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Aish Rai   28 February 2021

Can an ICC Committe have a lawyer as an representative

Can icc commitee formed in an organisation for POSH complaint have a lawyer as an representative of the complaintant women ?


Learning

 1 Replies

Aryan   06 March 2021

Greetings, 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was enacted as legislation to provide a safe, secure and enabling environment. Any establishment employing ten or more employees is required to constitute an ICC by an order in writing by the employer. 

There is no guidance as to what would amount to 'abuse of position' or 'prejudicial to the public interest' which terms are left open to interpretation by the employer, thereby potentially enabling external interference and jeopardizing the independence of the ICC. Therefore the lawyer may be disqualified as member.

Hop this solves the query.


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