How to Form an ICC as Per Workplace Harassment Law

Sexual harassment at the workplace is not only a social problem but a legal one also. The women harassment law in India mandates that every qualifying organisation must have an Internal Complaints Committee (ICC). This is also one of the primary requirements of the POSH Compliance, along with the POSH Act in India. If your organisation has not implemented an ICC yet, you are already susceptible to penalties. More importantly, you are not creating a safe workplace. So, let us understand how to properly implement an ICC.

 

ICC’s Role in the POSH Act

 

An Internal Complaints Committee (ICC) is a committee that is set up in an organisation to handle complaints of sexual harassment at the workplace.

 

According to the POSH Act in India, an ICC is compulsory for:

 

●       Every workplace that has 10 or more employees

●       It is required in both the private and public sectors. This includes offices, factories, NGOs, startups, and educational institutions

 

The ICC is supposed to function as an impartial body to receive, investigate, and settle complaints.

 

Why Your Organisation Must Have An ICC

 

Forming an ICC is one of the legal requirements under the women harassment law, so it is not a matter of choice.

 

Failure to comply may result in:

●       monetary fines

●       business license revocation

●       employer lawsuits

●       reputational harm

With proper formation of the ICC, full compliance with POSH protects employees and employers.

 

Steps To Forming An ICC

 

1. Appoint the Presiding Officer

 

The most crucial step is the appointment of a Presiding Officer.

 

Essential criteria include:

 

●       Must be female

●       Must be at a senior level

●       Preferably a senior-level or managerial position

 

If there is no senior female employee, the employer may designate one from another office or organisation.

 

2. Choose Internal Members

 

The ICC must include a minimum of two internal members.

 

These members should:

 

●       have a commitment to women’s rights

●       possess a background in social work, law or HR

●       understand workplace behaviour and ethics

 

Choose people whom employees trust and are approachable

 

3. External Member Appointment

 

As per the POSH Act of India, having an external member is a requirement.

 

The external member can be:

●       A lawyer

●       An NGO member working in the area of women

●       A social worker with relevant experience

 

This position promotes impartiality and adds strength to the compliance of POSH.

 

4. Gender Balance

 

The ICC must have at least four members. 

 

Important Rule: At least 50% of the ICC members must be women. 

 

This balance is necessary under the women harassment law to ensure confidence and impartiality in harassment inquiries.

 

 5. Formulate a formal ICC Order  

 

After the members have been selected: 

Give a written appointment order. Include the following: 

●       Names  

●       Positions   

●       Duration   

●       Contact details   

 

The ICC Order must be: 

 

●       Posted on notice boards 

●       Circulated to employees 

●       Filed in the HR record 

 

6. State the Duties and Responsibilities 

 

Each ICC must: 

●       Receive written complaints 

●       Conduct inquiries in an unbiased manner 

●       Keep things confidential 

●       Submit recommendations to the employer 

 

Employers must take the following steps:

●       Provide the necessary structures 

●       Ensure non-retaliation

●       Support the implementation of decisions

 

7. Include the ICC Training 

 

Training is a must to be in compliance with POSH. 

 

Members of the ICC must be armed with knowledge on: 

●       The law 

●       How to conduct inquiries 

●       How to handle

●       The principles of natural justice 

●       How to conduct interviews 

 ICC members who do not go through training often hit the wall in a legal sense.

 

8. Publishing POSH Policy and ICC Details

 

The following must be included in your POSH policy: 

●       Definition of sexual harassment 

●       Complaint process 

●       Time limits 

●       Names and contact details of ICC members 

 

The policy must be: 

●       Shared with all employees 

●       Accessible in the local language 

●       Included in the induction training 

 

9. Maintain Proper Documentation

 

The company must keep the following records: 

●       Order of formation of ICC 

●       Certificates of training 

●       Complaint registers 

●       Reports of inquiries 

●       Reports submitted annually 

 

The annual report must be submitted to: 

●       District Officer

●       Management

 

Keeping these records is required under the POSH Act in India. 

 

Mistakes to Avoid

●      Only appointing HR staff

●      Missing an external member

●      No senior woman as Presiding Officer

●      No training done

●      No written order issued

These mistakes can invalidate your ICC.

The Importance of Proper ICC Setup

A correct ICC can:

●      Provide legal protection

●      Increase trust of employees

●      Lower workplace conflicts

●      Strengthen your compliance record

More importantly, it is clear evidence of compliance with the women harassment law as well as providing an ethical workplace culture.

 

 

Final Thoughts

 

Setting up an ICC that adheres to the POSH Act in India is a legal requirement. An ICC that has structure and training conducted on is poised to handle complaints in an equitable manner. It also strengthens POSH Compliance. It safeguards employees, provides a refuge within the harassment law, and fortifies a safe space in the legally compliant workplace.