How to Form a Local Complaint Committee with Few Women Employees? Seeking HR Insights

Request for Clarification on the Constitution of the Local Complaint Committee

I request the seniors of the HR fraternity to clarify the constitution of the Local Complaint Committee.

In case any organization has 2 to 10 women employees at a lower level and no senior-level women employee is employed, and if the (small - obviously) organization operates only in one place, what is the procedure to be followed for forming the Local Committee in compliance with this Act?

I look forward to your detailed clarification.

Advance thanks,

B. Sundararaman

Dear Mr. Sundar 1959,

First of all, you've been talking about the "Internal Complaint's Committee" (ICC). The Local Complaints Committee (LCC) is different from the ICC, where the District Magistrate is the head and has the sole power to constitute the LCC.

The organization does have 2 to 10 women employees at a lower level, and no senior-level women employee is employed. In such a case, the employer has to nominate from other offices/administrative units of the workplace referred to in subsection (I). That means if the senior-level women employee is not available, the employer may nominate as said above and appoint two members from amongst your employees.

If the (small - obviously) organization operates only in one place, what is the procedure to be followed to form the Local Committee in compliance with this Act? You cannot form an LCC. The LCC is formed by the District Magistrate/Collector. You may only form an ICC.

In the Constitution and Jurisdiction of the Local Complaint's Committee, you may refer to Chapter III of subsection (I) under 6, which says the LCC can receive complaints regarding sexual harassment from establishments, companies, or organizations that cannot form an ICC due to having fewer than ten workers or a complaint against the employer himself.

Hope your query has been justified!

Thank you very much for your message. I apologize for not quoting it properly. Yes, I meant ICC. It is clearer that if anyone is unable to form ICC, then any complaints should be lodged with LCC. Does the management have to bear the expenses of Enquiry Officers from LCC? What are the charges, and where are they specified? I am "zero" in this and hence would like to gain knowledge on this Act.

Thank you again, and I look forward to you educating me on this query too.

Regards,
Sundararaman

Thank you very much. Sorry for not quoting it properly. Yes, I meant ICC. It is clearer that if anyone is not able to form ICC, then any complaint is to be lodged with LCC. Does the management have to bear the expenses of Enquiry Officers from LCC? What are the charges and where are they specified? I am "zero" in this and hence would like to gain knowledge on this Act. Big thanks again and looking forward to being educated on this query too.

With regards,
Sundararaman

Please refer to the "Composition tenure and other terms and conditions of LCC under Chapter III, subsection (4) of section 7," which discusses the allowances provided to the members in the Local Complaints Committee. Also, refer to the grants sanctioned by the Government for such fees under Chapter III, section 8 (Grants & Audit).

So, if the company is small and does not have senior women employees, do they have to form an ICC? Or is it required regardless? I have seen some small factories where there are only 1 or 2 female employees. Is there a limit below which the complaints committee does not need to be set up?

So, if the company is small and does not have senior women employees, do they not have to form an ICC? Or does it have to be done anyway? I have seen some small factories where there are only 1 or 2 women employees. Is there a limit below which the complaints committee does not need to be set up?

Guidelines for Small and Medium Companies

Small and medium companies with relatively fewer women employees or no senior women employees can directly approach the LCC. The Presiding Officer will be designated by the District Magistrate. An ICC can only be formed with a senior woman employee along with 2 other women members.

Regards.

Taking this thought process ahead, does this mean that small factories with no senior women employees do not have to set up an ICC?

Approaching the Local Complaint Committee (LCC)

Small and medium companies where there are comparatively fewer women employees or no senior women employees can directly approach the LCC, with the Presiding Officer designated by the District Magistrate. An ICC can only be formed with a senior woman employee and two other women members.

Regards

When there are fewer women employees, and no senior (women) member or the ICC is not constituted due to having less than ten workers, the LCC can receive complaints from such establishments.

My query is from a different point of view. I understand complaints can be filed with the LCC. But can the company be penalized for not having an ICC?

Dear HR,

If no female is employed in the factory, is the S.H. Act applicable? If yes, how should the ICC be formed? Is the induction of an NGO mandatory, or can another person be inducted in their place?

Regards,
P.P. Singh