Actions for the New Year

Following are the actions for the new year!

Reconstitution of the Internal Complaints Committee (ICC) every 3 years (Section 4 (3))

Filing of the Annual Reports by the End of Calendar Year (Section 21 & 22)

Training and awareness sessions (Section 19 (3) and Rule 13 (a) & (b))

Reconstitution of the Internal Complaints Committee (ICC) every 3 years (Section 4 (3))

As you already know, as per law, every employer who has 10 or more employees, workers, contract workers, interns, etc. in a workplace has to mandatorily constitute an ICC for receiving and redressing complaints of sexual harassment at the workplace.

These ICC members cannot hold office for more than 3 years, and the employer must necessarily reconstitute the ICC every 3 years. As the law was passed in 2013 and became effective on December 9, 2013, assuming that several employers would have constituted the ICC sometime in December 2013 or January 2014, it may be time for such employers to reconstitute the ICC.

Composition of the ICC:

The reconstituted ICC, similar to the constitution of the ICC, must satisfy the following criteria:

• Presiding Officer: senior woman employee
• 2 members: employees
• 1 independent external member—expert in such matters
• 50% of the total members are Women

Things to keep in mind:

• Reconstituting the ICC is not an option. It is a mandatory requirement.
• ICC must be reconstituted even if the 10 employees include workers, interns, contract workers, etc., whether salaried or non-salaried.
• ICC must be reconstituted even if, at the end of three years, the organization does not have any women employees working with them.
• ICC has to be reconstituted at all administrative units or offices if the offices or administrative units of the workplace are located at different places or at a divisional or sub-divisional level.

Effects of non-compliance:

• Monetary penalty
• Cancellation of license to do business
• Reputational damage to an organization
• Payment of compensation, which may run into crores
• Loss of business
• Lack of trust, attrition and low productivity at workplace

Following the reconstitution of the ICC, it will be important and helpful to disseminate policy with the revisions and plan awareness sessions to introduce new ICC members and changes in contact details.

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Filing of the Annual Reports by the End of the Calendar Year (Sections 21 and 22): Every calendar year, the Internal Complaints Committee (ICC) of an organization is required to prepare an annual report and submit the same to the employer. The annual report must contain the following details:

1. Number of complaints of sexual harassment received in the year
2. Number of complaints disposed of during the year
3. Number of cases pending for more than 90 days
4. The number of workshops or awareness programs against sexualharassment carried out
5. Nature of action taken by the Company

Upon receiving the annual report from ICC, the management may want to ensure that the report contains the following key points, among several other things:

• Includes dates when ICC met to prepare the annual report
• Includes the signatures of all ICC members
• Must provide rationale or details for the figures provided in the annual report
• Includes details related to conciliation as well

The annual report of the ICC has to be submitted to the designated district officer of the district in which the employer does business.

Providing information by employer in the annual report:

The employer is also required under law to include in their annual report:

• The number of cases filed
• The number of cases disposed of

If the preparation or submission of an annual report is not required, details are to be provided to the district officer.

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Training and awareness sessions (Section 19 (3) and Rule 13 (a) and (b)): The law categorically states that employers must ‘organise workshops and awareness activities at regular intervals for training the employees with the provisions of the Act’, ‘carry out employee awareness activities,” and ‘create forums for dialogues’. It also says that employers must conduct ‘orientation training sessions and seminars’ and ‘capacity building and skill building workshops” for Internal Complaints Committee (ICC) members.

Types of sessions:

• Awareness session for Management and Employer
• Training session for ICC
• Awareness session for managers
• Awareness session for employees

How do these sessions help?

• Ensure that employees are aware of their rights, responsibilities and the complaints mechanism
• The definition of the term sexual harassment becomes clear and reduces instances of sexual harassment
• Malicious complaints are reduced.
• It shows your proactive approach—that you have taken actual steps to prevent and redress instances of sexual harassment
• ICC can deal with complaints in a much better manner, thereby avoiding circumstances in which there would be disgruntled employees
• Instill the faith of employees in the organization and project your image as an equal opportunity employer
• Positivity and work productivity—retention and better work satisfaction—result in business growth
• Create gender-sensitive work environment
• Sensitizing and training employees in leadership positions to handle complaints of sexual harassment
• Instill faith on confidentiality and assurance of non-retaliation, which is a common barrier

All trainers associated with POSH at Work are experts on the subject of sexual harassment and gender equality. We conduct training and awareness sessions of different kinds to ensure that employers all across the country can fulfil this responsibility. If you wish to learn more about the kinds of sessions we provide, have any queries, or wish to conduct a session, please feel free to contact us at 900-45-21614.