HR NUGGETS

  • HR personnel must keep in mind that one Internal Committee (IC) cannot operate jointly for two legal entities. This applies in the case of holding and subsidiary companies as well.

  • The POSH Act does not specifically address the issue of registration of the Internal Committee (IC). However, different districts and states have the prerogative to release circulars and notifications requiring them to do so.

  • Under the POSH act, an IC member can be removed before the completion of their term, on a variety of grounds including misuse of position and criminal conviction.

  • The POSH act requires the presence of an external member in the IC to overcome institutional bias.

 

FEATURED POSH CASE

POSH Act Implications on Online Taxi Services

Facts:

The petitioner had availed a taxi using an app-based platform to commute to her office. During her commute, the petitioner was subjected to sexual harassment by the driver of the taxi. Further, the driver refused to stop the taxi in spite of repeated requests from the petitioner to do so.

In response to this, the petitioner filed a criminal complaint against the driver.  This was followed up with a legal notice issued to the app-based platform directing its Internal Complaints Committee to initiate an investigation into her complaint. However, in response to this, the taxi platform stated that its ICC did not have the power to take up the petitioner's complaint under the POSH Act. They argued that the drivers were not “employees” but were “independent contractors.”

Unsatisfied with the platform’s response, the petitioner approached the state High Court for relief on this matter.

Issue:

Does POSH redressal apply to Independent Contractors of companies?

Summary of Decision:

The court confirmed that an employer-employee relationship did in fact exist between the taxi app and its driver subscribers. Further, it directed the ICC to conduct an enquiry into the petitioner’s complaint in accordance with the POSH Act along with stipulations to cover the victim’s compensation and litigation expenses.