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hi,

Can you please suggest me with the sexual harassment committee for my organization. We are an Financial Firm located in Mumbai and as we are going to widen it, please suggest how shall i start with the committee...
19th June 2017 From India, Bengaluru

Dinesh Divekar
Business Mentor, Consultant And Trainer
Sumitk.saxena
Service/manager-hr
Kritarth Consulting
/training & Development | Executive Coaching
Sunielmudgil
Legal And Compliance Consultant
+1 Other

Hi Damini,
THE INTERNAL COMPLAINTS COMMITTEE
Composition
The Company shall constitute an Internal Complaints Committee ("ICC"). The administrative units located at different places, shall have separate ICCs and this shall be functional only for the offices as mentioned in the preamble. At all times ICC shall comprise the following?
a) At least ˝ of the total members so nominated shall be women on the ICC.
b) A senior level woman Employee shall be appointed as the Presiding Office of the ICC ("Presiding Officer"). In case, at a given time, the senior woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units. The Presiding Officer shall vacate her office upon ceasing to be Employee of the Company.
c) Minimum two members of the ICC will be appointed from amongst employees who are preferably committed to the cause of women or who have experience in social work or have legal knowledge in this field. The members shall automatically vacate their office upon ceasing to be Employee of Company.
d) One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to Sexual Harassment.
e) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
f) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Complaints Committee, by the employer, as may be prescribed.
g) Where the Presiding Officer or any Member of the ICC –
i. contravenes the provisions of section 16 of The Sexual Harassment Of Women At Workplace Act, 2013, or
ii. has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him/her, or
iii. has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against her/him, or
iv. has so abused his/her position as to render the continuance in office prejudicial to the public interest,
v. Such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.

Thanks and regards,
Rakhi Chandna
19th June 2017 From India, New Delhi
Dear Damini,

This is in addition to what Rakhi has written. In her reply, paragraph (d) reads "One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to Sexual Harassment."

I have recommendation for external member. Her name is Mrs Jyotsna Datar and her mobile No is +919321044003. She conducts training programmes on sexual harassment and also is a external member for various companies. She resides at Vashi, Navi Mumbai.

Thanks,

Dinesh Divekar
19th June 2017 From India, Bangalore
Dear Guidance-Seeker,

Your Query: "How do I start with the Constitution of ICC (Internal Complaints Committee) in your growing Organization? Damini Yedalwar, Bengaluru

Guidance from Harsh K Sharan, Spl Educators, Posh Programs & Member (External), ICC:

Every Employer in India is now Law-bound / liable to "Provide Protection to Woman from Sexual Harassment at Workplace" and responsible, consequently to Create a Safe and Secure Workplace Where No Woman Shall Be Subjected to Sexual Harassment.

Now that every Workplace is covered by the aforesaid Law namely "Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed and gazetted on 9.12.2013,

Every Employer has Ten (10) Legal Duties / Liabilities as stipulated under Section 19 of the above-mentioned Act to be read together with Section 2 and Section 4 of the said Act according to which s/he must constitute the ICC (Internal Complaints Committee) for each of the Establishments located at separate Geographical locations ( having separate License or Establishment Certificate or Permission).

Please note that all Entities / Companies, Establishment registered under the Companies Act, are Mandated under Section 134 (Non-Financial Disclosures) to declare that they have complied with the Law / the provisions of SH WW Act 2013 included.

Since there is No Exemtion, whatsoever, please take the below mentioned Action-Steps Immediately

1. Let your Employer, by an order in writing, issue a Notice/Circular notifying Constituion of the ICC /ICCs for the respective Establishments ( the Employer is the Person who has ultimate control over the affairs of establishment); and

2. Nominate Minimum Four (4) Members ICC comprising of i) The Presiding Officer who shall be a senior Woman Employee+ ii) Two (2 nos) more / additional Employees and iii) One Member (External) / Non-Employee who is well-versed / fully -familiar with the Issues of Workplace Related Sexual Harassment, keeping the Guideline in view that 50% of the ICC Members so constituted shall always be Women-Members i.e Minimum 2 of 4 Members; and

