A Founder’s guide to selecting Internal Committee members

Introduction

As a Founder, it is your responsibility to form an Internal Committee under the Prevention of Sexual Harassment at Workplace (PoSH) Act, 2013 to ensure a safe and inclusive workplace for your team. The Internal Committee is responsible for receiving and addressing complaints of sexual harassment in the workplace. 

It is crucial that you select members who are qualified, unbiased, and committed to upholding the principles of the PoSH Act. However, navigating the PoSH Act for Founders can be difficult, especially in selecting the right people for your Internal Committee. This is why we are sharing some tips that will help you be mindful when you are constituting your Internal Committee.

Also read: Constitution of the Internal Committee and why it matters

What to look for in an Internal Committee member?

Qualifications and expertise

Members of your Internal Committee should have relevant qualifications and expertise in fields such as law, psychology, and human resources. Look for individuals with experience in dealing with sensitive issues and a good understanding of the legal and regulatory requirements of the PoSH Act.

Diversity

Your Internal Committee should be diverse in terms of gender, ethnicity, and background. This diversity will help to ensure that all complaints are handled with sensitivity and impartiality and that the Internal Committee is able to address the needs and concerns of all your employees.

Communication skills

Members of your Committee members should have strong communication skills, including the ability to listen attentively and communicate effectively with employees who may be experiencing trauma or distress. They should also be able to communicate the policies and procedures of the Internal Committee in a clear and concise manner.

Also read: What makes an effective Internal Complaints Committee (ICC) under POSH Act 2013

Neutrality and impartiality

The members should be neutral and impartial in their handling of complaints. They should not have any personal or professional connections to the complainant or respondent. This will help to ensure that all complaints are handled fairly and without bias.

Time commitment 

Internal Committee members should be able to commit sufficient time to attend meetings, conduct investigations, and respond to complaints in a timely manner. Consider individuals who have flexibility in their schedules and are willing to make the necessary time commitments.

Confidentiality

Members of the Committee should understand the importance of confidentiality and be willing to maintain confidentiality at all times. They should also be able to handle sensitive information with discretion and professionalism.

Training

Finally, it is important to ensure that all the members receive adequate training on the policies and procedures of the PoSH Act, as well as on how to handle complaints of sexual harassment. This training should be ongoing and should include updates on any changes to the legal and regulatory framework.

The Internal Committee plays a critical role in addressing complaints of sexual harassment and ensuring that all employees are treated with dignity and respect, and it is important to select members who can fulfill this responsibility with sensitivity, professionalism, and integrity.

Common mistakes Founders make while selecting Internal Committee members

When it comes to selecting members for the Internal Committee, you may inadvertently make some common mistakes that can have negative consequences for the Internal Committee and for the employees who rely on it. 

Also read: Problems Faced by Companies in Building Internal Complaints Committee

Here are some of the most common mistakes to avoid:

Don’t select Internal Committee members who you’re close to

Human behavior prevails here when you select people who you can confide in or vice versa during the investigation. These may be members who are working under your authority in a way that you expect the absence of any confidentiality in an ongoing investigation of a PoSH case. 

This mistake is very frequent and extremely damaging to any investigation as the law clearly prohibits any intervention, especially from the Founder in an ongoing investigation. 

Homogeneity of opinions among Internal Committee members 

One of the most common mistakes is to select members who are all from a similar background or have similar perspectives. This lack of diversity can make it difficult for the Committee to address the needs and concerns of all employees and can create a perception of bias or favoritism.

Perpetuating gender-based stereotypes

A very important aspect of PoSH investigations is a fair and transparent inquiry process. In order to achieve and ensure this, all the members must be unbiased and gender-neutral, devoid of stereotypes associated with specific gender and sex. 

Founders do not spend sufficient time to gauge this aspect of individuals before identifying a nomination for Committee membership. This could lead to investigations that are partial and eventually a potential legal risk for the company. 

Zero-tolerance purview and attitude

It is only fair that you would want to take the strictest action possible and do so promptly when any incident of workplace sexual harassment is reported. In the absence of this power not residing with yourself, when the time comes to choose the representatives, i.e., the Committee members, you will most often select individuals who will have a similar stand. 

PoSH guidelines on inquiry require a fair, transparent, and due process which gives both parties (complainant and respondent) an opportunity to defend and present their respective stand. A zero-tolerance stand is counterproductive to the mandate of the PoSH Act and can harm the company in the long run. 

Also read: Building Internal Complaints Committee (IC) for Handing Sexual Harassment at Workplace

How can you select the right Internal Committee members?

We understand that you are no expert on the law and on the guidelines. That is why having an expert External Member is extremely crucial for you to get the law right. 

Here is another detailed blog on how to choose and find the right expert external member for your Company. Once you have them, sit with them and let them guide you on the selection process. 

How can Ungender help you?

At Ungender, our team of experts supports you with this crucial step of setting up your Internal Committee under the PoSH Act, 2013. Our experts guide you with the legal mandates and guidelines present in the PoSH Act and also the best industry practices that one needs to follow while setting up the Committee.

To start with the PoSH compliance implementation in your workplace, write to us at contact@ungender.in or leave us a message.