Welcome to POSHitive, your ultimate source for insights on creating safe and respectful workplaces! We are Safe Spaces Inc., a leading POSH advisory services firm committed to fostering awareness and ensuring workplaces in India are free from sexual harassment.
The POSH Act mandates organisations (locations) with >10 employees to establish an Internal Committee (IC) to address complaints of sexual harassment. The POSH Act & Rules make no specific mention of whether HR should be a part of the IC so there is nothing stopping HR from being a part of the IC.
Now we will discuss the practical aspects of the topic in question based on our practical experience and recommendations.
Should HR be involved in the Internal Committee?
- An Internal Committee (IC) composed solely or a majority of HR members is not advisable, as it places the entire responsibility and accountability for POSH compliance on the HR team alone. It’s important to remember that the Act’s goal is to “create a safe working environment for women,” a responsibility that should be shared by the entire organisation, not just HR.
- Appointing the HR Head as the IC’s presiding officer is not ideal either, as it again risks centralising the responsibility for creating safe spaces within HR. This has been seen as a preferred option in organisations where
The Pros and Cons of HR Representation in the IC
While HR should not dominate the IC, having HR representation can bring both advantages and challenges. Let’s break these down:
Pros of HR in the IC
- Connecting the Dots: HR professionals have a broad understanding of the organisational ecosystem. Their ability to “connect the dots” can be helpful during investigations, as they often have insights into broader employee dynamics.
- Prevention and Prohibition Measures: HR deals with day-to-day employee issues and challenges. When it comes to designing measures to prevent sexual harassment, their practical experience can provide valuable insights into the most impactful strategies.
- Approachable for Employees: In many cases, HR is the first point of contact for employees facing issues, including sexual harassment. Having an HR member in the IC can make it more approachable for employees and ensure smoother communication during the complaint process.
Cons of HR in the IC
- Objectivity/Potential Bias: HR professionals often have prior knowledge about the employees involved in a case. This background information may unintentionally influence their objectivity during the investigation.
- Perception of Confidentiality Issues: HR personnel are generally well-connected within the organisation, which can lead to concerns about confidentiality leaks or favouritism during sensitive investigations.
- Confusion for the Complainant: Having HR in the IC may confuse the employees on the kind of issues they can bring to the committee such as Grievance redressal and Appraisal issues.
A Balanced Approach: Diverse IC Composition
Overall, to ensure fair and effective investigations, we recommend that the Internal Committee include a diverse mix of professionals from different departments and levels of seniority. This diversity of perspectives enriches the investigation process, reducing bias and ensuring a balanced view of the situation.
If you’re looking for more guidance on how to constitute your IC, check out our detailed blog on best practices for IC formation: safespacesinc.in/how-to-choose-members-for-your-posh-internal-committee/
POSHitive Outlook
POSHitive, a mini-blog by Safe Spaces Inc., aims to simplify POSH compliance into easily digestible pieces.
Remember, creating a safe workplace is not just a legal obligation but an ethical commitment to contribute to a positive and thriving work environment.
Join us on our journey towards building workplaces where everyone feels secure, respected, and empowered. After all, Safe Spaces are the foundation of a POSHitive future!
For further support on POSH Compliance, POSH Trainings, or Diversity, Equity, Inclusion, and Belonging (DEIB) training, visit Safe Spaces Inc. or contact us at support@safespacesinc.in
PS: This blog is for informational purposes only and should not be considered legal advice. If you have experienced sexual harassment, please seek professional help or contact the relevant authorities.
