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Kritarth Consulting
200

" Learning Session For ICC Members on How to Conduct Internal Inquiry into Sexual Harassment Complaints or Reports "

Suddenly, the Inquiry Procedures to be followed in accordance with the Principles of Natural Justice have caught Managements Attention /Fancy and gained Momentum & Importance.

The Immediate Reason is the Legal Mandate reiterated again by the New Law passed in 2013 that Internal Inquiries into Sexual Harassment Complaints or Reports must / ought to be followed in Letter and in Spirit,, properly and faithfully.

Internal Complaints Committee Members nominated as per Sexual Harassment of Woman at Workplace (P,P &R) Act 2013 are legally required to conduct Internal Inquiries into S H Complaints or Reports strictly in accordance with the Principles of Natural Justice and write Inquiry Reports with their "Findings".

Generally, the ICC Members have not taken any Training and are less than competent to conduct the Inquiries and often are at a loss as to What are the Inquiry Procedures laid down for such Internal / Domestic Inquiries, What Order should be followed during Inquiries, What is meant by Recording the Examination and or Cross-Examination of the Complainant , the Respondent and their respective Witnesses or for that matter How to Admit the Documentary or other Forms of Evidences.

The ICC Members generally no idea of How to Write Inquiry Reports with their Findings and What is a Perverse Finding.

Bad Inquiry results in Judicial Review, Disappointments Unwelcome Publicity and may amount to Dereliction of Duty on the Part of the concerned ICC whose Members or Members may face their Removal from the august Legal Body/Entity.

It is therefore Important for all Employers (Managements), Head of Institutions to organize Training Programs for ICC Members so that they Learn and become Proficient in Discharging their Legal Duties.

It is Cost -Effective for Employers/ Managements to Organize IN-HOUSE Training Program on Inquiry Procedures. The H R Personnel will benefit from participating in this Program

Just Call Kritarth Team & Place your Order for Organizing the Workshop for your ICC & H R Managers.

Kritarth Team is also organizing Open -House Workshops on Inquiry Procedures in Bengaluru, Delhi NCR, Hyderabad, Mumbai, Navi Mumbai, Pune in coming Weeks. You have a Choice to nominate your ICC Members to any Workshops for a lowest possible Investment.

These Workshops will be conducted by Harsh K Sharan X L R I Alumnus, Former VP-HR, Management Faculty. He fulfills the prescribed Qualifications & Competence of serving as a Spl Educator PoSH Programs.

Kritarth Team, Bengaluru Office
info@kritarth.in ,
91 9560 453 756; 91 9880 299 349
20 October 2015

From India, Delhi
Kritarth Consulting
200

"Sexual Harassment Complaints - All About Inquiry Procedures laid down by the Law"

Open - House Workshop / Training Programs organized by Kritarth Consulting
in Bengaluru (2nd Dec 2015), in Delhi (14th Dec 15) , in Hyderabad (4th Dec 15), in Mumbai (16th Dec 2015) and in Pune (18th Dec 2015)


Holding proper Inquiry into Sexual Harassment Complaints as per laid down Procedures and in accordance with the Two Principles of Natural Justice is a Legal Requirement as per the New Act namely " Sexual Harassment of Woman at Workplace (P,P& R) Act 2013 and the Rules framed thereunder and gazetted.

The Inquiry into Sexual Harassment Complaints must be conducted by the Internal Complaints Complaints Committee constituted under the above mentioned Act by the Employer, Head of Institutions .

The moot / debatable Point is - Are the Members of the ICC trained to conduct the Internal Inquiry into Sexual Harassment Complaints in each & every Establishment / Organization.

ICC Members are Employees drawn from various Dept. /Functions and generally Do Not Know / are not fully aware of the Inquiry Procedures prescribed in the Act/Law.

Bad Inquiry are likely. Because of ignorance / lack of proper Training to be able to conduct Proper, Just and Fair Inquiry. The ICC Members have no idea about How to Record Testimonies of the Complainant, the Respondent (the accused) and their Witnesses and or Documents; How to Conduct Cross-Examination and above all How to Write Inquiry Reports with Findings.

The ICC Members need to be trained in doing Inquiries faithfully and properly. In fact, the New Law makes it Mandatory for the Employers, Heads of Institutions to organize Capacity & Skills Building Program & Orientation Program for the ICC Members. maintain Record and mention this in the Annual Statutory Report to be filed for the Calendar Year.

Harsh K Sharan XLRI Alumnus and Spl Educator, Kritarth Consulting Pvt Ltd will conduct these Open -House Workshops / Training Programs for the ICC Members on the Dates and Locations mentioned above.

Those who are planning to hold the Mandatory Programs for the ICC Members, In-House may contact Kritarth Team at info@kritarth.in, 91 9560 453756, 91 9880 299 349 Immediately.

