Formation Of ICC Committee - CiteHR
Kritarth Consulting
Spl Educators Posh Programs; Hr & Ir
Rajesh Kumar Dubey
Manager - Hr
Lwohr
Manager - Hr
Saurabh23_
Manager
JAYAKUMAR C
Ir Specialist
+1 Other

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If we have only 19- 20 female employees out of 250 workers strength so is it mandatory to form the ICC committee in my factory? if yes how we form the same. Can works commt choose the members of ICC out of 250 workers or not, kindly provide the solution.
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Dear Saurabh,
ICC is required to be formed by every organization having 10 or more employees (irrespective of their gender).
You will have to constitute an ICC.
Please choose senior people from who have the sensitivity and maturity to handle the matters related to sexual harassment.
You will also need an external member on the same.
We can help you with the nomination of the external member as well as help in constitution of ICC and ensure all other compliances under the POSH law.
Please feel free to connect with us to discuss and take this further,
Thanks,
Kind Regards,
Avika Kapoor
Vice President - Operations
Website: Kapgrow corporate advisory services Pvt. Ltd.

Hello,
Here are the answers to your query:-
Any establishment which employees 10 or more employees is bound to constitute an ICC as per the provisions of the Act. It does not matter whether this threshold employees comprises women employees or not. When you constitute the ICC, please remember to have a minimum women representation of 50% and it should also be headed by a woman (Presiding Officer) holding reasonably a senior position. You can do the nominations from the existing workforce. You should also get an external representation in ICC predominantly NGO's working in the domain of women related social issues. The Management or in the factory environment for that matter the "Occupier" should choose and notify the ICC members.
Thanks
Dear Mr Saurabh

You need Self-Help and Expert's Help.

Self-Help is carefully go through the Provisions/Sections of the New Law namely Sexual Harassment of Woman at Workplace (Prevention Prohibition & Redressal) Act 2013 and the Rules framed thereunder and since gazetted.
You will know about Employer's Duties under Section -19 and Employer's liability under the said Act failing which Stern Penalties are levied under the said Act as well as under the Companies Act Section 134.

Penalties include Cancellation of Factory License or its Non-Renewal and Fine of up to Rs.50000/- for 1st Offence and Twice the Fined Amount for Repeat Office. Take note that the Statutory Provisions of SHWW (PP &R) Act 2013 came into effect w.e.f. 9.12.2013 and the Annual Statutory Report under Signature of the Presiding officer of the respective ICCs must by Filed before the District Officer for the Calendar Year beginning 2013 onwards.

Please also note that there are No Exemption or Impunity under SHWW Act 2013.

External Help of a Spl Educator as defined in the said Act and the Rules will be required in a) Conducting Mandatory the Mandatory Twin Programs for the ICC Members namely i) Orientation Program ( making ICC Members fully-familiar with their 25 Duties/Tasks) and ii) Mandatory Capacity & Skills Building Program ( making them fully aware and capable to Conduct Conciliation Proceedings, Conducting Inquiry Proceedings in accordance with the Principles of Natural Justice which will include Writing Inquiry Report with the Findings etc and making Recommendations to the Employers and Preparing the Annual Report to be Filed before the D O).

Further as prescribed in Section 4 of the SHWW Act 2013, every Employer is legally-bound to constitute ICC in the Establishment and in all divisional or Branch Offices.

Please note that all such Establishments fall in the jurisdiction of the Local Complaint Committee where the Employers have not yet constituted the ICC.

You also need the Expertise of a Spl Educator to conduct the Mandatory Awareness Programs for all Employees to make them fully-familiar with the Provisions of the said Act and with Gender Sensitivity.

Every Employer in India is legally-bound to constitute the Mandatory Internal Complaints Committee in their Establishment - Industrial or Commercial.

You also need a Person to serve in your ICC as Member (External) who must be fully-familiar with Issues of Sexual Harassment of Woman at Workplace and is Experienced and Competent to help your Employer in Setting Up Mechanism
to create a Safe and Secure Workplace Where No Woman Shall Be Subjected to Sexual Harassment.

Kritarth Team's Spl Educators have been serving many Corporate and Institutions in conducting the Mandatory Programs and are Nominated as their ICC Member (External)

Now, if you need Experts in issues of Sexual Harassment of Woman at Workplace to help you comply with the New Law you may contact us at

Kritarth Team
info@kritarth.in /shakti@kritarth.in
26.8.2016

Kritarth PoSH Implementation Team is led by Harsh K Sharan XLRI Alumnus,Former VP-HR
Dear Saurabh,
It is mandatory for all organization to constitute "Internal Complaint Committee" ICC if the organization having 10 or more women employee.
Secondly Occupier or Director the company will constitute Committee members nominated from working fellow. The Presiding officer of the committee will be women having senior position.
1) Presiding Officer - 01 ( Women Category)
2) Another member -01 ( - do-)
3) Mr ...................... 01 ( Male / Female)
4) Mr........................ 01 ( Male / Female)
In above all members, one person should be having legal back ground and proficient in SHWW Act and Rules. One person may be either from NGO may be hired and nominated having sufficient experience for handling diciliplinary action but your organization have to pay lumsum fee / charges for his / her visit during enquiry / inspection.
Thanks a lot for the information,
Regards,
Mohana
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