Internal Complaints Committee (ICC) Requirements
On enforcement of the Act of 2013, every employer in the workplace needs to constitute an Internal Complaints Committee (ICC). This committee should consist of one Presiding Officer, a minimum of two members among employees, and one member from an NGO committed to the cause of women or a person familiar with issues relating to sexual harassment.
The Presiding Officer should be a senior-level female employee from the workplace. If a senior-level female employee is not available from the workplace, then a senior-level female employee shall be nominated from other offices, administrative units, or any other workplace of the same employer, department, or organization.
Therefore, a minimum of four members are required to constitute this committee, and half of the members in the committee should be women.
In case any employer fails to constitute this committee (ICC) or contravenes/attempts to contravene/abets contravention of any of the provisions of this Law, there is a fine of up to Rs. 50,000/-.
To my knowledge, there is no mention in the Act anywhere about the requirement of a minimum number of total employees or a minimum number of women employees to form this committee (ICC). However, Government Authorities are insisting on the committee if you have more than 10 employees.
I am attaching a sample of the Notice of the constitution of this committee for your reference.
Regards,