How Do We Form an Internal Complaints Committee Under the Sexual Harassment Act?

Dear Seniors, I request you to please let me know the procedure for forming the Internal Complaints Committee under the Sexual Harassment at Workplace Act 2012. We have already identified the Presiding Officer, two women members, and one member from an NGO. Please suggest the further course of action.

Thanks & Regards,
Vijaya

External Member Requirement in the New Act

Is an external member/NGO still required under the new act? I thought that requirement was done away with.

As per the act, the committee formed by your organization is correct. If there are any complaints, the committee will inquire and take necessary action.

Chapter VI:
- Organize Workshops and Awareness Programmes for the employees.

Chapter VIII:
21 (1) Annual report to be submitted to the employer and the District officer.

This is according to my knowledge. If you have any additional information, please share.

Regards,
Narayan
[Email Removed For Privacy Reasons]

Yes, as per the Prevention, Protection, and Redressal Bill 2013, which has now become law, it clearly mentions that one member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with issues relating to sexual harassment should be included, provided that at least half of the total members nominated should be women. The term of each nominated member is for 3 years from the date of their nomination, as specified by the employer. The new law is now available on e-Gazette under Extraordinary Part II Sec.1, dated 23rd April 2013. You can log on to the Gazette of India and access it under Bills & Acts.

Regards,
Usha

Please find the attached document of the Protection, Prevention, and Redressal Act 2012.

Regards, Usha

This was discussed earlier. The opinion of the members was that you can't form the ICC in such a case; the LCC will take care of complaints with regard to this factory.

Internal Complaints Committee Requirements

All workplaces employing 10 or more workers are mandated under the Act to constitute an Internal Complaints Committee.

There is a clause in the law 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. Furthermore, in case the other offices/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 organization.

I had the same query earlier: What if this is an organization that has no women workers at senior posts?

Appointment of External Member in the Internal Complaints Committee

The clause regarding the appointment of an "external" member 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."

In case we have a person in our company who is an expert in the issues relating to sexual harassment, can we avoid appointing an external member (from an NGO or association)?

Dear ANONYMOUS Friend at posting #13,

When there is a requirement to appoint an external person to a committee, how can you appoint someone internally and avoid selecting an external candidate? You may have no choice but to involve an external person in the internal committee.