I request the Seniors of HR Fraternity to clarify on the Constitution of the Local Complaint Committee.
In case any organization has 2 to 10 women employees at a lower level and no senior-level women employee is employed, and if the (small - obviously) organization operates only one place - what is the procedure to be followed for forming the Local Committee in compliance with this Act.
I look forward to your detailed clarification.
Advance thanks,
B. Sundararaman
From India, Madras
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68In case any organization has 2 to 10 women employees at a lower level and no senior-level women employee is employed, and if the (small - obviously) organization operates only one place - what is the procedure to be followed for forming the Local Committee in compliance with this Act.
I look forward to your detailed clarification.
Advance thanks,
B. Sundararaman
From India, Madras
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Dear Mr. Sundar 1959,
First of all, you've been talking about the "Internal Complaint's Committee" (ICC). The Local Complaints Committee (LCC) is different from that of the ICC where the District Magistrate is the head and has the sole powers to constitute the LCC.
Organization does have 2 to 10 women employees at a lower level and no senior-level women employee is employed. In such a case, the employer has to nominate from other offices/administrative units of the workplace referred to in subsection (I). That means if the senior-level women employee is not available, the employer may nominate as said above and appoint two members from amongst your employees.
If the (small - obviously) organization operates only one place, what is the procedure to be followed to form the Local Committee in compliance with this Act? You cannot form an LCC. The LCC is formed by the District Magistrate/Collector. You may only form an ICC.
In the Constitution and Jurisdiction of the Local Complaint's Committee, you may refer to Chapter III of subsection (I) under 6, which says the LCC can receive complaints regarding sexual harassment from establishments, companies, or organizations that cannot form an ICC due to less than ten workers or a complaint against the employer himself.
Hope your query has been justified!
From India, Visakhapatnam
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First of all, you've been talking about the "Internal Complaint's Committee" (ICC). The Local Complaints Committee (LCC) is different from that of the ICC where the District Magistrate is the head and has the sole powers to constitute the LCC.
Organization does have 2 to 10 women employees at a lower level and no senior-level women employee is employed. In such a case, the employer has to nominate from other offices/administrative units of the workplace referred to in subsection (I). That means if the senior-level women employee is not available, the employer may nominate as said above and appoint two members from amongst your employees.
If the (small - obviously) organization operates only one place, what is the procedure to be followed to form the Local Committee in compliance with this Act? You cannot form an LCC. The LCC is formed by the District Magistrate/Collector. You may only form an ICC.
In the Constitution and Jurisdiction of the Local Complaint's Committee, you may refer to Chapter III of subsection (I) under 6, which says the LCC can receive complaints regarding sexual harassment from establishments, companies, or organizations that cannot form an ICC due to less than ten workers or a complaint against the employer himself.
Hope your query has been justified!
From India, Visakhapatnam
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Thank you very much for your message. I apologize for not quoting it properly. Yes, I meant ICC. It is clearer that if anyone is unable to form ICC, then any complaints should be lodged with LCC. Does the management have to bear the expenses of Enquiry Officers from LCC? What are the charges, and where are they specified? I am "zero" in this and hence would like to gain knowledge on this Act.
Thank you again, and I look forward to you educating me on this query too.
With regards,
Sundararaman
From India, Madras
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Thank you again, and I look forward to you educating me on this query too.
With regards,
Sundararaman
From India, Madras
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Please refer to the "Composition tenure and other terms and conditions of LCC under Chapter III, subsection (4) of section 7," which discusses the allowances provided to the members in the Local Complaints Committee. Also, refer to the grants sanctioned by the Government for such fees under Chapter III, section 8 (Grants & Audit).
From India, Visakhapatnam
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From India, Visakhapatnam
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So, if the company is small and does not have senior women employees, do they have to form an ICC? Or is it required regardless? I have seen some small factories where there is only 1 or 2 female employees. Is there a limit below which the complaints committee does not need to be set up?
From India, Mumbai
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From India, Mumbai
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Taking this thought process ahead, does this mean that small factories with no senior women employee do not have to set up an ICC ?
From India, Mumbai
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From India, Mumbai
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When there are fewer women employees, along with no senior (women) member or the ICC not being constituted due to having less than ten workers, the LCC can receive complaints from such establishments.
From India, Visakhapatnam
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From India, Visakhapatnam
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My query is from a different point of view. I understand com,sin can be filed with the LCC But can the company be penalised for not having ICC ?
From India, Mumbai
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From India, Mumbai
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