As we are calling it an internal complaints committee no registration process is required.
But we need to report on annual basis for the committee activities to the Designated Officer /Labour Commissioner once in a year.
Please follow these steps initially.
1. Form a committee internally (maximum five members-Majority females) which should have a chair person and members.
2. They should be explained their roles to conduct enquiries (if compaint received) and decide on the enquiry with a proper report, where the report is submitted verdict lies with the Management
3.Conduct frequent meetings and create awareness on the Internal Committees structure,purpose.
4. Document the meetings and complaint records with confidentiality.
Pl go throgh thr inserts to get your doubts clarified;
Constitution of Internal Complaints Committee.
1. Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee":
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.
3. 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.
4. 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 Committee, by the employer, as may be prescribed.
5. Where the Presiding Officer or any Member of the Internal Committee,- -
a. contravenes the provisions of section 16; or
b. 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; or
c. he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
d. has so abused his position as to render his continuance in office prejudicial to the public interest, 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
The term " Internal Complaints Committee" has been recently updated as "Internal Committees". The internal committee shall consist of the following members to be nomination by the employer, namely:
1. One Presiding Officer [As per section 4(2) of this act, a Presiding Officer shall be a woman employed at a senior level at the workplace from amongst the employees.]
2. not less than 2 members from amongst employees
3. one External Member [a 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.]
4. Provided that at least one-half of the total Members so nominated shall be women.
As per section 6 of the act, if a company has not constituted a internal committee as it is having less than 10 employees or the complaint is against the employer itself, the District Officer of the concerned district shall constitute a committee to be known as the "Local Committee" to receive complaints of sexual harassment.
As per section 21(1) of the act, The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.
So as per my understanding there is no specific registration required for forming the internal committee. But it is always nice to maintain the minutes of the meetings of the committee as well as the detailed report of the cases handled by the committee. Also, the committee should run some workshops or awareness programs. All these may be submitted to the labor commissioner as a annual report as per the norms of the act. The Board Report of the Company prepared as per Section 134(3) of the Companies Act, 2013 may also be furnished to the labor commissioner as a annual report.
Thanks and Regards
Your Query: - “To form an Internal Complaint Committee which documents employer needs to issue? Is there any Registration Process? Need your valuable suggestions.
1. Documents Every Employer is Law-Bound to issue/Create & Maintain.
i). A Written Order notifying to all Employees & Others
a) That the Internal Committee (IC) has been constituted in the Establishment* as per the Provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules gazetted on 9.12.2013;
b) Mentioning the Names, Designation, Dept, Contact Tele Nos & Email id of the Presiding Officer and each Member of the IC including that of the Member (External);
c) That Sexual Harassment is treated as Violation of Fundamental Rights of Women to Life with Dignity as well as an Act of Misconduct as per the Service Rules or the Standing Orders and Punishable as per the Rules or the Orders; and, inter alia
d) Inform all Employees and Others of the Key Provisions of the said Act especially relief available to an Aggrieved Women-Employee; and
e) Inform all Employees about the Mode of lodging /submitting /reporting Complaints of Sexual Harassment including the Online Complaint Registration e-Portal named She-Box launched by Central Govt. Ministry of Women & Child Development.
This Order, in Official Letter Head, should be issued under Signature & Office Seal of the Employer or the Person so authorized to sign such Orders, for and on behalf of the Employer.
(The Expression “Employer” means and includes the Person who has the ultimate Control, Authority over the affairs of the Establishment).
This Order must be displayed conspicuously on the Notice Boards in the Establishment, in English and the Vernacular.
ii). Nomination Letters
Nomination Letters, in Office Letter Head, addressed to a) Each of the Minimum 3 Employee-Members and b) to the Non-Employee Member (External) need to be issued by Every Employer specifying the Period of their Nomination as IC Members.
The Letter to the Member (External) should contain the Terms of their Nomination including Fees or Honorarium etc payable to IC Member (External).
iii). Record & Report of Mandatory Programs for IC Members.
Record of Twin Programs mandatory for the IC Members (Sectio-19), duly attested /authenticated by Spl Educators who conduct these Programs must be kept/maintained for Inspection by Govt. Authorities (Sections-23 & 25) of the respective States/Provinces and for inclusion in Company’s Annual Report (Section-22) and in the Annual Report to be Filed before the DO by IC Presiding Officer under her Signature (Rule-14) for Calendar Year 2013, onwards.
iv). Record & Report of Mandatory Programs for Employees
Record of Awareness Programs for Employees, to be organized at regular Intervals by Every Employer (Section-19 Employers Duties) duly attested /authenticated by Spl Educators who conduct these Programs must be kept/maintained for Inspection by Govt. Authorities (Sections-23 & 25) of the respective States/Provinces and for inclusion in Company’s Annual Report (Section-22) and in the Annual Report to be Filed before the DO by IC Presiding Officer under her Signature (Rule-14) for Calendar Year 2013, onwards.
2. There is No Registration Requirement for IC and matters related & connected therewith.
IC is a Legal Entity, independent of any control or Supervision, whatsoever of the Employer or any other Person or Body as it is Self-Managed accountable only to the Laws for any misdeed.
Every Employer, under Section-19, is to “Monitor” Reports submitted to the Employer and the Filing of Annual Report before District Officer only under the signature of IC Presiding Officer.
The Presiding Officer OF Internal Committees need not “File” or send any Report to the Office of the Labour Commissioner.
Clarifications and or Request for Assitance Are Welcome.
Spl Educators Team of
Transformatix P Solutions
26 Nov 2017