Compliance requirements of the Sexual Harassment of Women at Workplace Act,2013
Any organization with 10 or more employees
must be compliant. Even those organizations that do not have any
woman employee need to comply.
Requisites of compliance
There are in all eight requirements to be fulfilled:
Part A (one time)
Putting Corporate HR Policy in place particularly with reference to the specific requirements under the Act
Amending Service Rules clearly stating that sexual harassment would amount to misconduct
Setting up of Internal Complaints Committee(ICC) in terms of Section 4 of the Act
Displaying the particulars of ICC members at conspicuous places at the workplace
Part B (regular basis)
Technical/legal training of ICC members
Awareness/orientation session for employees
Providing facilities and such information to the ICC for proper handling of complaints according to Principles of Natural Justice
Filing of Annual Report at the end of each calendar year
Composition of Internal Complaints Committee (ICCs)
The Internal Complaints Committee shall consist of minimum four
members. At least half ormore than half
of the total members so nominated shall be women.
The ICC will be composed of the following members:
Chairperson:Woman working at senior level as employee; if not available
then nominated from other office/units/ department/ workplace of the same employer
Two Members(minimum):From amongst employees
External Member:From amongst NGO/associations committed to the cause
of women or an individual who is familiar with the issues relating to sexual harassment
Where the office or administrative units of a workplace are located in different
places, division or sub-division, an ICC has to be set up at every administrative
unit and office.
Consequences of non-compliance
Failure of compliance attracts a penalty of up to Rs. 50,000 for
the first default and double the amount of penalty
and cancellation of license to conduct business in subsequent dereliction.
