Dear Guidance-Seeker,
Your Query: "How do I start with the Constitution of ICC (Internal Complaints Committee) in your growing Organization?" Damini Yedalwar, Bengaluru
Guidance from Harsh K Sharan, Spl Educators, Posh Programs & Member (External), ICC:
Every employer in India is now law-bound to "Provide Protection to Women from Sexual Harassment at the Workplace" and is responsible for creating a safe and secure workplace where no woman shall be subjected to sexual harassment.
Now that every workplace is covered by the aforementioned law, namely the "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013" and the rules framed and gazetted on 9.12.2013, every employer has ten (10) legal duties/liabilities as stipulated under Section 19 of the above-mentioned Act. These should be read together with Section 2 and Section 4 of the said Act, according to which he/she must constitute the ICC (Internal Complaints Committee) for each of the establishments located at separate geographical locations (having separate licenses or establishment certificates or permissions).
Please note that all entities/companies, establishments registered under the Companies Act, are mandated under Section 134 (Non-Financial Disclosures) to declare that they have complied with the law/the provisions of the SH WW Act 2013 included.
Since there is no exemption whatsoever, please take the below-mentioned action steps immediately:
1. Let your employer, by an order in writing, issue a notice/circular notifying the constitution of the ICC/ICCs for the respective establishments (the employer is the person who has ultimate control over the affairs of the establishment).
2. Nominate a minimum of four (4) members of the ICC comprising i) The Presiding Officer, who shall be a senior woman employee, ii) Two (2) more/additional employees, and iii) One Member (External)/Non-Employee who is well-versed/fully familiar with the issues of workplace-related sexual harassment, keeping the guideline in view that 50% of the ICC members so constituted shall always be women members, i.e., a minimum of 2 of 4 members.
3. Notify the formation and functioning of the ICC by a notice displayed at a conspicuous place containing names, contact telephone numbers, email IDs, etc.
4. Properly frame and adopt a comprehensive policy of the establishment applicable to the entire premises of the concerned establishment for faithful adherence by one and all.
5. Organize mandatory/legally compulsory programs for the ICC members, namely: a) Orientation Program to apprise the ICC members of their 25 legally enforceable duties, responsibilities, and roles and make them fully conversant therewith; and b) Capacity & Skills Building Program for the ICC members to prepare them thoroughly to discharge their legal duties like:
- Holding conciliation proceedings at the behest of the complainant;
- Conducting an inquiry into sexual harassment complaints submitted by the aggrieved woman complainant in accordance with the principles of natural justice as well as the inquiry procedures laid down by the Apex Judiciary for such internal inquiries;
- How to write an inquiry report with definite findings;
- How to determine compensation claimed by the complainant;
- How to make recommendations to the employers in respect of requests for her or the respondent's deployment elsewhere, about leave grant, and last but not least,
- How to prepare and file the annual statutory report under the signature of the Presiding Officer before the District Officer for the calendar years beginning 2013 onwards, etc.
For further clarifications and assistance, you or anyone else are invited to contact:
The Spl Educators PoSH Programs
[Email Removed For Privacy Reasons]
20.6.2016