Internal Complaints Committee (ICC) - ICC Members Training & Certification

Sexual harassment at the workplace has become an unfortunate yet frequent issue in today's corporate world. It undermines the dignity of individuals, particularly women, and threatens their right to a safe and secure work environment. Recognizing the severity of this issue, the Indian legislature enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the POSH Act. One of the key mandates of this Act is the formation of an Internal Complaints Committee (ICC) in every organization with ten or more employees.

What is an Internal Complaints Committee (ICC)?

The Internal Complaints Committee (ICC) is a mandatory body that every employer must constitute within the organization. The purpose of forming the ICC is to ensure a safe working environment by addressing and resolving complaints of sexual harassment effectively. When a company has multiple branch offices, it is required to constitute an ICC at each location. Failing to form this committee is a punishable offence under the POSH Act, and companies can face penalties for non-compliance.

Composition of the Internal Complaints Committee

The structure of the Internal Complaints Committee is defined to ensure neutrality, expertise, and adequate representation of women. The Presiding Officer must be a senior-level woman employee in the workplace. In addition to her, the committee must include at least two members from within the organization who are committed to women’s causes or possess legal or social work experience. Furthermore, the ICC must have an external member from an NGO, legal background, or relevant professional field. Importantly, at least 50% of the members of the ICC must be women.

Responsibilities of the Internal Complaints Committee

The primary responsibility of the ICC is to investigate complaints of sexual harassment at the workplace without any bias. It must ensure that all complaints are redressed promptly and fairly. The ICC must also maintain strict confidentiality during and after the proceedings. The ICC is the only authority empowered to conduct such inquiries within the company and must submit its findings and recommendations to the employer. The committee also needs to file an annual report to the District Officer and maintain internal records.

Powers of the Internal Complaints Committee

Under Section 11(3) of the POSH Act, the ICC holds powers equivalent to that of a civil court. It can summon the respondent and witnesses, enforce the attendance of parties, and collect necessary documents and evidence. These powers are essential to ensure a robust inquiry process. The ICC also has the authority to recommend interim relief and take action to prevent further harm to the complainant.

What is POSH?

POSH refers to the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013". This Act was enacted to provide a comprehensive legal framework for preventing sexual harassment against women in the workplace. The POSH Act is mandatory for all public and private organizations in India with ten or more employees. It enforces the employer's duty to create a safe workplace by establishing policies, training ICC members, and setting up redressal mechanisms.

What is POSH Policy for Companies?

Under the POSH Act, companies are required to formulate a POSH Policy in line with the Act and its associated Rules. This policy must lay down guidelines to prevent and address sexual harassment. The policy must also define procedures for lodging complaints, timelines for redressal, and responsibilities of the ICC. A company’s POSH Policy must be clearly communicated to all employees and made easily accessible at the workplace and on the official website.

Internal Committee (IC) – Updated Terminology

Initially, the committee was known as the Internal Complaints Committee (ICC). However, on May 9, 2016, an amendment replaced the term ICC with Internal Committee (IC) throughout the legislation. The purpose of this change was to broaden the committee’s responsibilities, moving beyond mere complaint resolution to proactive implementation of POSH compliance and workplace sensitization.

Why is Internal Committee (IC) Training Necessary?

Section 4 of the POSH Act requires every employer with 10 or more employees to constitute an Internal Committee. The IC becomes a crucial mechanism for redressal when a complaint arises. Since the Act vests important powers and responsibilities in the IC, it is essential that members receive comprehensive training to understand their role, legal responsibilities, and inquiry procedures. Proper training enables members to function fairly and professionally.

Scope of IC Training

Training of the Internal Committee is an integral part of implementing the POSH Act. It ensures that the members are well-versed with the Act, understand the methodology of inquiry, and follow proper timelines. IC training covers: 

• The powers of the IC under the POSH Act.

• Step-by-step guidance on conducting inquiries.

• Understanding legal principles and natural justice during proceedings.

• Timelines for completing investigations and submitting reports. 

ICC Members Training & Certification

To ensure effective implementation of the POSH Act, ICC members must undergo structured training and certification. This training includes modules on understanding the law, handling complaints, and conducting inquiries with sensitivity and fairness. Online webinars and assessments are conducted to test the knowledge of ICC members. Upon successful completion, certifications are issued, recognizing them as trained ICC professionals. These trainings are frequently updated to reflect legal developments and judicial interpretations in India.

Redressal Process under ICC

The following is the redressal process under ICC:

Conciliation

Before proceeding with an inquiry, the ICC may offer conciliation if the complainant provides a written request. This process helps resolve the matter amicably but cannot involve any monetary settlement. If a settlement is reached, it is documented and forwarded to the employer for action. The complaint is considered resolved, and no further inquiry is required. However, if the respondent violates the terms of settlement, the ICC may initiate a formal inquiry.

