Internal Complaint Committee Setup: What Documents Are Needed and Is Registration Required?

To form an Internal Complaint Committee, what documents does the employer need to issue? Is there any registration process? I need your valuable suggestions.

Internal Complaint Committee: For what purpose?

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In organizations, an Internal Complaint Committee (ICC) serves the purpose of addressing and resolving issues related to harassment, discrimination, or any other form of misconduct in the workplace. The ICC is responsible for providing a safe and respectful work environment for all employees by investigating complaints, conducting inquiries, and taking necessary actions to address the issues raised. Additionally, the ICC plays a crucial role in promoting a culture of inclusivity, equality, and fairness within the organization.

As we are calling it an Internal Complaints Committee, no registration process is required. However, we need to report annually on the committee activities to the Designated Officer/Labour Commissioner once a year. Please follow these steps initially:

1. Form a committee internally (maximum five members - majority females) which should have a chairperson and members.
2. Ensure they understand their roles in conducting inquiries (if a complaint is received) and making decisions on the inquiry with a proper report. The final verdict should lie with the Management.
3. Conduct frequent meetings and raise awareness about the Internal Committee's structure and purpose.
4. Document the meetings and complaint records with confidentiality.

Thank you.

Dear Vrushali, please go through the inserts to get your doubts clarified:

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":

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. 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.

Internal Committees Update

The term "Internal Complaints Committee" has recently been updated to "Internal Committees." The internal committee shall consist of the following members to be nominated by the employer:

1. One Presiding Officer [As per section 4(2) of this act, a Presiding Officer shall be a woman employed at a senior level at the workplace from amongst the employees.]
2. Not less than two members from amongst employees
3. One External Member [A 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.]
4. Provided that at least one-half of the total members so nominated shall be women.

Local Committee Formation

As per section 6 of the act, if a company has not constituted an internal committee because it has fewer than 10 employees or the complaint is against the employer itself, the District Officer of the concerned district shall constitute a committee known as the "Local Committee" to receive complaints of sexual harassment.

Annual Report Requirements

According to section 21(1) of the act, the Internal Committee or the Local Committee, as applicable, shall prepare an annual report each calendar year in the prescribed form and submit it to the employer and the District Officer.

Best Practices

In my understanding, there is no specific registration required for forming the internal committee. However, it is advisable to maintain the minutes of the committee meetings and detailed reports of the cases handled. The committee should also conduct workshops or awareness programs. These activities may be submitted to the labor commissioner as an annual report, in line with the act's norms. Additionally, the Board Report of the Company, prepared as per Section 134(3) of the Companies Act, 2013, may also be furnished to the labor commissioner as an annual report.

Thanks and Regards,
Syam Mohan

Dear Ms. Vrushali Chandurkar, your query: "To form an Internal Complaint Committee, which documents does the employer need to issue? Is there any registration process? I need your valuable suggestions."

Documents Every Employer is Law-Bound to Issue/Create & Maintain

i) A Written Order notifying all Employees & Others:
a) That the Internal Committee (IC) has been constituted in the establishment as per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the rules gazetted on 9.12.2013;
b) Mentioning the names, designation, department, contact telephone numbers & 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 a 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 woman-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 the Central Govt. Ministry of Women & Child Development.

This order, on official letterhead, should be issued under the 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, on office letterhead, 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 (Section-19), duly attested/authenticated by special educators who conduct these programs must be kept/maintained for inspection by government authorities (Sections-23 & 25) of the respective states/provinces and for inclusion in the 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 special educators who conduct these programs must be kept/maintained for inspection by government authorities (Sections-23 & 25) of the respective states/provinces and for inclusion in the 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.

No Registration Requirement for IC

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 the annual report before the 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 requests for assistance are welcome.

Sharan, Spl Educators Team of Transformatix P Solutions [Email Removed For Privacy Reasons].

26 Nov 2017