Damini,
As per the act, it is mandatory for every workplace to have an Internal Complaints Committee (ICC) that would play a critical role in prevention, prohibition and redressal of sexual harassment at the workplace.
Some Feature of the Act –
• The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints.
• The definition of "aggrieved woman", who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
• While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
• Any workplace with more than 10 employees needs to implement it. (Irrespective of the fact that there is no women employee)
• The Hon’ble High Court had imposed penalty of Rs. 1,68,00,000/- (Rupees One Crore Sixty Eight Lakh) for failure of the Employer to form an Internal Complaints Committee as per the Act.
• In a recent case, LCC fined Rs. 18.00 Lacs on former Senior Deputy Mayor in a complaint of Sexual Harassment.
• Implementation of The act and formation of ICC is MANDATORY.
Employer Liability
• To provide safe working environment for women employee free from sexual harassment and discrimination.
• To constitute Internal Complaints Committee (at all administrative offices/units, as per case)
• To display the info about ICC on the notice board or at any such place, which is, easily seen by the female employees.
• To share above info over email or visibly accessible on the company’s official website
• Training of ICC Members and employees as per Act
• To form an Anti Sexual Harassment Policy
• Preparation of Annual Report, as per the Act
Note - Employers who fail to comply the Act shall be punished with a fine of up to Rs. 50,000 on first instance and Rs. 100000/- on second time as well as cancellation of trade license.
Our team provides professional consultation services to help you form the ICC in your organisation. We will also provide a kit which contains the main provisions of the act in simple language, do’s and don’s etc. to each committee member.
We will
1. Constitute Internal Complaints Committee,
2 Draft Anti Sexual Harassment policy,
3 establish and clarify the roles and functions of each member of ICC,
4 Train the ICC members,
5 Provide relevant literature, pics, posters, banners etc,
6 Provide any other help as required under the provision of the act.
Advocate Suneel Moudgil-
Mobile - 9215507001
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For more info visit –
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