Inquiry

If conciliation fails or the complainant insists on an inquiry, the ICC must begin proceedings. Within 7 working days of receiving a complaint, a copy is shared with the respondent. The respondent must reply within 10 working days, submitting documents and witness details. During the proceedings, no party is allowed legal representation. The ICC must ensure that both parties are heard fairly and that the inquiry follows natural justice. Failure to attend hearings on three consecutive dates can result in an ex-parte decision. The inquiry must be concluded within 90 days, and the final report must be submitted within 10 days of conclusion.

Interim Relief

During the inquiry, the complainant may request interim relief. The ICC can recommend measures like transferring either party, granting paid leave for up to three months, or restricting the respondent from evaluating the complainant. These steps aim to protect the complainant from further distress during the inquiry period.

Compensation

The ICC can recommend compensation to the complainant. This is calculated based on various factors including emotional trauma, medical expenses, loss of career opportunities, and financial capacity of the respondent. Payment can be suggested either as a lump sum or in installments, depending on feasibility.

Responsibilities of ICC

The ICC must maintain a confidential and unbiased environment during the complaint handling process. It is responsible for receiving complaints, initiating inquiries, submitting reports, and ensuring timely redressal. The ICC must also assist the employer in implementing recommendations. Furthermore, organizations are legally obligated to publish ICC member details prominently within the office premises and on the website to ensure transparency.

Benefits of Internal Complaints Committee Training 

• Enhances the competency of ICC members.

• Enables the ICC to function within the legal framework.

• Builds awareness of timelines, procedures, and inquiry principles.

• Keeps members updated with recent court judgments and legal amendments.

• Fosters a safer workplace culture by educating members and employees. 

Document Requirements for Forming ICC

To set up an effective ICC, a company must prepare and maintain several documents. These include details of the ICC members, the company’s POSH policy, professional qualifications of members, training schedules, and any other relevant documentation that supports the policy’s implementation. These documents may also be required during legal scrutiny or audits.

Requesting a Call Back for ICC Certification or Training

To receive more details or enroll in ICC training and certification programs, individuals or organizations can submit a request for a callback. Basic details such as name, email, mobile number, and a short message need to be submitted along with consent to receive updates over call or email.

Conclusion

The Internal Complaints Committee plays an important role in ensuring that workplaces remain free from sexual harassment and promote a culture of respect, equality, and dignity. Training ICC members is not just a legal formality but a necessary step toward effective implementation of the POSH Act. With structured training, defined responsibilities, and robust inquiry processes, ICCs can bring meaningful change to the workplace environment, empowering women and promoting fair redressal mechanisms.

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FAQs

Q1. What is the Internal Complaints Committee (ICC) and why is it mandatory?

Ans. The Internal Complaints Committee (ICC) is a legally mandated body under the POSH Act, 2013, which must be constituted by all organizations with 10 or more employees. Its main purpose is to address complaints of sexual harassment at the workplace and ensure a safe, secure, and dignified environment for all employees, especially women. It is required in each office or branch of a company and failure to constitute it can lead to penalties for non-compliance.

Q2. Who can be appointed as members of the Internal Complaints Committee?

Ans. The ICC must have a Presiding Officer who is a senior-level woman employee. In addition, there should be at least two members from the organization who are either committed to women's causes, have experience in social work, or possess legal knowledge. One external member must be from an NGO or legal field familiar with issues of sexual harassment. At least 50% of the ICC members must be women.

Q3. What are the primary responsibilities of the Internal Complaints Committee?

Ans. The ICC is responsible for receiving complaints of sexual harassment, conducting unbiased inquiries, submitting findings to the employer, recommending actions, and maintaining confidentiality. It also helps implement the POSH policy, ensures redressal within the stipulated timelines, and submits annual reports to the employer and District Officer.

Q4. What are the powers of the ICC during an inquiry process?

Ans. The ICC has powers similar to that of a civil court under Section 11(3) of the POSH Act. It can summon the respondent and witnesses, enforce their attendance, and examine evidence. The ICC also has authority to recommend interim measures for the complainant’s safety and well-being during the inquiry.

Q5. What does the redressal process under the ICC involve?

Ans. The redressal process includes conciliation (if requested by the complainant), followed by a formal inquiry if needed. The respondent gets 10 working days to respond, and both parties are heard without legal representation. The inquiry must be completed within 90 days, and a report must be submitted within 10 days thereafter. Interim reliefs and compensation can also be recommended during this process.

Q6. Why is training and certification of ICC members important?

Ans. ICC training is essential to help members understand their roles, responsibilities, legal obligations, and inquiry procedures under the POSH Act. It ensures members are equipped to handle complaints sensitively, follow due process, and deliver justice. Certification validates their readiness and competence to serve on the committee.

Q7. What documents are required for forming an ICC in an organization?

Ans. Organizations must maintain documents such as details of ICC members, the company’s POSH policy, professional qualifications of ICC members, training session schedules, and any other records supporting compliance with the POSH Act. These documents ensure accountability and are useful during legal scrutiny or audits.