Amartyabag
Legal Professional
+2 Others

Thread Started by #attrisenzu

Dear Skippers/Seniors,
Allow me to kindly put forth a query for which I request your valuable guidance.
I have briefly read notes, feedbacks and interactions available on CiteHR on the subject of sexual harassment.
In an agency (below 50 employees) level setup which has 4 branches across India, I wish to help the senior management in creating the INTERNAL COMPLAINTS COMMITTEE.
They do not have a female 'head' for the entire organization, however the Chief MGR - HR (operating out of the head office) is a female employee.
I have a simple query:
Q1) Can she be made the head of the committee?
Q2) If she can, will she be heading the ICC across the branches or still each branch needs a dedicated ICC female head?
Request your inputs,
Regards.
13th February 2014 From India, Gurgaon
Dear Friend,
As per the law passed in april last year, there is no bar on nominating a senior female person from any department as Presiding officer of the ICC. You can certainly appoint your Sr Mgr HR to this position. However, she will be the presiding officer only of the location she operates from.
Every location has to have an independent ICC. 50% of the committee will have to be women. One member should be from outside the organization - versatile with women related issues.
Remember, you have to create awareness amongst men employees for which sessions to sensitize menfolks need to be conducted.
There are a number of pdf documents available on the net. You may like to google those and make a document meeting your requirement.
The law is to be read and implemented in line with Vishakha Guidelines of 1997.
Hope this answers.
Regards
PG
13th February 2014 From India, Delhi
Dear members
On expiry of term of ICC after 3 years can the committee be reconstituted having the same members in the committee or the new members are required to be brought into the committee after expiry of 3 years term? Pls advise
regds
ars
13th February 2014 From India, Delhi
Dear Sir,
Thank you for elucidating the resolution to my query. An extension of the same is below:
> Does the branch manpower capacity need to be more than 10 to avoid approaching a district/zone registered LCC?
> In case a branch has a male head only, how and what does one appoint as the committee head for such setups?
> The agency is run by the MD (male). How would ideally he be a part of all proceedings?
Regards

13th February 2014 From India, Gurgaon
Dear Friend,
It is ICC and not LCC that is applicable here and we are talking about.
It does not matter how small the business is. Senior most female employee will be the presiding officer. You can also have one from other locations of your company in case you dont have one within. However, other members have to be from the same business unit, and, of course one from outside as i mentioned before.
Hope this answers your query. Also please go through the central legislation "The sexual harassment of women at workplace (Prevention, prohibition and Redressal) Act 2013. It is available on net. Google it.
Regards
Prem Goswami
13th February 2014 From India, Delhi
Dear Sir,
Thank you for your response.
However, one still remains unclear.
In case a branch of the same employer has less than 10 members, do we form an ICC (nominating members from other branches)?
Regards
14th February 2014 From India, Gurgaon
In case a branch has less than 10 employees, there is no obligation to form ICC. However, if you are still interested in setting the ICC, you should nominate members from the same branch only.
1st March 2014 From India, New Delhi
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