Dear Ms. Vrushali Chandurkar,
Your Query: - “To form an Internal Complaint Committee which documents employer needs to issue? Is there any Registration Process? Need your valuable suggestions.
Our Answer:-
1. Documents Every Employer is Law-Bound to issue/Create & Maintain.
i). A Written Order notifying to all Employees & Others
a) That the Internal Committee (IC) has been constituted in the Establishment* as per the Provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules gazetted on 9.12.2013;
b) Mentioning the Names, Designation, Dept, Contact Tele Nos & Email id of the Presiding Officer and each Member of the IC including that of the Member (External);
c) That Sexual Harassment is treated as Violation of Fundamental Rights of Women to Life with Dignity as well as an Act of Misconduct as per the Service Rules or the Standing Orders and Punishable as per the Rules or the Orders; and, inter alia
d) Inform all Employees and Others of the Key Provisions of the said Act especially relief available to an Aggrieved Women-Employee; and
e) Inform all Employees about the Mode of lodging /submitting /reporting Complaints of Sexual Harassment including the Online Complaint Registration e-Portal named She-Box launched by Central Govt. Ministry of Women & Child Development.
This Order, in Official Letter Head, should be issued under Signature & Office Seal of the Employer or the Person so authorized to sign such Orders, for and on behalf of the Employer.
(The Expression “Employer” means and includes the Person who has the ultimate Control, Authority over the affairs of the Establishment).
This Order must be displayed conspicuously on the Notice Boards in the Establishment, in English and the Vernacular.
ii). Nomination Letters
Nomination Letters, in Office Letter Head, addressed to a) Each of the Minimum 3 Employee-Members and b) to the Non-Employee Member (External) need to be issued by Every Employer specifying the Period of their Nomination as IC Members.
The Letter to the Member (External) should contain the Terms of their Nomination including Fees or Honorarium etc payable to IC Member (External).
iii). Record & Report of Mandatory Programs for IC Members.
Record of Twin Programs mandatory for the IC Members (Sectio-19), duly attested /authenticated by Spl Educators who conduct these Programs must be kept/maintained for Inspection by Govt. Authorities (Sections-23 & 25) of the respective States/Provinces and for inclusion in Company’s Annual Report (Section-22) and in the Annual Report to be Filed before the DO by IC Presiding Officer under her Signature (Rule-14) for Calendar Year 2013, onwards.
iv). Record & Report of Mandatory Programs for Employees
Record of Awareness Programs for Employees, to be organized at regular Intervals by Every Employer (Section-19 Employers Duties) duly attested /authenticated by Spl Educators who conduct these Programs must be kept/maintained for Inspection by Govt. Authorities (Sections-23 & 25) of the respective States/Provinces and for inclusion in Company’s Annual Report (Section-22) and in the Annual Report to be Filed before the DO by IC Presiding Officer under her Signature (Rule-14) for Calendar Year 2013, onwards.
2. There is No Registration Requirement for IC and matters related & connected therewith.
IC is a Legal Entity, independent of any control or Supervision, whatsoever of the Employer or any other Person or Body as it is Self-Managed accountable only to the Laws for any misdeed.
Every Employer, under Section-19, is to “Monitor” Reports submitted to the Employer and the Filing of Annual Report before District Officer only under the signature of IC Presiding Officer.
The Presiding Officer OF Internal Committees need not “File” or send any Report to the Office of the Labour Commissioner.
Clarifications and or Request for Assitance Are Welcome.
Sharan,
Spl Educators Team of
Transformatix P Solutions
[Login to view].
26 Nov 2017