For Registering Nominations please Write to / Contact Kritarth Consulting at info@kritarth.in 91 9560 453756 .9880 299 349

Kritarth Team
17th Nov 2015

From India, Delhi
Kritarth Consulting
200

Attn: All Employers Heads of Institutions

Qualified & Competent Person Available to Serve as ICC Member (External)

It is Mandatory for all the Employers / Heads of Institutions to constitute an Internal Complaints Committee ( ICC) in their Establishment ( and at all the Units /Offices) under the New Law namely " Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013" with minimum Four (4) ICC Members :

1. One Sr Woman Employee as the Presiding Officer;
2. One Woman Employee as ICC Member;
3. One Male or another Woman Employee as ICC Member; and
4. ICC Member (External) who is a Non-employee fulfilling the Qualification and Competence to serve as ICC Member

Mr Harsh Kumar Sharan (XLRI Alumnus) fulfills the prescribed Qualification and Competence to serve as ICC Member (External). He is the ICC Member (External) duly nominated by No of Employers in Bengaluru, Delhi, Mumbai, Hyderabad

The Employers and or the Head Human Resources may Contact Harsh at hksharan@kritarth.in 91 9560453 756

He has Hands-On Experience of Conducting Conciliation, Inquiries in accordance with the Principles of Natural Justice and all 21 Tasks entrusted to ICC by the Law

Kritarth Consulting Pvt. Ltd
5.2.16.

From India, Delhi
Kritarth Consulting
200

Duties, Responsibilities & Role of ICC Member (External) under Sexual Harassment of Woman at Workplace (P,P & R) Act 2013

Nomination of a Non-Employee-Outsider to Serve as the Member (External) on the ICC ( Internal Complaints Committee) under Section 4 of SHWW Act is Mandatory / Legally-Compulsory-Duty of the Employers, Heads of Institutions as stipulated in Section 19 Heading Employers Duty.

The Objective of inducting a Member (External) on the ICC is to ensure that 1) This Member (External) is fully - familiar with the Issues of Sexual Harassment at Workplace ( Misuse of Official Authority ; Conceptual Clarity on Quid pro quo and Why the Aggrieved Women often hesitate to raise their Voice / Complaints) and would never Brook any Interference from any quarter, would not pay any heed to Extraneous Considerations , Pressures or External Influence whatsoever including from the Head of the Establishments / Institutions mar the Prudence, Judgement of the ICC Members, individually and or Collectively.

The Most Suitable Person qualified / eligible to be Nominated as ICC Member (External) to effectively , properly and faithfully perform the Duties, Responsibilities and Role envisioned in the Laws, in Letter and in Spirit, ought therefore necessarily to be someone WHO is i) not interested in the Outcome of the Sexual Harassment Complaint, ii) remains Impartial and Unbiased, ii) acts Non-Arbitrarily always and iv) exudes Stout Confidence, Unshakable Convictions and shall in No Circumstances/Situation yield to pressures /influence and the like.

The Most Sought after qualification of this Person ought to be his/her impeccable Record of Serving the Cause which supports his/her Role in the Functioning of the ICC.

Those Employers Heads of Institutions HR Heads who are seeking such a Competent Person may contact Harsh Kumar Sharan of Kritarth Consulting Pvt Ltd.
Harsh is well-groomed in XLRI and possesses the Competence and Qualifications, Eligibility as prescribed in the SHWW Act 2013. Harsh is already Member (External) in Establishments.

Harsh is well-versed with the 21 Tasks entrusted to the ICC particularly the following:

a) Conducting Internal Inquiries by ICC in accordance with Principles of Natural Justice. ICC Inquiry Proceedings will include Recording the Testimonies of the Complainant, the Respondent and their Witnesses if any;

2. Writing Inquiry Reports with Findings;

3. Conducting Conciliation Proceedings at the behest of the Complainant;

4. Determining Compensation claimed by the Aggrieved Woman:

5. Writing ICC Recommendations to for the Employers Considerations etc.

Contact Kritarth Team
info@kritarth.in
hksharan@kritarth.in
shakti@kritarth.in
91 9560 453 756 / 91 9880 299 349
21st Feb 2016

From India, Delhi
Kritarth Consulting
200

Attention



Members of ICC (Internal Complaints Committees)

Are you fully prepared to perform your Duties, Responsibilities and Role as the ICC Members?

Do you know the TASKS you must perform as ICC Members?

To begin with, the ICC Members need to perform 25 Tasks properly and faithfully.

Have you attended the Mandatory Programs to be compulsorily organized by your Employer so that you are thoroughly prepared to discharge your 25 Duties?

The purpose of these Mandatory Programs is to build your Capacity/Capability to perform /discharge your Duties satisfactorily. Without attending these 2 / Twin Programs, HOW would you do your Duties? For Dereliction of Duty on your part as nominated ICC Member, you may be taken out of the ICC.

To prevent and avoid that situation, the Law made it Compulsory for you to attend the Orientation and Capacity & Skills Building Programs to be conducted by a SPL EDUCATOR as defined in the law.

Moreover, the ICC Presiding Officer must File the Annual Statutory Report for Calendar year i.e. 2013, 2014, 2015 to the District Officer mentioning Whether the 2 Programs for the ICC Members were held or Not Held.

The Spl Educator, Harsh K Sharan XLRI Alumnus conducts the Twin PoSH Programs for the ICC Members. Harsh has conducted dozens of Programs for reputed MNC & Indian Companies, Educational Institution and Research Center.

You May please Contact Harsh for attending ICC Members Programs at:-----

/ /

91 9880 299349 / 91 9560 453756

Kritarth Consulting

16th March 2016

From India, Delhi
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