The Law requires employers to constitute the IC by an order in writing. This means that the constitution of IC is required to be formally done (in writing) by the employer for it to be considered a legally constituted IC.
“An order in writing” may mean different things for different kinds of organizations and would depend on the type of registration they have under Indian laws and laws they have to follow. For example, employers that are registered as a Company (as per Companies Act, 1956 / 2013) would require a board resolution to be passed.
Before purchasing the Order in Writing you should keep the following in mind:
- Whether Order is required for Single Location / Branch / Unit or Multiple Locations / Branches / Units
- Whether IC has existed from before or IC is going to be constituted after Order is passed
- Type of Organization (i.e. Company, Partnership Firm, LLP, Sole Proprietorship, Trust or Society)
You can refer to the FAQs below for more.
Section 4 (1) of POSH Law states that every employer of a workplace shall by an order in writing, constitute a Committee to be known as the “Internal Committee.”
Section 4 (1) of POSH Law states that every employer shall constitute the “Internal Committee” by an order in writing.
If you have 10 or more employees in multiple locations, you will need to purchase the Order in Writing for multiple locations. If all your employees work from the same location, you can purchase Order in Writing for single location.
Every District Officer shall constitute in the district concerned, a committee to be known as the “Local Complaints Committee” to receive complaints of sexual harassment from establishments where IC has not been constituted due to having less than ten workers or if the complaint is against the employer himself.
“Employee” under POSH Law means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name. Hence, all these types have to be counted.
Yes. Section 4 states 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.
- Palm capital limited (PCL)
- Palm capital finance limited (PCFL)
- Palm Centre For Children (school) (PCC)
- Palm Public Charitable Trust (PPCT)
In Vineeth Shamil K. vs. Air India Charters Ltd. and Ors. by Kerala High Court on September 4, 2019, Kerala High Court held that Air India Charters Limited is a corporate body and a separate legal entity from Air India Limited and a holding company cannot conduct an inquiry into an allegation of sexual harassment, when their subsidiary has already conducted a detailed inquiry as per POSH Act.