Guidance Sought: --“Please guide me to make SOP of Internal Complaints Committee—“.
Guidance from Kritarth Team: First thing First; As per the Amendment Gazetted on 9th May 2016, the Word/Expression "Complaints", wherever it occurs, stands deleted. Accordingly, the erstwhile ICC (Internal Complaints Committee) is now known as and referred to as IC (Internal Committee), Wherever so constituted by the Employer under Section-4 of the Sexual Harassment of Women (P, P & R) Act 2013.
We welcome your Employer's/Managment Initiative to provide all reasonable assistance to the IC to frame certain SOP (Standard Operating Procedure) for their own effective Functioning. The IC (Internal Committee) is an Independent Legal Entity, not Supervised by anyone, external to itself, nor reports to the Employer/others excepting the Laws of the Land. Hence, Let the IC Members self-design, adopt and practice the Guidelines/SOPs so designed by the IC.
To help the IC Members to become capable to Self-Govern itself, with their own Guidelines/SOPs as it were, the SHWW (P, P&R) Act 2013, has made it Mandatory for Every Employer to organize Orientation Program for the IC so that the IC Members (Minimum Four) would come to know their Legal Duties, Responsibilities, and Role (nearly 25 of them) and File an Annual Report before the District Officer that such Programs have been actually Organized for the IC Members (Section-21 of SHWW Act 2013).
Another Program for the IC Members is Capacity & Skills Building Program to be Mandatorily Organized by Every Employer and Action Taken Report Filed before the District Officer by the IC Presiding Officer.
Th e aforesaid Amendment is Significant, Revolutionary, Cutting-edge and innovative because it restores the "True Original Purpose" "True Intent" of the Law Makers who intended that the Internal Committee - an independent Legal Entity in its own capacity - discharges its Duty of Co-creating a Safe and Secure Workplace Environment Where No Woman Shall Be Subjected to Sexual Harassment" and That her Fundamental Rights (Article 14,15, 21) to Life with Dignity, Equality before the Law and Earn her Livelihood is Upheld, Protected as Guaranteed by the Constitution of India.
Let us all at our respective Workplaces, faithfully and properly, Discharge our Fundamental Duties enshrined in Article 51 A (e) which reads... to renounce Practices derogatory to the Dignity of Women"
Kritarth Team of Special Educators and IC Member (External) is forever willing and ready to Offer any Assistance, Guidance and Help To Employer and IC Members.
5th June 2018
5th June 2018 From India, Delhi
First of all I thank you very much for your guidance extended to me.
I have a doubt on some areas for discussion
1. You clearly notified that IC is the Independent Legal Entity even I too know but Presiding Officer of IC is the employee of the organisation. So how can we say that supervision should not done by the organisation and the same as to SOP which they are asking to frame.
2. Some organisation's head conduct IC meeting with NGO for review periodically whether IC is functioning in a proper way,whether they are discharging their duties, etc.,
Is these necessary or mandatory for the organisations.
Please clarify the above said doubts.
Thanks and Regards
6th June 2018 From India, Villupuram
Clarification Offered:--- Employers (read Management and or Supervisory Cadre Staff) , undoubtedly can and should and shall Supervise, Manage and Control their Employees/Subordinates for the Duties, Responsibilities, and Role of respective Employee, But/yet they are only authorized/empowered to MONITOR the Internal Committee Duties in respect of Submission of Reports of their Proceedings to either them or the District Officer. (Section-19, Duties of Employers, SHWW Act 2013 ). The Employees are governed by the Service Rules and the Standing Orders as being the Employees. Employee-IC Members are Appointees; Whereas,
IC Members are Nominated from amongst the Employees of the respective Establishments (Section-4 SHWW Act 2013), are governed by the said SHWW Act 2013 with the Powers /Authority of the Civil Courts in certain matters and consequently shall be liable to the Laws for any Dereliction of Duty as IC Member.
As the IC Members are from amongst Employees, they Might Not Be fully-conversant or Familiar with their Legal Duties, Responsibilities, and Role, Hence, SHWW Act made it Mandatory for EVERY Employer to Organize the Mandatory Programs for the IC Members and Report Action-Taken. TRUST, your Employer already has Organized the Mandatory Twin Programs for the IC Members namely i) Orientation Program and ii) Capacity & Skills Building Program and has Incorporated the Acto-Taken Report in the Annual Report under the Companies Act and has Monitored to ensure that the Presiding Officer has Filed before the District Officer, the Annual Report (Section-21 of SHWW Act 2013).
Further, the Objective of Inducting an Outsider Non-employee as IC Member (External) was and so remains is to ensure/Optimize Zero External Influence or interference or the like, whatsoever and therefore Employer's stated reported context/ Act of conduct Meeting (Review as it were) amount to an overstep the Jurisdiction of the IC.
Clarifications Offered by Kritarth Team of Spl Educators.
Requests for Assistance, Conducting Mandatory Programs for the IC Members Are Welcome.
23rd June 2018 From India, Delhi