Local Complaints Committee Under The Posh Act
Local Complaints Committee Under The Posh Act
We know that the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013, commonly called the POSH Act, mandates every organization that has
ten or more employees to formulate an Internal Committee (IC) to
receive and redress complaints of sexual harassment against women at workplace.
Does it mean that only employees of organizations
that has at least ten employees receive the protection of the POSH Act?
Should women working in the unorganized sector file
a complaint with the police if they face sexual harassment at work?
This is where the Local Complaints Committee comes
into picture.
The POSH Act is very comprehensive and has ensured
that every women employee is covered. The Local Complaints Committee is formed
to ensure protection against sexual harassment for women employees working in
organizations that have less than 10 employees.
Local Complaints Committee (LCC) is a body
formulated according to the Section 6 of the POSH Act. The section states that
the District Officer must form the Local Complaints Committee for the
respective district. LCC will receive and redress complaints of sexual harassment
from:
1.
Employees of organizations that do not have an
Internal Committee because it has less than ten employees.
2.
Women working in unorganized sector like
housekeeping staff and
3.
Employees from organization with more than ten
employees if the complaint is against the employer him/herself.
The jurisdiction of LCC extends to the areas of
the district where it is constituted.
The District Officer will appoint a nodal
officer in every block, taluka and tehsil in rural or tribal area and ward or
municipality in the urban area. If a woman working in unorganized sector or in
an organization that has less than 10 employees faces sexual harassment, she
can send six copies of the complaint along with evidence and details of witness
to the nodal officer. The nodal officer must forward the complaint to the LCC
within seven days.
Upon receipt of the complaint, the LCC will
send one copy of the complaint to the respondent, against whom the complaint is
filed. The respondent must send his/her reply with the evidence and details of
witness he would like to present within ten days from the day he received the
complaint.
In the absence of a
Local Complaints Committee, any woman who has faced sexual harassment can file
a complaint with the police.
To locate the LCC of
your district, either contact the District Officer or refer to notification
made by your district administration.
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