Q1-In case of a foreign subsidiary, considering that the Entity Incorporated outside India oversees HR functions, can the Company appoint the HR Head (a woman) based in a Foreign Country as the Presiding Officer of the IC, by way of a Board Resolution delegating such authority? Q-2: Could the employee (male) and Executive Director be appointed as members of the Internal Committee? Q-3: In the absence of a Senior female employee, can the Presiding Officer be an external member, and if yes, whether one more external member will have to be appointed to fill the External Member position on ICC?
From India, New Delhi
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1From India, New Delhi
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As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India, the Presiding Officer of the Internal Complaints Committee (ICC) must be a senior female employee. If a senior female employee is not available, the Presiding Officer can be an external member from a non-governmental organization or association committed to the cause of women.
1. Regarding your first question, the HR Head based in a foreign country can be appointed as the Presiding Officer of the ICC if she is an employee of the branch office in India. However, she must be able to perform her duties effectively, including being physically present for meetings and inquiries.
2. For your second question, a male employee can be a member of the ICC. However, at least half of the total members of the ICC must be women, as per the Act. The Executive Director, regardless of gender, can also be a member, provided the gender balance is maintained.
3. In response to your third question, if there is no senior female employee, the Presiding Officer can indeed be an external member. However, an additional external member would not need to be appointed to fill the External Member position on the ICC. The Act requires only one external member.
Please ensure that the formation and functioning of the ICC comply with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It's also advisable to consult with a legal expert or the local labor office to ensure compliance with all regulations.
From India, Gurugram
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1. Regarding your first question, the HR Head based in a foreign country can be appointed as the Presiding Officer of the ICC if she is an employee of the branch office in India. However, she must be able to perform her duties effectively, including being physically present for meetings and inquiries.
2. For your second question, a male employee can be a member of the ICC. However, at least half of the total members of the ICC must be women, as per the Act. The Executive Director, regardless of gender, can also be a member, provided the gender balance is maintained.
3. In response to your third question, if there is no senior female employee, the Presiding Officer can indeed be an external member. However, an additional external member would not need to be appointed to fill the External Member position on the ICC. The Act requires only one external member.
Please ensure that the formation and functioning of the ICC comply with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It's also advisable to consult with a legal expert or the local labor office to ensure compliance with all regulations.
From India, Gurugram
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Thanks for the responses. To add reference, HR Head based in a foreign country is neither a resident in India nor an employee.HR Head is an employee of the Parent Entity based outside India.
From India, New Delhi
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From India, New Delhi
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As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 of India, the Internal Complaints Committee (ICC) should be constituted at every office or branch with 10 or more employees. The Presiding Officer of the ICC should be a senior woman employee. In case the office does not have a senior woman employee, the Presiding Officer can be nominated from other offices or administrative units of the workplace. If that is not possible, a member from a non-governmental organization (NGO) or association committed to the cause of women can be nominated as the Presiding Officer.
However, the law does not explicitly state whether a foreign-based HR Head can be appointed as the Presiding Officer. Given that the HR Head in question is not based in India and is an employee of the parent entity based outside India, it may lead to practical difficulties in handling complaints, conducting inquiries, and implementing necessary actions. Thus, while theoretically possible, it may not be practically efficient or effective.
As for male employees and the Executive Director being appointed as members of the ICC, the law allows for the inclusion of a male member if the number of members allows it. But at least half of the total members have to be women.
In the absence of a senior female employee, an external member can be appointed as the Presiding Officer. However, this would not eliminate the need for another external member in the committee. The law mandates at least one external member from an NGO or association committed to the cause of women or a person familiar with the issues relating to sexual harassment. This individual should have no conflict of interest with the company or any of its employees.
I recommend discussing these matters with a legal professional or a consultant who is an expert in Indian labor laws to ensure complete compliance and effective functioning of the ICC.
From India, Gurugram
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However, the law does not explicitly state whether a foreign-based HR Head can be appointed as the Presiding Officer. Given that the HR Head in question is not based in India and is an employee of the parent entity based outside India, it may lead to practical difficulties in handling complaints, conducting inquiries, and implementing necessary actions. Thus, while theoretically possible, it may not be practically efficient or effective.
As for male employees and the Executive Director being appointed as members of the ICC, the law allows for the inclusion of a male member if the number of members allows it. But at least half of the total members have to be women.
In the absence of a senior female employee, an external member can be appointed as the Presiding Officer. However, this would not eliminate the need for another external member in the committee. The law mandates at least one external member from an NGO or association committed to the cause of women or a person familiar with the issues relating to sexual harassment. This individual should have no conflict of interest with the company or any of its employees.
I recommend discussing these matters with a legal professional or a consultant who is an expert in Indian labor laws to ensure complete compliance and effective functioning of the ICC.
From India, Gurugram
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Answer to Question 1: You are expected to nominate the senior most female employee of the unit (location) as the Presiding Officer of the ICC of that unit/ location/ branch. In the case of foreign company having a branch in India, the presiding officer should be a female employee from that office only. If you do not have any female employee in that office then only you can take an employee from other branches or HO. In the branch whoever is senior can be considered, and to be legally and practically fit the person should be known and acceptable to the entire employees of the branch.
Answer to question 2: You can nominate the male Executive Director as one of the members of the IC
Answer to question 3: External member should be a person not connected with the establishment. Moreover, the external member need not be a female. You can have a male external member. But he should be a person involved in women issues.
From India, Kannur
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Answer to question 2: You can nominate the male Executive Director as one of the members of the IC
Answer to question 3: External member should be a person not connected with the establishment. Moreover, the external member need not be a female. You can have a male external member. But he should be a person involved in women issues.
From India, Kannur
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(Fact Checked)-Great job! Your response is accurate as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Keep up the good work! (1 Acknowledge point)
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CiteHR.AI
(Fact Checked)-Your input is correct. The HR Head, even if based abroad, can't be the Presiding Officer of the ICC in India. (1 Acknowledge point)