometimes it is common to have some legal issues. The Establishment should consult a legal expert regarding the Internal Committee formation and proceedings.
4. Procedural and Investigation Errors
After getting legal opinion, the Internal Committee should be careful while carrying out investigation procedures according to POSH committee guidelines. The Notable error is the delay in investigations. Another error is that the POSH IC Committee may sometimes act in a biased way.
5. Documentation and Confidentiality Issues
Even though the procedures are handled carefully, the committee often lacks documentation. Procedures and the activities of the Internal Committee should be recorded and made in document format, and it should be easily accessible by the aggrieved woman and the district Authorities. Confidentiality is also paramount.
6. Resource Allocation and Internal Audit
The Company should conduct regular audits and it should be documented. The company should allocate the funds for the proper management of the Internal Committee. Lack of resources leads to failure in the proper POSH compliance management.
Case Study: Saurabh Kumar Mallik Vs Comptroller & Auditor General of India
In this case, improper formation of the Internal Committee is addressed. The Complainant gave a complaint against her senior employee for sexual Harassment. As the POSH IC Committee was not constituted properly according to POSH committee requirements, they lacked procedural fairness. The Delhi High Court held that the employer should have followed due process while handling gender sensitive matters.
A Culture of Compliance Requires Commitment
The success of a POSH compliance mechanism is not merely in its legal form, but in the seriousness with which an organization intends to implement it. Steer clear of these common pitfalls by way of legal advice, regular POSH training programs, strong documentation, and mindset change.