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Sundar1959
66

I request the Seniors of HR Fraternity to clarify on the Constitution of Local Complaint Committee.
In case any Organization do have 2 to 10 Women employees at a lower level and no Senior level women employee is employed and if the (small - obviously) Organization operates only one place - what is the procedure to be followed to forming the Local Committee in compliance to this Act.
Look forward to your detailed clarification.
Advance thanks,
B. Sundararaman

From India, Madras

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PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
+1 Other

Sharmila Das
990

Dear Mr. Sundar 1959,
First of all, you've been talking about the "Internal Complaint's Committe"(ICC). Local Complaints Committee (LCC) is different from that of ICC where the District Magistrate is the head and has sole powers to consititute the LCC.
In such case, the employer has to nominate from other offices/ Administrative units of the work place reffered to in Sub section (I). That means if the Senior level women employee is not available, the employer may nominate as said above and appoint two members from amongst your employees.
You cannot form a LCC. LCC is formed by the Dist. Magistrate/ Collector. You may only form an ICC.
Whilst, in the Constitution and Jurisdiction of Local Complaint's Commitee, you may refer Chapter III of sub-section(I) under 6 -- which says; the LCC can receive the complaints in regards to Sexual Harassment from establishments companies/organizations that cannot form ICC due to less than ten workers or a compalint against the employer himself.
Hope your query has been justified!

From India, Visakhapatnam
Sundar1959
66

Thanks you very much. Sorry for not quoting it properly. Yes I meant ICC.
It is more clear that if anyone who are not able to form ICC, then the Complaint if any is to be lodged with LCC.
Then does the Management has to bear the expenses of Enquiry Officers from LCC? What are the charges and where it has been specified?
I am "zero" in this and hence would like to gain knowledge on this Act.
Big thanks again and look forward to educate me on this query too.
with regards,
sundararaman

From India, Madras
Sharmila Das
990

Please refer to the "Composition tenure and other terms and conditions of LCC under Chapter III, sub section (4) of section 7, which talks about such allowances provided to the members in the Local Complaints Commitee. Also refer the grants sanctioned by the Govt. for such fees under Chapter III section 8 (Grants & Audit).
From India, Visakhapatnam
saswatabanerjee
2383

So, if the commonly is small and does not have senior women employees, they do not have to form ICC ? Or does it have to be done anyway ? I have seen some small factories where there is only 1 or 2 women employee. Is there a limit below which the complain committee does not need to be set up ?
From India, Mumbai
Sharmila Das
990

Dear Mr. Saswatabanerjee,
Small & Medium Companies where there are comparitively lesser no. of women employees/ no senior women employee they can directly approach LCC, the deputing of Presiding officer will be designated by the District Magistrate. An ICC can only be formed with Sr. women employee with 2 other women members.

From India, Visakhapatnam
saswatabanerjee
2383

Taking this thought process ahead, does this mean that small factories with no senior women employee do not have to set up an ICC ?
From India, Mumbai
Sharmila Das
990

When there are less no. of women employee along with NO senior (women) member or the ICC, has not been consitituted due to having less than ten workers then LCC can receive complaints from such establishments.
From India, Visakhapatnam
saswatabanerjee
2383

My query is from a different point of view. I understand com,sin can be filed with the LCC But can the company be penalised for not having ICC ?
From India, Mumbai
Sharmila Das
990

NO, the company will not be penalized or retaliated of not proposing an Internal Complaint’s Commitee in such companies. :)
From India, Visakhapatnam
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