Ankita JainAs per Section 4 (1) of the POSH Act 2013, every employer should constitute an Internal Compliant Committee at workplace and in case there are multiple offices then each such office should have such committee. Extracts of the relevant section is as under

“4(1) Every employer of a workplace shall, by an order in writing, constitutes a Committee to be known as the “Internal Complaints Committee”: 

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.” 

As per Section 21 every such Internal Compliant Committee shall in each calendar year prepare and file an Annual Report with the concerned district office. So if there are multiple offices then Internal Compliant Committee of each such office should file an Annual Report with District Officer and employer. Extract of Section 21 is as under:

“Section 21: 

(1) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.” 

Further as per Section 2 (g) of the POSH Act, 2013, Employer for the purpose of private sector have been defined to mean any person responsible for the management, supervision and control of the workplace.

In case of group of entities every entity of a group will constitute as distinct employer for people on employed by such entity. No single entity who may be a parent entity can act as an employer on behalf of employees of their group/subsidiary entities. So compliances provided in the POSH Act, 2013 has to be executed at employer level and not at group level.

Disclaimer: This is an effort by to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.

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