---Think Piece on Duties of Employers, Section-19 of the Sexual Harassment of Women at Workplace (P, P &R) Act 2013---
Every Employer of Every Workplace, in India, is Legally Duty-bound to
i) Provide Protection to Women from Sexual Harassment at Workplace and
ii) Prevent, Prohibit and Redress of Complaints for Sexual Harassment and matters connected therewith and incidental thereto.
There is No Exemption or Immunity, whatsoever to any Employer/ Management.
Duties of Employers, prescribed under Section-19 of SHWW (P, P &R) Act 2013 include, inter alia, the following Legally Enforceable Duties:
1. Provide Safe Working Environment at the Workplace;
2. Display conspicuously Employer’s Policy towards Prevention & Prohibition of Sexual Harassment of Women of any age at Workplace;
3. Display Conspicuously the Penal Consequences of committing Act of S H;
4. Display conspicuously the Order constituting Internal Committee;
5. Organize at regular Intervals, a) Mandatory Orientation Programs to educate the Internal Committee Members about their 25 Duties and b)
Mandatory Capacity & Skills Building Programs, for the Internal Committee Members to make them Capable and Competent and train
them How to Discharge their 25 Legal Duties/Tasks and;
6. Organize, at regular intervals, Awareness Programs for Employees to sensitize them about the Provisions of the said Act of 2013;
7. Provide all reasonable assistance to the Aggrieved Woman Complainant if she opts/chooses to file her SH Complaint with nearest Police
Station under IPC (Indian Penal Code or any other Law in force;
8. Amend the Works Standing Orders or the Service Rules, as the case may be, to incorporate Sexual Harassment as an Act of Misconduct and
take Disciplinary Action; and
9. Monitor timely submission of Reports namely i) Inquiry Reports with conclusive and definite Findings and ii) Filing Mandatory Annual
Reports under Rule 14 in respect of preceding Calendar Year before the District Officer under the Signature of the Presiding Officer of
respective Internal Committees.
Without Experts Guidance, Assistance and Training, neither the Employer nor the Management Team nor the IC Members who are ordinarily Employees without any Legal Training, are able to or capable of or competent to Discharge their above mentioned Duties/the Specialized Functions.
That is why these Programs are Mandatory to be held/conducted by Spl Educators. We as Spl Educators educate/train the Internal Committee Members in performing/ discharging their 25 Duties like:
i. How to conduct Conciliation Proceedings;
ii. How to conduct Inquiry Proceedings in accordance with the Principles of Natural Justice and the Procedure laid down for such Internal
iii. How to Record the Testimony and Evidence during Inquiry Proceedings in the presence of the Complainant and the Respondent;
iv. How to conduct “Examination” and or “Cross-examination during Inquiry;
v. How to write Inquiry Reports with conclusive and definite Findings;
vi. How to write Recommendations to the Employer;
vii. How to effectively deal with “ticklish situations” which crop up during Inquiry, etc
For other Services like serving as Member (External) on the IC and actively participating in IC Inquiry Proceedings, Writing Inquiry Reports, Drafting PoSH Policy, Designing Preventive Mechanism, Workplace Sanitization Schemes, the Fees payable can be shared on request.
Harsh K Sharan,
Spl Educator PoSH Programs, Serving IC Member (External),
Kritarth Consulting Pvt Ltd,
Bengaluru Service Center,
From India, Delhi
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