Internal Complaints Committee (ICC) is a mandatory committee that every employer is required to constitute within his organization. In the scenario where the employer has branch offices, he needs to have an ICC as each such branch office to address the issues of sexual harassment.Every company needs to have in place an effective ICC committee else the company can be penalized for non-constitution of ICC.
We envision a safe environment and protection against sexual harassment of women at DYP-ATU and for redressal of complaints of sexual harassment and to ensure gender equality in DYP-ATU.
An enquiry is initiated through the members of ICC, as the case may be as advised by the Chairperson at the earliest after receiving the Complaint in writing / email.
The enquiry seeking detailed information / explanation/ reasoning will be conducted with the Complainant as well as Respondent independently by the ICC.
The enquiry proceedings convened by ICC should always be minuted and / or video recorded and same to be saved and maintained for records by the ICC as the case may be. The proceedings of the enquiry (while the witness makes his/ her submission) should be recorded on camera.
On submission of report the ICC shall consider the report at the earliest and, on being satisfied for the need, may order full enquiry into the Complaint.
It is important to mention herein that the ICC on receipt of any Complaint from the Complainant should upfront seek his / her expectation from the ICC with regard to Complaint and the ICC should also brief the Complainant about the option of conciliation available to him / her with the Respondent, if so desired by the Complainant. However, once the enquiry is initiated the option of conciliation cease to exist.
The ICC will study the findings and shall then proceed to deal with the Complaint in accordance with the Policy and the Act and redress the Complaint within ninety (90) days from the date of receipt of the Complaint and accordingly submit its detailed finding and advise in connection with the Complaint to the respective Employer, as the case may be.
However, the ICC may close the enquiry and / or is not required to initiate same in the event the Complainant fails to appear before the ICC and / or fails to revert to the query(s) raised by the ICC for three consecutive events. The ICC shall record the reasons for closure of the Complaint accordingly. Further, in the event the Respondent deliberately avoids his /her appearance before the ICC, the employer or any person so appointed by the employer should direct / instruct the Respondent to appear before the ICC.
Thereafter, the ICC will present the decision including handover of all the collected material i.e. the duly signed statement of the Complainant, Respondent, witnesses, involved parties and material objects if any along with recommendation to the HR head of respective business.
In the event that there are no eyewitnesses, the ICC may have to resolve a sexual harassment claim based on the credibility of the parties. Circumstantial evidence also would play important role during the decision making process by the Committee.
The employer may seek clarification from the ICC on the recommendation and will implement the same.
The final decision shall be communicated to the Complainant and the Respondent.
An enquiry in connection with any Complaint may be initiated / continued irrespective of the fact that police proceeding has also been initiated in connection with the said Complaint.
The Internal Complaints Committee is vested with all the powers necessary to undertake the functions of prohibition, prevention, and redressal of sexual harassment of women at the workplace. According to the POSH Act, the ICC is –
Empowered to initiate the inquiry on the complaint filed against sexual harassment.
It has the power to collect the evidence and summon the witnesses.
It can also recommend the measures and actions to be taken to try another such case in the future.
There are certain responsibilities of the ICC to serve the objective of the POSH Act which are as follows:
Receive the complaints of sexual harassment.
Initiate the inquiry and submit the findings from the inquiry done.
Direct the employer to undertake required actions.
Submit an annual report in the prescribed format.