Who is the external member for ICC?
How do you choose an external member for POSH?
What does it mean to be an external member for ICC under POSH? Every posh committee external member must include one External Member for POSH from a non-governmental group dedicated to the cause of women, as well as anybody who is involved in or aware of sexual harassment concerns.
There is frequently some uncertainty when selecting an External Member for POSH, as required by the Sexual Harassment in a Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) for any organisation with more than 10 workers.
According to section 4 of the PoSH Act, an external member must be selected who has either worked in non-governmental organisations dedicated to the cause of women or is knowledgeable about women's concerns.
This may appear imprecise at first glance, given that the Act does not specify a specific qualification or position for the posh committee external member. The cause for this seeming ambiguity, however, is inclusion. The law is intentionally ambiguous to allow the external member for POSH to come from any professional background as long as they are sympathetic to the complaint and knowledgeable about women's rights.
In order to avoid legal responsibility, it is critical to be aware of the precise characteristics listed in Section 4(2) of the PoSH Act. It was held in the case of Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University that the absence of a member who lacked the required credentials under the aforementioned criteria was judged to be a violation of the PoSH Act and hence invalid. In the case of Ruchika Singh Chhabra v. Air France, a lawyer with experience of Labor Laws was deemed an improper nomination for the post of the external member for ICC.
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