HR & IR Segment, Nagpur
Your Qury:--"Kindly let me know the minimum number of female employees, which makes it mandatory to form a anti sexual harassment committee."
Clarification Offered by Kritarth Team of Spl Educators:-- Nowhwere it is stipulated or Hinted even remotely, that to Constitute the Internal Committee, a Minimum Number of Women employed on th Muster Roll of any Workplac is required.
The Internal Committee is to be constituted by Every Employer under Section-4 of the Sexual Harassment of Women at Workplac (Prevntion, Prohibition & Rdressal) Act 2013.
The Local Committee is constituted under Section-6 by Every District Officer in the District concerned, to receive complaints of Sexual Harassment from Establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint is against the Employer himself.
So, eevn liberally interpreting, the No of Workers/Employed Persons/Employees in Establishments/Organizations is Less Than Ten and Not more than 10 workers, is required to have a Internal Committee as per the prevention of Sexual harassment at workplace act 2013, as erroneously advanced by another Contributor.
Now when anyone reads the Definition of the Term "Employee" as in Section-2 of the said Act 2013, s/he would note that Even the Contract Worker and or others . Section 2 (f) is quoted below for ready refernce:--
“Employee” means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;"
Kritarth Team is ready for any assistance in this regard
Please refer to the handbook attached. Section 3.2.1 mentions the role of ICC and LCC. For LCC, it reads as:
"2) Local Complaints Committee (LCC)
The District Officer will constitute an LCC in every district so as to enable women in the unorganised sector or small establishments to work in an environment free of sexual harassment. The LCC will receive complaints:
1. From women working in an organisation having less than 10 workers;
2. When the complaint is against the employer himself;
3. From domestic workers."
Hence for employers having less than 10 workers, the aggrieved woman can reach the LCC and it is not mandatory to have an ICC.
There is some logic to used here, ICC requires a minimum of 3 employees to be a part of it with a minimum of 50% representation from women. It also requires the chairperson of ICC to be a senior level women employee. Thus an employer with less than 10 employees may not have the capability to constitute a competent ICC or investigate matters related to Sexual Harassment, hence the aggrieved woman is to approach the LCC.
Hope it clarifies.