Kindly enlighten if, constitution of a complaints committee under section 4 of the prevention of sexual harassment act is applicable to work places with 10 workers or is it 10 female workers, i.e., is a company having more than 10 workers but less than 10 female workers is liable to constitute a sexual harassment complaint committee or not?
10 August 2024
The **Prevention of Sexual Harassment at Workplace Act, 2013** (commonly referred to as POSH Act) requires the constitution of an Internal Complaints Committee (ICC) at workplaces. Here's a detailed explanation of the requirements:
### **Applicability of Constitution of a Complaints Committee**
#### **Section 4 of the POSH Act**
**1. **Constitution of Internal Complaints Committee (ICC):** - **Applicability:** Under Section 4 of the POSH Act, every workplace with **more than 10 employees** is required to constitute an Internal Complaints Committee. This requirement is not specific to the number of female employees; it is applicable to the total number of employees at the workplace.
**2. **Details of Section 4:** - **Section 4(1):** “Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the Internal Complaints Committee. The Committee shall consist of— - (a) A Chairperson, who shall be a woman employed at the workplace, and - (b) Not less than two members, who shall be employees at the workplace, out of which at least one member shall be a woman; - (c) One external member, who shall be from an NGO or an association committed to the cause of women or a person familiar with issues related to sexual harassment.”
**3. **Definition of Workplace:** - **Workplace** includes any place where the employee is engaged in work. The POSH Act broadly defines a workplace, and this definition is inclusive of all workplaces with more than 10 employees, irrespective of gender distribution.
**4. **Implications:** - If a company has more than 10 employees, it is **mandatorily required** to constitute an Internal Complaints Committee, regardless of the number of female employees. This means that a company with more than 10 employees (including both male and female) is obligated to set up the ICC.
### **Relevant Provisions:**
- **Section 4(1) - Constitution of Internal Complaints Committee:** - As mentioned earlier, Section 4 of the POSH Act mandates the formation of an Internal Complaints Committee at every workplace with more than 10 employees. - **No Threshold for Female Employees:** The requirement is based on the total number of employees, not just female employees.
- **Section 4(2) - External Member:** - Requires one external member from an NGO or an association committed to the cause of women.
- **Section 4(3) - Tenure:** - Specifies the tenure and conditions of the committee members, including their roles and responsibilities.
### **Summary:**
- **Applicability:** The POSH Act mandates the constitution of an Internal Complaints Committee for any workplace with more than 10 employees, regardless of the number of female employees. - **Gender Specificity:** The requirement is based on the total count of employees, not just female employees.
To ensure full compliance, workplaces with more than 10 employees should establish an ICC as stipulated under the POSH Act. For specific guidance and assistance, consulting with legal experts or compliance professionals is advisable.
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