The Importance of PoSH ICC Training for Conducting Effective Inquiries

Is your company’s ICC equipped to handle sexual harassment complaints fairly and effectively? The PoSH Act requires organisations to set up an Internal Complaints Committee (ICC)/ Internal Committee (IC) to address sexual harassment complaints. But just setting up an ICC is not enough. To ensure effective functioning, specialised PoSH ICC training for committee members is needed. Our ICC skill-building e-learning and Expert Instructor-led training equip ICC members with the knowledge, intricacies of the inquiry procedures, and best practices to handle cases effectively. 

In this blog, we will discuss why this training is necessary for conducting thorough inquiries and upholding workplace integrity.

The PoSH Act, 2013 puts a legal obligation on organisations to constitute an ICC to address workplace sexual harassment complaints.

ICC members’ responsibilities include:

1. Receiving Complaints: ICC members are the first point of contact for employees who file sexual harassment complaints. They must ensure the complaint is properly documented and handled with confidentiality.

2. Inquiries: ICC is responsible for conducting impartial and structured inquiries into the complaints. This involves inquiry meetings with the complainant, respondent, and witnesses, collecting evidence, and analysing facts.

3. Recommendations: Based on the findings, the ICC recommends actions to the employer, including disciplinary actions, counselling or other actions to ensure justice.

Given the sensitive nature of their role, ICC members must be well-versed with the legal framework of the PoSH Act and possess the skills to handle complaints effectively. This is where PoSH ICC training comes in. To ensure that committee members are well-prepared, organisations should enroll them in a comprehensive ICC training programme led by subject matter experts.

1. Legal and Procedural Understanding

The PoSH Act is a comprehensive legislation with specific legal requirements and timelines. ICC members must clearly understand the PoSH Act, including its definitions, scope, and procedural mandates. For instance, the PoSH Act mandates that inquiries must be completed within 90 days, and reports must be submitted to the employer within 10 days of completion. Committee members who lack PoSH ICC training may not understand these legal requirements, which could lead to delays or non-compliance. 

2. Effective Complaint Handling

Handling a complaint is not just about the process; it requires sensitivity, neutrality, and knowledge of the law. A well-trained ICC ensures employees feel safe to report sexual harassment without fear of retaliation. They should know how to:

• Receive complaints in a way that makes the complainant feel heard while documenting every detail.
• Assess complaints objectively and determine if they fall under workplace sexual harassment as defined by the PoSH Act.
• Conduct inquiry systematically and collect evidence fairly and without bias.
• Maintain confidentiality to protect the identity of the complainant, respondent, and witnesses.

3. Inquiry Techniques and Best Practices

A core responsibility of an ICC is conducting impartial and comprehensive inquiries. Through PoSH ICC training, members learn how to effectively question the complainants, respondents, and witnesses, without influencing their responses.  Neutrally asking appropriate questions is essential for gathering pertinent information. Additionally, ICC members must be adept at accurately documenting their findings, as any subsequent actions will rely on these inquiry reports. Proper record-keeping is also crucial, as it allows organisations to justify their decisions if legal action is pursued.

4. Understanding Workplace Dynamics and Power Imbalance

The fear of retaliation often prevents victims from reporting sexual harassment in the workplace, especially when the accused holds a higher position. This reluctance is further compounded by the intricate power dynamics that frequently characterise these situations. PoSH training for the internal complaints committee helps members identify and address these imbalances. In addition to specialised training for ICC members, general PoSH training for employees helps to create an inclusive and respectful workplace. This training also covers different forms of sexual harassment: verbal and physical, to more subtle behaviours like inappropriate digital communication or persistent unwanted attention. Recognising these nuances is key to ensuring all cases are treated fairly.

5. Handling False or Malicious Complaints

While most complaints are genuine, there may be instances where complaints are exaggerated or false. ICC members must be trained to differentiate between genuine and malicious complaints without discouraging the aggrieved woman from coming forward. Proper inquiring methods and due process ensure all complaints are treated fairly. A well-trained ICC can protect employees from sexual harassment while also ensuring no one is wrongly accused.

6. Ensuring Compliance and Documentation

Compliance is key, and proper documentation is essential. ICC members must keep records of complaints and follow a checklist for inquiry proceedings and final decisions. These records are needed for internal audits and legal scrutiny. ICC members must also prepare reports that meet legal standards and organisational policies. Inadequate PoSH ICC training can result in members being unable to produce compliant reports, incomplete documentation, and a heightened risk of non-compliance.

1. In-Depth Legal Training

One of the most important parts of PoSH awareness programs is in-depth legal training. ICC members should deeply understand the PoSH Act and related laws. Real-life case law examples aid members in understanding how different aspects of the law have been interpreted on various judgments across the courts of the country which helps them make an informed decision.

2. Practical Inquiry Process Training

Theoretical knowledge is insufficient to conduct inquiries; ICC members need hands-on training to handle real-life cases. PoSH ICC training includes mock case studies and various exercises where members can practice the inquiry process. Training also emphasises neutrality so that all cases are handled fairly, without regard to the parties involved.

3. Communication and Conflict Resolution Skills

Sexual harassment complaints are sensitive and can create tension in the workplace. Effective communication is key to ensuring all parties are heard and respected. Workplace sexual harassment training focuses on building ICC members’ skills to conduct inquiries with empathy, manage conflicts between parties, and ensure fair and just resolution.

4. Report Writing and Documentation Best Practices

Writing inquiry reports is one of the most critical responsibilities of an ICC. Training provides step-by-step guidance on preparing reports that meet legal and organisational standards. A well-prepared report strengthens your organisation’s position in case of future legal scrutiny.

5. Addressing Bias and Sensitisation Training

Unconscious bias can influence how complaints are assessed and resolved. ICC training programs include sessions on identifying and addressing bias so inquiries are conducted without preconceived notions. This training also fosters an inclusive approach to decision-making so that ICC members can uphold fairness in all cases.

Conclusion

For an ICC to function effectively, its members must undergo PoSH ICC training to handle complaints, conduct fair inquiries, and ensure legal compliance. A structured ICC training program helps committee members navigate the complexities of workplace sexual harassment cases with professionalism and neutrality. Organisations that invest in PoSH training for internal complaints committees mitigate legal risks and foster a safe working environment.

Enhance your Internal Complaints Committee’s ability to manage sexual harassment complaints and ensure complete legal compliance with our specialised PoSH training and compliance services.

Get in touch with us today for custom ICC training programs that will help your organisation achieve PoSH compliance and make your committee members redress complaints effectively and confidentially.