What Is ICC and Who Are the Members?

ICC or Internal Complaints Committee is a group of people that is mandatory to constituted in every organization with ten or more employees. This committee is provided with the rights equivalent to a court by PoSH Act and is responsible for the investigation and hearing of cases of sexual harassment in any organization. The structure of the ICC is mentioned in the PoSH Act. It consists of-

• A Chairperson/ Presiding Officer – It must be a woman employed at the senior level at the workplace and has a credible record.
• Two Members – Shall be amongst the employees preferably committed to the cause of women/ experience in social work/ have legal knowledge.
• External Member – External member could be a doctor, an Advocate, or from an NGO working for the cause of women. the external member empanelment is also mandatory for each company. the member should be well versed with the provisions of the PoSH act. It is common for corporates to hire a legal expert as an external member in ICC to help the committee over the legal complications of any case. 

The formation of an ICC is a must for all branches of corporates. All organizations must file an annual report of the cases handled throughout the year by ICC to the Ministry of Women and Child Development. Not following these norms could lead to action taken against the organization or even cancellation of their license. 

What Should be an Ideal Complaint Redressal Mechanism?

An ideal PoSH complaint redressal mechanism is a must for any organization for the time-bound disposal of PoSH complaints. The structure should include an easy medium for women to register their complaints. The ICC should maintain confidentiality in such matters during the investigation and hearing of a complaint. the investigation must be unbiased and the point of view of all parties must be considered. ICC should also ensure that the victim gets instant action for their workplace safety. this includes transferring the alleged perpetrator to a different department or branch where the victim won’t have to face the perp till the investigation is complete. A time-cap must be introduced for all complaints to ensure efficient redressal of such cases. 

How PoSH Training Helps?

• Conducting PoSH training of employees helps them to get aware of their rights under the PoSH Act. 
• This helps women to come out and report any sexual misconduct from a college or a senior in the workplace and so, ensures a safe working environment. 
• PoSH Training also enables employees to learn about fake PoSH complaints or what can be categorized as malicious complaints. This can reduce no. of false or fake complaints in the organization. 
• Proper PoSH training for management makes them aware of the process to create a robust and effective complaint redressal system. 
• It also helps the management to set up an internal complaints committee. 

How to Get PoSH Training for Employees

• Contact a Legal firm that has experts with complete knowledge of the PoSH Act and have experience in conducting training sessions for employees in prestigious organizations. 
• These firms mostly have professionals who have worked in the internal complaints committee of other organizations and can help in creating ICC in the new company. 
• The experts can easily make employees understand the most technical terms of the Act clearly with their effective communication skills. 

Conducting PoSH training sessions for employees must be made mandatory so that the employees understand the consequences of sexual misconduct and what acts constitute sexual harassment. This will help in creating a more secure and tension-free environment for women at the workplace. Companies can take help from legal firms to understand the formation of ICC and a well-structured complaint management system. Legal firms can also help companies in becoming PoSH compliant and following all the norms of the PoSH Act. 

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Are you a registered establishment that falls under Mumbai City Jurisdiction?

If yes, then this is a Wake Up Call!

Stay informed that all establishments in Mumbai City Jurisdiction which have not yet submitted POSH Internal Committee’s Annual Report (as per the Act) for the year 2019 are required to email the said report latest by 14.08.2020 evening.

Notification Regarding ICs Annual Report

The District Women and Child Development Office of Mumbai City, has come out with an Order dated 10th July, 2020, and has directed all establishments (private establishments, educational Institutions, sports institutes, sport complexes, government and private companies) in Mumbai city jurisdiction to comply with this Order.

It states that those entities which have not already submitted their Internal Committee’s Annual Report to the District Women and Child Development Office or Collector Office, must file it through Email by the evening of 14th August without fail.

Take Note Of The Criteria

• All establishments which have more than ten employees and have constituted an IC for PoSH compliance, and 
• All those entities that have created their annual reports featuring details of PoSH complaints raised, filed, heard or resolved, and also those that have cases going on.

