In next Four Months, Every Presiding Officer of Each Internal Committee, constituted under Section-4* shall be called upon / Law-Bound to Prepare the Mandatory Annual Report (under Section-21*), and
File the Annual Report in respect of Calenday year 2018, preapared in accordance with the Rule-14 of the Central Rules gazetted on 9.12.13;
Before the respective District Officer so designated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013; and
Forward a Copy of the said Annual Report to the Employer of the Establishment/Institution for the Employer/Head of Institutions to incorporate the Data/Information so furnished in their Companies Annual Report to be Filed before the ROC or designated Govt Authorities ( section-22).
For Filing an "Accurate Annual Report", the Presiding Officer of Each Internal Committee MUST Enure that the Data /Information o Furnihed in Her Report is Accurate, Reliable and Verifiable by the Monitoring Authorities.
The Annual Report which the Internal Committee shall prepare hall have the following details:--
a) Number of Complaints of Sexual Harassment received in the year ( read 2018);
b) Number of Complaints of Sexual Harassment " Diposed Off" during the year (2018);
c) Number of Cases pending for more than Ninety Day;
d) Number of Workshops or Awarene Programs againt Sexual Harassment carried out; and
e) Nature of Action taken by the Employer oo the Organization/Institution.
Those Employers who have not taken Action and Or Not Discharged their Duties precribed / spelt out under Section 19 of the aid Act 2013 MUST Safeguard themselves from the Stringent Penalties provided under ection-26 of the Act 2013 and other Acts applicable
Kritarth Team of Spl Educators Request/Reminds Employers / Management Quick Action-Steps.
Organizing the Mandatory i) Orintation Programs for the IC Members to inform /apprise them of their nearly 25 Duties /Tasks; and
Organizing the ii) Capacity & Skills Building Programs for the IC Members to train them in How to Discharge their Duties, faithfully and properly May Be a Time -taking Process, even When started NOW
17th August 2017
On and from Monday 9th December 2013, came into force, all the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, vide the Extraordinary Gazette of India No 2733 published by the Ministry of Women and Child Development, in exercise of Powers conferred under Section-1, sub-section (3) and the Rules framed under Section (29) and gazetted.
Every Employer of Every Workplace is covered by the Provisions of the aforesaid Act. There is No Exemption and or Immunity, whatsoever.
Ground reality, however, is Alarming. As is known Not Every Employer of Organizations/Establishments in the Country, has Obeyed the Law, faithfully and properly, in letter and Spirit.
As a result, the very purpose of Business Organization of constantly Creating Wealth and Wellbeing is Self-defeated. Not Every One at the Workplace is contributing 100% especially those Women who have been subjected to or may be still being subjected to acts of Sexual Harassment are unable to contribute 100% Performance Output directly causing Business Loss of Income. Cuse of Concern for Employers and other Stake-Holders. Not that the Employer or Management is wholly unaware of gross “Under-Performance” on the part of few, solely due to occurrence of SH at Workplaces, the root cause may be Ignorance about the Law-in-Force, as it were.
Laws ask “None” whether s/he shall OBEY. That is Not the Choice. Every Employer of Every Workplace has to OBEY. The Choice is HOW? After Penalties are imposed or Before the Penalties are invoked. Safeguards from Penalties are Easy and Simple. Avoid Penalties. Avoid damage to Reputation. Come Forward and Comply with the said Provisions. Help is at hand.
The Duties of Employers Listed in Section-19 of the SHWW (P,P &R) Act 2013 are Mandatory and Reportable under Section-22 of the said Act and under Companies Act. The Action-Taken Report needs to be Filed by Every Presiding Officer of Each Internal Committee in respect of Calendar Year 2013, 2014, 2015, 2016, 2017 and in next 4 Months for year 2018.
Helpful Reminder from Kritarth Team of Spl Educators.
Almost 5 years ago, the Law* made it Mandatory for Every Employer of Organizations (Establishments or Undertakings) in India to Organize the “Orientation” Programs (Section-19, sub-section C) and “Capacity & Skills Building” Programs for the Members of the Internal Committees) constituted under Section-4 of the “Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.
The Moot Point/ Point to Ponder is Whether Every Employer liable to obey the Law, has or has not obeyed the Law, till date, faithfully and properly.
Every Employer, for each of the preceding 5 years beginning 2013-14, was made Legally Liable to include in the Annual Report of his/her Organization a) the Number of Cases of SH Filed, if any, and b) their disposal under this Act; and Where No such Report was required to be prepared, c) Intimate such Number of S H Cases, if any, to the District Officer.
Whether Every Employer has “Discharged his/her Legally-Enforceable Duty” in Letter and Spirit of the Law, faithfully and properly?
In addition, Every Presiding Officer of Each Internal Committee in India, was in each of the previous 5 Years, Law-Bound to File the Annual Report under Her Signature as prescribed under Section-21 and Rule-14 (a), (b). (c), (d) and (e) of the Rules gazetted on 9.12.2013.
Has Every Presiding Officer of Each Internal Committee - an Independ Legal Entity in itself-discharged her Legally Enforceable Legal Duty?
We, of the Human Resource Community, ought to realize our Role of Being the “Aid and Advisor” of or to the Employer (Management) Effectively and Co-Create a Safe and Secure Workplace in India Where No Woman Shall Be Subjected to Sexual Harassment which is also the Pre-Requisite for Any Workplace where Everyone Contributes Nothing Less than 100% Performance Output.
Now that Sexual Harassment of Women at Workplace is to be treated as Violation of Fundamental Right of Women to Life with Dignity, as reiterated in the Preamble of the SHWW Act 2013, besides the aid Act amounting to an Act of Misconduct as per the Service Rules or the Certified Standing Orders, as the case may be, let us all Support and Honour our Own Constitution as well as our own Service Rules or the Standing Orders.
Let us Come Together, Stay Together and Work Together for the Cause of Obeying our own Laws.
The Appropriate Government is monitoring implementation of the aforesaid Law by maintaining Data on the Number of S H Cases Filed and Disposed of in respect of All Cases of Sexual Harassment at Workplace. Recently, the Honourable Supreme Court of India, by an Order, asked all the State Govt. Functionaries to Submit Status-Report within given Time Limit on Implementation of the aforesaid SHWW (P,P&R) Act 2013.
For increasing Awareness