----PoSH Implementation Specialist----
Without any Exception, Every Employer of Every Workplace in India is duty-bound to implement all the Provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 which came into force on and from 9.12.2013.
Employer’s Ten Legally-enforceable Duties are listed in Section-19 of the Act categorically and in addition, other relevant Sections apply.
It is natural for few Employers to seek and secure for sure, the Specialists Clarity, Guidance, Help and active Assistance particularly in following Specialized Field:
A. In training the Members of the Internal Committee (formerly Internal Complaints Committee) in performing their 25 Duties, some listed below:
i) Conducting Conciliation Proceedings at the request of the Complainant;
ii) Conducting Inquiry in accordance with Principles of Natural Justice;
iii) Writing Inquiry Report with definite and conclusive Findings and without any Perverse or Arbitrary Findings;
iv) Writing Recommendations relating to a) Grant of Leave up to 90 days with Wages applied for by the Complainant in addition to the Leave
admissible to her, b) Her request for her Deployment elsewhere during the pendency of Inquiry or the Respondent’s Deployment, c) Her
claim of Compensation, d) Her request for Extension of Time over and above 90 days to enable her to file her Complaint in next 90 days, e)
Forwarding to the Police the Complaint in certain situations and inter alia f) Writing and Filing Mandatory Annual Report before District
Officer, a State Govt Authority.
B. In awakening IC Members to accept and then act accordingly that since 9.12.2013, any act of Sexual Harassment is treated as Violation of
the Fundamental Rights of Women to Life with Dignity (Article 21), Right to Equality (Article 14) and Right to practice any Profession (Article
17) guaranteed by the Constitution of India punishable with imprisonment and or Fine.
C. In making the IC Members realize that it is their bounden Duty, not just Obligation, to Co-create in collaboration with Employees and
Employer a Safe and Secure Workplace Where No Woman shall be subjected to Sexual Harassment, ever. And, also that Women’s’
Fundamental Rights to Life with Dignity and Joy shall be protected and upheld by one and all;
D. And in the event a Complaint is made or received by the Employer, her Complaint shall never be trivialized and scoffed at and redressed as
per the Law within the shortest possible time, in any case within prescribed 90 days’ time limit by the Internal Committee or the Local
Committee, as the case may be, as per laid down procedures, impartially, fairly and properly.
All these are Highly Specialized Learnable Skills which should be mastered by each of the Members of the Internal Committee, an independent Legal Entity.
Employers are Welcome to seek assistance, Guidance, and Help of the Specialist in above-mentioned Functions / Learning.
Transformatix Performance Solutions,
October 15, 2017 15th October 2017 From India, Delhi