What Must You Do

Here is what you need to do if you have not yet submitted your Internal Committee’s Annual Report for the year 2019.

You must e-mail the Internal Committee’s Annual Report for the year 2019 to the District Officer, Mumbai city on dwcdmumbai@gmail.com on or before the evening of 14th August, 2020.

There is a prescribed format in which the Report must be submitted; given in the notification itself.

As per the notification, the report can also be physically delivered to the address mentioned in the notification.

This Is How Muds Can Help You

1. We will assist in creating as well as filing your Annual Report for PoSH compliance as required by DWCD.
2. We will extend help to you in tracking, mediating or investigating pending cases.
3. We can also help you get started, if you haven’t begun your PoSH compliance yet.

Click here to schedule a quick call with us and we will be more than happy to take you through the steps of how we can help you file your annual PoSH Report. 

We would like to take this opportunity to inform you that Muds is highly experienced and offers a wide range of PoSH Compliance Services.

PS: Did you know that we are offering complete Online Posh training sessions for employees during this COVID-19 lockdown period which gives complete insight of the law?  

This is not all we do! We offer numerous other services which you can check out on our website.

You can satisfy your curiosity and enhance your understanding by going through our learning pages, educational series and blogs on varied topics.

Feel free to give us any feedback by writing back to us on info@muds.co.in or call us on +91-9599653306.

Stay Safe & Stay Compliant!

Team Muds

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The Sexual Harassment of Women at Workplace Act, 2013 (Prevention, Prohibition and Redressal) is India’s first codified legislation and categorically deals with all aspects of sexual harassment of women at the workplace.

POSH Compliance Is Mandatory

All Companies, firms, businesses, institutions i.e. any workplace in India, having more than 10 workers, has to be POSH Compliant or face serious consequences under the law.

What Is IC Committee’s Role?

The Constitution of the Internal Complaints Committee (ICC), later amended as Internal Committee (IC), is the most crucial part in the implementation of the POSH Act at any workplace.

The ICC is required to

a) prevent instances of sexual harassment
b) receive complaints of sexual harassment, and
c) effectively deal with such acts.

The Composition Of ICC

The Internal Complaints Committee must comprise of:
1) Presiding Officer
2) Internal Members
3) External Member

It is mandatory that at least one-half of the total members nominated to the ICC must be women.

Who Is Known As ‘External Member’?

An external member mandated under the POSH Act is someone who does not belong to the organization, has to be empanelled in the ICC.

The purpose of including a non-employee in the IC is that such an outsider will act as a neutral, impartial and expert member of the ICC and to rule out any bias or prejudice against any party.

Who Is Known As ‘External Member’?

The Act lays down the eligibility criteria for an external member thus:

The member must be from an NGO or a social organisation that is committed to the cause of women and someone who has experience in dealing with cases related to sexual harassment.

OR

The external member can be a person with a legal background having knowledge and expertise in the matters of sexual harassment of women.

Who Is Known As ‘External Member’?

Looking at the latest trends most of the entities look for a woman who:
a)  Is a legal expert, well-versed in POSH law.
b) Possesses knowledge, skills, and ability to address sexual harassment issues and complaints effectively.
c) Has a sound understanding of the legal aspects and implications of sexual harassment.

Who Is Known As ‘External Member’?

The preference for an external member from the legal community is extremely beneficial as the rules have to be framed by each organization and given the wide definition of ‘sexual harassment’ intricate understanding is needed.

A Legal Expert as an External Member helps to contribute more towards prevention & redressal of Sexual Harassment at workplaces!

Author:
Adv Sharlee Garg
Muds Management Private Limited
Mobile number : 91-9599653306
Email id: sharlee@muds.co.in

*The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article

Alternately Call our Corporate Law Expert Now For Free Consultation at +91 95996 53306 

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