10 Common Trademark Mistakes

TOP MISTAKES THAT COMPANIES MAKE DURING POSH INVESTIGATIONS


INTRODUCTION

Workplace safety and dignity are the foremost important aspects of the workplace to be in effective workflow. Every establishment has the responsibility to establish an Internal Committee for POSH compliance. The Companies often fail to carry out the functions of the Internal Committee in an effective manner. It may commit some mistakes. In this blog, the top mistakes that a company can make during POSH investigations have been explained in detail.

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MISTAKES DURING POSH INVESTIGATIONS

Mistakes are common in every establishment but they should always rectify the mistakes that occurred. The following mistakes are the possible mistakes that are caused during POSH investigations

INADEQUATE TRAINING

We have heard the proverb "Practice makes a man perfect". As the proverb says, a well trained person will have no flaws. Likewise, The company has to give proper POSH awareness training to the members of the Internal Committee inorder to have a successful outcome of the purpose of the Act. The Members and the presiding officers are not necessarily from legal background. So, adequate POSH training programs to carry out the investigations are mandatory. The companies should have efficient training programmes and that POSH committee guidelines should be drafted by experts.

LACK OF AWARENESS

Mere giving training to the members of the Internal Committee is not sufficient. All the women employees should be aware of this legal framework. It is to be noted that every woman employee should be aware of this legal framework. So, every establishment should conduct POSH awareness training programs periodically to the women employees as well as male employees about the POSH Act compliance.

FAILURE TO CONSULT LEGAL EXPERT

Even Though the establishment has been incorporated with due process of law, sometimes it is common to have some legal issues. So, The Establishment should consult a legal expert failing which leads to legal consequences. Without legal assistance nothing can be functioned. Likewise, when the Internal Committee is formed, adequate legal advice is needed from a legal expert for proper POSH compliance.

PROCEDURAL AND INVESTIGATION ERRORS

After getting legal opinion, the Internal Committee should be careful while carrying out investigation procedures according to POSH committee guidelines. The Notable error is that delay in investigations and other procedures. Another error is that the POSH IC Committee may sometimes act in a biased way. Hence, the victim is the ultimate sufferer.

DOCUMENTATION AND CONFIDENTIALITY ISSUES

Even though the procedures are handled carefully, the committee lacks documentation. Procedures and the activities of the Internal Committee should be recorded and made in document format and it should be easily accessible by the aggrieved woman and the district Authorities. Sometimes, the POSH investigations procedure lacks transparency and confidentiality according to POSH compliance requirements.

RESOURCE ALLOCATION AND INTERNAL AUDIT

As a part of documentation, the Company should conduct regular audits and it should be documented. The company should allocate the funds for the proper management of the Internal Committee. Lack of resources leads to failure in the proper POSH compliance management of the Company.

CASE STUDY

Saurabh Kumar Mallik Vs Comptroller & Auditor General of India In this case, improper formation of the Internal Committee is addressed. The Complainant gave a complaint against her senior employee for sexual Harassment. As the POSH IC Committee was not constituted properly according to POSH committee requirements, they lacked procedural fairness. The Delhi High court held that the employer should have followed due process while handling gender sensitive matters in POSH compliance complaints. The Court ordered the employer to pay compensation to the victim.

A CULTURE OF COMPLIANCE REQUIRES COMMITMENT

The success of a POSH compliance mechanism is not merely in its legal form, but in the seriousness with which an organization intends to implement it. Steer clear of these common pitfalls by way of legal advice, regular POSH training programs, strong documentation, and mindset change can not only guarantee POSH Act compliance, but also create a genuinely safe and equitable workplace.

Companies which spend money on preventative audits, budgeting, and POSH committee guidelines guided by experienced professionals are different not only in the eyes of the law, but in the respect they gain from their staff. Let's be honest, POSH compliance is not just a tick-box it's a demonstration of leadership.

Frequently Asked Questions

Why is training important for Internal Committee members?

Internal Committee members are mostly from non-legal backgrounds so they lack legal knowledge. So, It is necessary to give POSH awareness training to IC members.

How often should POSH training and awareness sessions be conducted?

The POSH awareness training Program should be conducted annually. If there are any changes in the POSH committee composition, then training is mandatory.

Is it mandatory to include a legal expert in the Internal Committee?

Yes. The presiding officer might be from a non-legal background and at least one member should be with legal knowledge as per POSH committee requirements.

What are some examples of procedural errors during POSH investigations?

Failure of documentation, failure to audit, bias in the Internal Committee, delay in POSH investigations.

How can companies ensure confidentiality during POSH inquiries?

By putting in place stringent record access rules, restricting information exchange to those who are directly involved, and educating IC members on confidentiality procedures as per POSH committee guidelines.

Who can access the documentation of a POSH inquiry?

If necessary for POSH compliance or review, the district officer, the ICC members, and the resentful lady must have access to the sensitive documentation.

What role does the employer play during a POSH investigation?

Employers must assist the Internal Committee, guarantee prompt investigation, assign required resources, and implement the Internal Committee's recommendations for proper POSH compliance.

Can an employee appeal the decision made by the Internal Committee?

According to the POSH Act compliance, the respondent or person who feels wronged has ninety days to appeal the Internal Committee's ruling to the relevant court or tribunal.

What happens if the IC is found to be biased or negligent?

Members may be dismissed or held accountable if prejudice or carelessness is demonstrated, and the Internal Committee's conclusions may be contested in court.

How can a company evaluate the effectiveness of its POSH compliance?

By carrying out recurring internal audits, getting input from staff members, assessing Internal Committee performance, and making sure that POSH training programs and POSH awareness training initiatives continue.