Posh Committee External Member Agreement

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Article 4 of the Act, which deals with the formation of an internal complaints committee (“the ICC”) by an organization, stipulates in Article (3) that the ICC must have a member of non-governmental organizations or associations engaged in the cause of women, or a person familiar with issues related to sexual harassment. Rule 4 of the Rules further states that “a person familiar with matters related to sexual harassment” is a person who has expertise in matters related to sexual harassment and may include: (a) a social worker with at least five years of experience in the field of social work leading to the creation of social conditions that will strengthen the role of women and, in particular, will combat sexual harassment on the territory of the European Union. And (b) a person who is familiar with employment, service, civil law or criminal law. POSHatWork may send you notices, including those relating to changes to the Terms and Conditions, including, but not limited to, emails, regular mail, SMS, MMS, text messages, posts on POSHatWork or other reasonable means currently known or further developed. These communications may not be received if you violate these Terms and Conditions by accessing POSHatWork in an unauthorized manner. Your acceptance of these Terms and Conditions constitutes your acceptance that you will be deemed to have received all notices that would have been delivered if you had accessed POSHatWork in an authorized manner. The external member is an essential element of any internal Board of Appeal as it offers an impartial and neutral perspective. They are not involved or aware of the company`s internal policy and employee relations and therefore base their opinions and conclusions on the facts and circumstances presented. Being an external member, which is generally unknown to the workforce, gives complainants and witnesses a sense of ease when talking about harassment in the workplace. This reduces the pressure to talk to someone who is constantly present in the workplace or who has a predisposed bias towards or against the complainant. An employer-trained COI should have at least four members, including one external member.

Half of the IC members should be women. Ic`s three types of members include: IC should investigate any written complaint of sexual harassment received by a complainant against an employee of the organization. The IC should ensure that six copies of the complaint are submitted, along with supporting documentation (if applicable) and a list of witnesses. The complainant may refer the complaint to one of the members of the IC, which must be forwarded to the President within 3 days of receipt. At first reading, this may seem vague, given that there is no specific qualification or role that the legislation proposes for the icc`s external member. However, the reason for this perceived vagueness is inclusivity. The law is deliberately vague in order to allow the external member to come from a certain professional background, provided that he or she has empathy for the complainant and is aware of women`s rights. Serious scrutiny is required before a foreigner is hired as a member of the ICC.

First, the institution concerned must understand what to expect from the external member of the ICC. Among other things, it is important to review their previous legal records. Someone should be elected who has experience in dealing with sexual harassment issues. Try to ensure that the member has a reputation for acting neutrally and impartially. An external CCI member should have the following characteristics to meet these requirements: Remember that, by law, the term employee refers to any person employed by the organization on a one-time, one-time or daily salary basis, and includes interns, interns, volunteers and those employed through an agent or contractor. POSHatWork does not offer a guaranteed membership under any circumstances and may terminate your access to the Website without giving reasons or notice, which may result in the expiration and destruction of all information associated with your account. All provisions of this Agreement that by their nature should survive termination will survive termination, including, but not limited to, exclusive provisions, disclaimers of warranties, indemnification, and limitations of liability. The member must belong to an NGO or social organization that advocates for women and to a person who has experience in dealing with cases related to sexual harassment.

Your membership is for personal use only. It may not be assigned, transferred or authorized to be used by any other person/organization without the express written consent of POSHatWork. POSHatWork makes no warranties, representations or subscriptions to members` claims and representations with respect to the information of any physical/commercial entity. As further described below, to the fullest extent permitted by law, we exclude any liability for any loss or damage of any kind (including special, indirect or consequential damages and including loss of business profits), regardless of the cause caused by or in connection with the content of this website and the use or performance of this website (including negligence). Although we strive to take reasonable precautions in creating and maintaining the information on this website, we do not guarantee the accuracy, reliability, adequacy or completeness of the content of the website. You acknowledge and agree that the content of the Site may contain technical inaccuracies and typographical errors. The involvement of an external member gives the ICC`s work a degree of objectivity and external insight and ensures the applicant an objective, impartial investigation process that is unaffected by potential employer pressure. According to the provisions of the law, although an external member may also include a lawyer, it should be noted that the platform provided by this website is not used for advertising or advertising of lawyers such as Rule 36 of the Rules of the Bar Council of India under Rule 49(1) of the Lawyers Act. 1961, which dealt with standards of conduct and etiquette, prohibited advertising by lawyers.

Any person who directly or indirectly advertises or advertises on the Site will be removed from the Site in their sole discretion. The term of office of a member of the IC shall be three years from the date of his or her appointment, after which he or she shall be replaced. However, an IC member may be removed from office within three years if he/she e) As already mentioned in detail, the material contained on this website and related web pages constitutes general information and is not intended to provide advice on any particular issue. Subscribers and readers should seek the advice of an appropriate professional before acting on the basis of the information contained in this document. POSHatWork.com, its members, owners, employees, agents, agents and authors expressly disclaim any liability to any person, subscriber or not, with respect to anything and the consequences of anything done or omitted by such person based on the content of this website and related web pages. As mentioned above, you agree that POSHatWork may immediately terminate, restrict or block your access to your POSHatWork account, associated email address and access to POSHatWork without notice. Grounds for termination, restriction of access or suspension include, but are not limited to, (a) violations or violations of the Terms and Conditions or other incorporated agreements or policies, (b) requests from law enforcement or other government agencies, (c) interruption or material modification of POSHatWork (or any part thereof), (d) unexpected technical or security problems or problems, (e) prolonged periods of inactivity, (f) Your participation in fraudulent or illegal activities and/or (g) non-payment of any fees you owe in connection with POSHatWork. In addition, you agree that all terminations, access restrictions and suspensions for cause will be at POSHatWork`s sole discretion and that POSHatWork will not be liable to you or any third party for the termination of your account, any associated email address or access to POSHatWork. Section 4(2) of the Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Redress) Act 2013 stipulates that an external member must be appointed to the IC.

According to the law, the external member must be a person from an NGO dedicated to the cause of women, OR a person who knows the problems related to sexual harassment. It can also be a person with legal training with some expertise in the field. Therefore, it is important to elect an external member who understands how gender fits into and is sensitive to power dynamics in the workplace. They should not have negative preconceived biases and they should not have a personal relationship with anyone in the labour market so as not to present a conflict of interest. If you continue to browse and use poshatwork.com (“POSHatWork/Website”), you agree to comply with and be bound by the following terms of use (“Terms and Conditions”), which, together with the Privacy Policy, govern your relationship with POSHatWork. . . .