3. Notify formation & functioning of the ICC by a Notice displayed at conspicuous Place containing Names and Contact Tel Nos and Email IDs etc; along with

4. Properly Framed and Adopted by the Establishment a Comprehensive Policy of the Establishment applicable to at the entire Premises of the concerned Establishment for faithful adherence by one and all;

5. Organize Mandatory / Legally Compulsory Programs for the ICC Members namely a) Orientation Program to apprise the ICC Members of their 25 Legally-enforceable Duties, Responsibilities and Roles and make them fully-conversant therewith; and b) Capacity & Skills Building Program for the ICC Members to prepare them thoroughly to discharge their Legal Duties like

- Holding Conciliation Proceeding at the behest of the Complainant;
- Conducting Inquiry into Sexual Harassment Complaints submitted by the Aggrieved Woman Complainant in accordance with the Principles of Natural Justice as well as the Inquiry Procedures laid down by the Apex Judiciary for such Internal Inquiries;

- How to Write Inquiry Report with definite Findings;
- How to determine Compensation claimed by the Complainant;
- How to make Recommendations to the Employers in respect of Requests for her or the Respondent's Deployment elsewhere, About Leave Grant and last but not the Least
- How to Prepare and File the Annual Statutory Report under theSignature of the Presiding Officer before the District Officer for the Calendar years beginning 2013 onwards etc

For further clarifications and or Assistance, you or anyone else are INVITED to contact

The Spl Educators PoSH Programs

20.6.2016
20th June 2017 From India, Delhi
Damini,

As per the act, it is mandatory for every workplace to have an Internal Complaints Committee (ICC) that would play a critical role in prevention, prohibition and redressal of sexual harassment at the workplace.

Some Feature of the Act –
• The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints.
• The definition of "aggrieved woman", who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
• While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
• Any workplace with more than 10 employees needs to implement it. (Irrespective of the fact that there is no women employee)
• The Hon’ble High Court had imposed penalty of Rs. 1,68,00,000/- (Rupees One Crore Sixty Eight Lakh) for failure of the Employer to form an Internal Complaints Committee as per the Act.
• In a recent case, LCC fined Rs. 18.00 Lacs on former Senior Deputy Mayor in a complaint of Sexual Harassment.
• Implementation of The act and formation of ICC is MANDATORY.

Employer Liability
• To provide safe working environment for women employee free from sexual harassment and discrimination.
• To constitute Internal Complaints Committee (at all administrative offices/units, as per case)
• To display the info about ICC on the notice board or at any such place, which is, easily seen by the female employees.
• To share above info over email or visibly accessible on the company’s official website
• Training of ICC Members and employees as per Act
• To form an Anti Sexual Harassment Policy
• Preparation of Annual Report, as per the Act

Note - Employers who fail to comply the Act shall be punished with a fine of up to Rs. 50,000 on first instance and Rs. 100000/- on second time as well as cancellation of trade license.

Our team provides professional consultation services to help you form the ICC in your organisation. We will also provide a kit which contains the main provisions of the act in simple language, do’s and don’s etc. to each committee member.

We will

1. Constitute Internal Complaints Committee,
2 Draft Anti Sexual Harassment policy,
3 establish and clarify the roles and functions of each member of ICC,
4 Train the ICC members,
5 Provide relevant literature, pics, posters, banners etc,
6 Provide any other help as required under the provision of the act.

Advocate Suneel Moudgil-
Mobile - 9215507001


For more info visit –

juristshub.blogspot.in
21st June 2017
Here are the guideline set up by Hob'l supreme court of india enclosing the same "Guidelines and norms laid down by the Hon’ble Supreme Court in
Vishaka and Others Vs. State of Rajasthan and Others" for the reference.
Thanks & Regards,
From,
Sumit Kumar Saxena
26th June 2017 From India, Ghaziabad

Attached Files
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File Type: pdf Vishaka_Guidelines.pdf (89.7 KB, 39 views)
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