member of Internal complaint committee as per prevention of sexual harassment - CiteHR
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I have observed in many companies with small setup have their CEO being part of Internal committee. to mu understanding CEO/MD cannot be part of the IC. please confirm.
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If the CEO is woman employee of the company then they can be part of the committee please find below the extract for better understanding

2. The Internal Committee shall consist of the following members to be nominated by the employer, namely:—

a. a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:

Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (l):

Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;

b. not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;

c. one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be women.
The jurisdiction to initiate inquiry on a complaint against the head of the organisation or the Employer lies with the Local Committee. If CEO is the employer the Complaint against the person should be filed with the Local Committee. IC has no role in such cases.

Local Committee is constituted to deal with the flowing scenarios:

1. Where the employee strength is less than 10 and it is not possible to constitute and Internal Committee.

2. When the complaint is against the employer.

Nodal officers are appointed at block, taluka, tehsil level or at ward, municipality level who can receive complaints and should forward the same to the Local Committee within seven days. District Officer has the powers to constitute the Local Committee as prescribed under Section 7 of the SHWWPPR Act 2013.

Whos is the Employer according to the Act?

Section 2(g) of the SHWWPPR Act 2013 defines the term employer. Broadly it can be understood from the definition that Employer is any person responsible for the management, supervision and control of the workplace. “Management” includes the person or board or committee responsible for formulation and administration of policies for such organisation; the person discharging contractual obligations with respect to his or her employees;

Kindly contact for clarification.

Thank you



(Bangalore)
Why the CEO/MD in an Establishment/Workplace Need Not Be a Member or Presiding Officer of ICC (Internal Complaints Committee) - Points to Ponder

The rationale behind the aforesaid proposition includes the following:

i) The Term "Employer" connotes, means and includes such Person who has "ultimate control over the affairs of the Establishment and going by this definition, description and meaning the Term "Employees as a cadre" do not have the "prerogatives" or "privileges" or the ultimate "authority" delegated to them as in the sole case of thePerson designated as Employer. The Official Status of the aforesaid Two separate Identities in the Hierarchical Organization was meant to be distinct/different;

ii) The Singular Person designated as Employer in respect of any Establishment for the purpose of liability before the Laws of the Land and accountability before the Statutes Compliance or for that matter for levying Penalties is the One Sole Person as far as discharging Employers Duties under Section 19 of the SHWW (P, P & R) Act 2013 and Constitution of the ICC and Nominating the ICC Members are concerned;

The Employer is the Singular Person who is liable to "monitor" the Timely submission of the Reports by the ICC such as Annual Statutory Report (Rule 14) and the ICC Inquiry Reports with Findings or Conciliation Settlement Report or variopusRecommendations from the ICC.

Keeping the said "Rationale" in view and in view of the Special Legal Status legally accorded to the Person discharging the Duties of Employer, it is expedient that she or he ought Not Self-Nominate himself / herself either as a Member or Presiding Officer of the ICC which once Constituted under Section 4, exists and operates/functions as an Independent Legal Entity uninfluenced by any external or internal interference or influence whatsoever.

Further, the induction of a Non-Employee Outsider as Member (External) on the ICC was intended to ensure extar modicum of Independence of the ICC and once so consitutted the ICC shall not report to or shall be subservient to anyone including the Employer and except the Laws applicable to Functioning of the ICC.

Kritarth Team of Spl Educators as defined in the said Act and the Rules framed thereunder earnestly accepts the said "Rationale" as Most Rational initiative/step in the right direction of Doing Justice to the Cause of providing protection to woman from Sexual Harassment at Workplace which remain the Objective of the Act 14 0f 2013.

We llok forward to healthy tete-a-tete on the matter

Team Kritarth



2nd June 2017
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