Ramesh Kumar Gupta, a Director of 'Flavors of Delhi Private Ltd.,' a prominent restaurant business located in Connaught Place, Delhi, employs 20 male staff members. He has approached you, a practicing Company Secretary,

CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · June 2025
Ramesh Kumar Gupta, a Director of 'Flavors of Delhi Private Ltd.,' a prominent restaurant business located in Connaught Place, Delhi, employs 20 male staff members. He has approached you, a practicing Company Secretary, for your opinion on the following: Whether Flavors of Delhi Private Ltd. is required to establish an Internal Complaints Committee (ICC) under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Answer & Explanation:

Answer 6(a) (i) Requirement to constitute an Internal Complaints Committee (ICC): According to Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, requires an employer to setup an Internal Complaints Committee ('ICC') at each office or branch, of an organization employing 10 or more employees, to hear and relates redress grievances pertaining to sexual harassment. It is irrespective of whether there are currently any female employees. The Act is designed to create a safe and secure working environment for women, and it applies to all workplaces, including restaurants, offices, and other establishments. Since "Flavors of Delhi Private Ltd.' employs 20 employees, it falls under the purview of the Act, even though there are no female employees at present. The absence of female staff does not exempt the company from the requirement of forming an ICC. The committee must be constituted to address any future complaints of sexual harassment, should the company hire female employees or engage with women in any capacity (e.g., customers, vendors, or contractors).

Topics: Labour Laws

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