A Union is asking for representation in the IC Committee. Is this mandatory under the POSH Act, 2013?

Under the POSH Act, 2013, it is not mandatory to include union office bearers or representatives in the Internal Committee (IC). The Act's intent and structure emphasize that the IC is designed to address sexual harassment issues in a focused and impartial manner, distinct from the functions and objectives of a workers' union. Here is a detailed explanation:
 
Purpose and Objectives
1. Union's Objective:

• A union primarily works to safeguard the rights of workers, focusing on collective bargaining, improving workplace conditions, and addressing grievances related to employment terms.
• Their role centers around protecting the workforce as a whole through collective efforts.

2. IC's Objective:

• The IC's sole purpose is to prevent sexual harassment, protect women in the workplace, and address complaints of sexual harassment in accordance with the POSH Act, 2013.
• Its focus is on fostering a safe workplace environment, free from harassment, and conducting inquiries into individual complaints without collective bargaining.

Legal Framework of the IC under Section 4 of the POSH Act

1. Section 4(1): Every employer must constitute an IC in writing for their workplace, ensuring one is available in each administrative unit if workplaces are spread across locations.
2. Section 4(2):

• The IC must include members nominated by the employer.
• The prescribed structure includes:

1. A Presiding Officer who is a senior woman employee.
2. At least two members committed to the cause of women, experienced in social work, or possessing legal knowledge.
3. One external member from an NGO or someone familiar with issues related to sexual harassment.

• At least 50% of the IC members must be women.

Analysis of Union Representation
1. No Legal Provision for Union Representation:

• Section 4 does not mandate or mention any role for union representatives in the IC. The composition is strictly defined, and the members must be chosen based on their commitment, expertise, or legal knowledge regarding the issue of sexual harassment.

2. Employer's Authority to Nominate Members:

• The law explicitly provides that IC members are to be nominated by the employer. Unions, therefore, have no statutory right to demand representation in the IC.

3. Eligibility of Union Members:

• If a union member meets the eligibility criteria under Section 4(2) (e.g., they are committed to women's issues or possess relevant legal knowledge), the employer may nominate them to the IC. However, this is a matter of discretion, not obligation.
• A union’s demand for representation cannot override the employer's prerogative under the law.

 
Key Roles and Responsibilities of the IC

1. Conduct independent inquiries into complaints of sexual harassment.
2. Ensure confidentiality, fairness, and impartiality during proceedings.
3. Provide recommendations based on findings, including appropriate disciplinary action if harassment is established.
4. Promote awareness and training sessions to prevent sexual harassment in the workplace.

Conclusion
The POSH Act, 2013, is explicit in its provisions that the IC's composition is determined solely by the employer in compliance with the Act's criteria. While unions play a vital role in protecting worker rights, their collective bargaining approach is fundamentally different from the IC's mandate of addressing and preventing sexual harassment. Union members may be nominated to the IC only if they meet the eligibility requirements under Section  4(2) and are selected by the employer. However, unions cannot legally demand representation in the IC.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.

Shekhar Ganagaluru
MSW, LLB, Dip. T&D
HR & IR Specialist | Published Author | Storyteller | Mentor |
Trainer | Community Outreach Coordinator |
​Workplace Safety & Motivation Strategist

Union is asking for representation for IC
File Size:	734 kb
File Type:	pdf

Download File

---

---