Confused About Committee Titles: Sexual Harassment Redressal or Internal Complaint?

Dear Seniors,

Which is the correct committee title, Sexual Harassment Redressal Committee, or Internal Complaint Committee? I need clarification, please suggest to me.

"Prevention of Sexual Harassment at Workplace Complaints Committee"

In workplaces, it is crucial to establish a Complaints Committee to address issues related to sexual harassment effectively. This committee plays a vital role in preventing and addressing instances of sexual harassment in the workplace. By creating a safe space for employees to report any misconduct or harassment they may face, the committee contributes to fostering a respectful and inclusive work environment. Employees should feel confident that their complaints will be taken seriously and handled professionally by the Complaints Committee. Training members of the committee on handling sensitive issues with empathy and confidentiality is essential to ensure a fair and thorough investigation process. Regular awareness programs and training sessions for all employees can also help in preventing incidents of sexual harassment and promoting a culture of respect and dignity in the workplace.

As per the provisions of the Act, the nomenclature of the committee is "Internal Compliance Committee" (in short ICC). However, by virtue of the amendment to the Act notified in the Gazette Notification on 9th May 2016 – Extraordinary Part II Section 1 - Second Schedule, the nomenclature was changed to "Internal Committee." Hence, the correct title is "Internal Committee."

I am associated with a few MNCs as an External Member of the IC on a PAN INDIA BASIS.

Regards, P.S. Lakshmanan
S.G. Management Services
Kolkata
[Phone Number Removed For Privacy-Reasons]

Hi,

As per the provisions of the act, it is 'Internal Committee', which means an Internal Complaints Committee (not internal compliance committee). Refer to sec. 2(h) of the act.

It has to be "Internal Committee" as per the provisions of law.

The Legal Provision

Chapter II: Constitution of Internal Complaints Committee

4. 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": Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional levels, the Internal Committee shall be constituted at all administrative units or offices.

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 the 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 (1): 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 organization;

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 organizations 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 organizations 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.

In the above provision, both "Internal Complaints Committee" and "Internal Committee" have been used.

Regards, V.Sounder Rajan - HR Law and Employment Law Attorney for Indian Contract Staffing Industry [Phone Number Removed For Privacy-Reasons]

Dear Seniors,

Which is the correct committee title, Sexual Harassment Redressal Committee or Internal Complaint Committee? I need clarification. Please suggest to me.

Amendments to the Sexual Harassment Act

This is just to keep you informed that the Ministry of Law & Justice has published a Gazette Notification on 9th May 2016, Extraordinary Part II Section 1, notifying The Repealing and Amendment Act, 2016. This Act repeals various enactments included in the First Schedule and amends certain enactments included in the Second Schedule, including The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

For amendments to Section 6, 7, and 24, please refer to Page 14 of the Second Schedule of the Notification. The following are the amendments to the Sexual Harassment Act:

(i) For the words "Local Complaints Committee," wherever they occur, the words "Local Committee" shall be substituted.

(ii) For the words "Internal Complaints Committee," wherever they occur, the words "Internal Committee" shall be substituted.

The role of the sexual harassment committees will not be restricted to complaint resolution but will encompass prevention and many other responsibilities.

A copy of the aforesaid Gazette Notification is attached herewith for your kind perusal.

Regards,
P.S. Lakshmanan
S.G. Management Services
Kolkata