Procedure After Filing Complain with ICC – The Sexual Harassment at Workplace Law,2013

Last updated 4 Jan 2018 . 2 min read

This is the third post in the series. Read the firstsecond and third ones.

After a woman files the complain, the ICC can follow either of these alternatives –

The ICC may, at the request of the aggrieved woman give an opportunity to peacefully settle the matter through a conciliation process. If the conciliation is successful, it will result in a settlement agreement between the parties. The agreement generally specifies –

-> The perpetrator apologizes for his conduct towards the woman

-> Any legitimate monetary compensation – this can include reimbursements for any medical treatment or expenses, reasonable compensation for loss of work opportunity.

-> That the woman agrees to withdraw all legal proceedings with respect to the instances of harassment in question, reserving her right to initiate a fresh proceeding, in case the perpetrator continues to threat her in some way.  

-> It may also specify the details pertaining to the future course of conduct between both the parties. For example whether they agree to interact and collaborate in future on a need basis, pointers on a manner of collaboration.

The settlement between the employee and the victim must be forwarded by the ICC to the employer and in-case of Local Complaints Committee to the District Officer.

-> If the conciliation is not feasible, the ICC will begin its enquiry into the matter. This inquiry must be completed in 90 days followed by a report recommending the action to be taken by the employer.

-> If the woman has requested an interim measure, on the recommendation of the ICC, the employer must grant it pending completion of its inquiry.

-> In an appropriate case, the ICC may suggest the woman to approach the police to file a FIR. The employer is required to provide all necessary support to the woman in this process.

Sources -


SEXUAL harassment at workplace law_0
SHEROES - lives and stories of women we are and we want to be. Connecting the dots. Moving the needle. Also world's largest community of women, based out of India. Meet us at @SHEROESIndia

Share the Article :

Similar Articles You love
Download App

Get The App

Experience the best of SHEROES - Download the Free Mobile APP Now!