Hi,
Could you please suggest a sexual harassment committee for my organization? We are a financial firm located in Mumbai, and as we are planning to expand, could you advise on how I should start with forming the committee?
Thank you.
From India, Bengaluru
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Could you please suggest a sexual harassment committee for my organization? We are a financial firm located in Mumbai, and as we are planning to expand, could you advise on how I should start with forming the committee?
Thank you.
From India, Bengaluru
Acknowledge(0)Amend(0)
The Internal Complaints Committee
Composition
The Company shall constitute an Internal Complaints Committee ("ICC"). The administrative units located at different places shall have separate ICCs, and these shall be functional only for the offices as mentioned in the preamble. At all times, the ICC shall comprise the following:
a) At least half of the total members nominated shall be women on the ICC.
b) A senior-level woman employee shall be appointed as the Presiding Officer of the ICC. In case, at a given time, the senior woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units. The Presiding Officer shall vacate her office upon ceasing to be an employee of the Company.
c) A minimum of two members of the ICC will be appointed from amongst employees who are preferably committed to the cause of women or who have experience in social work or have legal knowledge in this field. The members shall automatically vacate their office upon ceasing to be employees of the Company.
d) 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.
e) 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.
f) 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 Complaints Committee, by the employer, as may be prescribed.
g) Where the Presiding Officer or any member of the ICC:
i. Contravenes the provisions of section 16 of The Sexual Harassment of Women at Workplace Act, 2013, or
ii. 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/her, or
iii. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against her/him, or
iv. Has so abused his/her position as to render the continuance in office prejudicial to the public interest,
v. 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.
Thanks and regards,
Rakhi Chandna
From India, Faridabad
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Composition
The Company shall constitute an Internal Complaints Committee ("ICC"). The administrative units located at different places shall have separate ICCs, and these shall be functional only for the offices as mentioned in the preamble. At all times, the ICC shall comprise the following:
a) At least half of the total members nominated shall be women on the ICC.
b) A senior-level woman employee shall be appointed as the Presiding Officer of the ICC. In case, at a given time, the senior woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units. The Presiding Officer shall vacate her office upon ceasing to be an employee of the Company.
c) A minimum of two members of the ICC will be appointed from amongst employees who are preferably committed to the cause of women or who have experience in social work or have legal knowledge in this field. The members shall automatically vacate their office upon ceasing to be employees of the Company.
d) 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.
e) 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.
f) 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 Complaints Committee, by the employer, as may be prescribed.
g) Where the Presiding Officer or any member of the ICC:
i. Contravenes the provisions of section 16 of The Sexual Harassment of Women at Workplace Act, 2013, or
ii. 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/her, or
iii. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against her/him, or
iv. Has so abused his/her position as to render the continuance in office prejudicial to the public interest,
v. 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.
Thanks and regards,
Rakhi Chandna
From India, Faridabad
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Dear Damini, this is in addition to what Rakhi has written. In her reply, paragraph (d) reads, "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."
I have a recommendation for an external member. Her name is Mrs. Jyotsna Datar, and her mobile number is [Phone Number Removed For Privacy-Reasons]. She conducts training programs on sexual harassment and also serves as an external member for various companies. She resides in Vashi, Navi Mumbai.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072I have a recommendation for an external member. Her name is Mrs. Jyotsna Datar, and her mobile number is [Phone Number Removed For Privacy-Reasons]. She conducts training programs on sexual harassment and also serves as an external member for various companies. She resides in Vashi, Navi Mumbai.
Thanks,
Dinesh Divekar
From India, Bangalore
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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
From India, Delhi
Acknowledge(1)Amend(0)
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
From India, Delhi
Acknowledge(1)Amend(0)
Here are the guideline set up by Hob'l supreme court of india enclosing the same "Guidelines and norms laid down by the Hon'ble Supreme Court in
Vishaka and Others Vs. State of Rajasthan and Others" for the reference.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Vishaka and Others Vs. State of Rajasthan and Others" for the reference.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Sexual Harassment.pdf
Sexual harassment Graphics - Dec. 1234.jpg