In-depth exploration of the role of External Members in PoSH Committee

In my ongoing interactions with HR professionals charged with upholding Prevention of Sexual Harassment (PoSH) laws, a clear and concerning trend often surfaces: the inadequate involvement of top-tier leadership in PoSH initiatives. The efficacy of PoSH committees critically depends not merely on adhering to procedures but on robust advocacy from the highest levels of the corporate hierarchy. The active participation of CEOs and COOs is not just beneficial but essential, as their commitment sets the tone for the entire organization’s approach to PoSH compliance.

However, it is common to witness a disconnect where senior leaders are not fully engaged in these initiatives, treating PoSH compliance as a checkbox exercise rather than a cornerstone of corporate governance and ethical operation. This oversight can significantly undermine the purpose and effectiveness of PoSH policies, risking not only legal repercussions but also damaging the organizational culture.

Mahima Gurnani, Human Resources Lead at Freo, says:

“The Prevention of Sexual Harassment (PoSH) isn’t just about fulfilling legal requirements. It’s about creating a fundamental shift in the workplace culture, where respect and safety are deeply ingrained values, not just checked boxes on a form.”

Moreover, the engagement of top management in PoSH efforts sends a powerful message throughout the organization, reinforcing the seriousness with which harassment issues are treated. By actively leading PoSH initiatives, senior leaders ensure these policies are given the weight they deserve, and integrated into core operational strategies rather than sidelined as mere HR functions.

This leadership buy-in is crucial in fostering a culture of respect, safety, and equality at all levels of the organization, making it clear that compliance is not just a legal obligation but a key component of the workplace environment they aspire to create.

Understanding the External Member (EM)

An External Member (EM) is a non-affiliated, impartial participant in the PoSH committee, mandated by the PoSH law to ensure fairness and objectivity in handling harassment complaints within organizations. This member is a specialist, often from backgrounds in social work, law, psychology, or human rights, and brings a wealth of knowledge on gender issues, workplace dynamics, and legal compliance.

The selection of an EM is pivotal, as they play a critical role in maintaining the integrity of the harassment investigation process. Their external perspective helps to mitigate internal biases that might influence the outcome of cases. Additionally, EMs often provide training and guidance to the committee and the wider organization, raising awareness about PoSH laws and promoting a culture of safety and respect.

The EM’s involvement goes beyond mere participation; they ensure that the committee’s operations adhere to both the spirit and the letter of the law. By fostering an environment of impartiality and respect, EMs help to create a safer workplace where all employees feel valued and protected. Their contributions are vital in empowering organizations to handle sensitive issues effectively while maintaining trust and credibility with all stakeholders.

The Expansive Role of External Members

External Members (EMs) are vital to ensuring the integrity and ethical administration of PoSH procedures within an organization. Their role is comprehensive, involving several key responsibilities:

1. Overseeing the investigation process: EMs play a crucial role in overseeing the investigation of harassment claims, ensuring that every step is conducted with fairness and thoroughness. They help set up transparent processes that prevent any form of bias, thereby protecting the integrity of the findings.
2. Participating in deliberations: EMs actively participate in the deliberations of the PoSH committee. Their external perspective is critical in formulating the committee’s findings and recommendations, ensuring they are balanced and impartial. This involvement is crucial for the credibility of the committee’s outcomes.
3. Providing ongoing education and guidance: Beyond handling specific cases, EMs contribute to the broader organizational culture by providing ongoing education and guidance on PoSH compliance and ethical workplace behaviour. They organize training sessions, workshops, and awareness programs to educate employees about their rights and responsibilities under the PoSH law.

Through these roles, External Members help cultivate a workplace environment that prioritizes safety, respect, and legal compliance, thereby enhancing the overall organizational culture. Their presence ensures that PoSH procedures are not only followed but are effective and respected throughout the organization.

What are the best strategies for selecting the right External Member?

Selecting the right EM is a nuanced process that requires careful consideration:

• Professional networks: Leveraging professional networks that specialize in workplace ethics or gender issues can help identify potential candidates.
• Rigorous vetting: Candidates should undergo a thorough vetting process to assess their experience, understanding of legal frameworks, and commitment to ethical standards.
• Alignment with organizational values: Ensuring that the EM’s values align with those of the organization is crucial for a harmonious and effective working relationship.
  

Also read: Common Misconceptions Companies Have While Selecting An External Member For ICC

What are the best practices for optimizing External Member engagement?

Effective utilization of EMs involves more than just inclusion; it requires active engagement:

• Induction and training: Comprehensive induction sessions for EMs can help them understand their role and the organizational culture better.
• Regular updates: Keeping EMs updated about changes in laws and organizational policies is crucial for their active and informed participation.
• Feedback mechanisms: Implementing feedback allows EMs to express their observations and suggestions for improving the committee’s operations.

What are the do’s and don’ts for External Members

Do’s:

• Maintain a high level of integrity and confidentiality.
• Be proactive in understanding and addressing the nuances of each case.
• Guide the committee in maintaining compliance with PoSH regulations.

Don’ts:

• Succumb to internal or external pressures that could affect impartiality.
• Neglect the importance of comprehensive documentation and adherence to procedures.
• Disregard the significance of timely and effective resolution of cases.

Conclusion

The role of an External Member is fundamental to the integrity and effectiveness of PoSH committees. For organizations committed to creating safe and respectful workplaces, EMs are not just statutory requirements but pillars of ethical governance. By extending beyond mere compliance to embodying the principles of justice and fairness, EMs enhance not only the effectiveness of PoSH committees but also the organizational culture at large.

For organizations looking to deepen their understanding and implementation of PoSH laws, consulting with experts like those at Ungender can provide the necessary guidance and support.

Need help in starting this journey? Write to us at contact@ungender.in and see how seamless this crucial step introduction can be with our SaaS tool.

Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.