--- Sexual Harassment at Workplace Complaints - Disciplinary Action Steps ---
Sexual Harassment of Women at Workplace "constitute an Act of Misconduct" on the part of the Employee against whom the SH Allegation /Complaint has been filed reported according to the Standing Orders or theServices Rules applicable to the concerned Employee, and therefore Disciplinary Action-Steps, as Listed below, are suggested:
1. Prepare a proper Charge-Sheet or Explanation-seeking Letter (often referred to as Show-Cause Notice) to be issued to the Employee-Respondent mentioning 04 verified Data/Information namely Date, Time, Place of occurence of the SH Act, Behaviour, Conduct or Incident reported;
2. Get the same Sheet/Letter/ Notice signed by the Issuing Authority so authorized by Employer;
3. Issue the Signed Sheet/Letter/ Notice to the Employee-Respondent a) informing the Employee of the Allegations/Charges leveled against the Employee, in easy to understand Communication/Language/Text b) Advisin theEmployee-Respondent to submit Written Reply/Explanation in-defence within specified Time Limit. It is expedient to enclose a Photocopy of the Written SH Complaint for ready reference, Record and to enable Employee-Respondent to prepare & submit the Written-Explanation/Reply in defence;
4. As soon as the Written Explanation/Reply is received from the Employee-Respondent, forward all the above mentioned Letters/Documents to the Internal Committee constituted in the Establishment employing theEmployee-Respondent so that the IC begins their Proceedings namely either i) Conciliation Proceedings only at the behest of the Aggrieved Woman-Complainant or ii) Full-ledged Enquiry Procedures in accordance with the Principles of Natural Justice as well as the prescribed Procedure for such Internal Enquiries;
5. Employer/Management to render all reasonable assistance to the Internal Committee as Prescribed/Listed in Section-19 of SHWW (P, P & R) Act 2013 under Heading " Duties of Employer" and the Rule-6 (7) of the Rules framed under the said Act, including releasing the Employee-Respondent and Witnesses to participate in IC Proceedings and inter alia, Monitoring Submission of IC Report with Findings etc;
6. On completion of IC Proceedings, ensure/monitor that Copy of the IC Findings is issued to the Complainant and the Employee-Respondent enabling them, both to submit their Representation, if any against the IC Findings;
7. At the end of above narrated Steps, initiate necessary Disciplinary Action/Punishment in line with IC's Recommendation ) Punishment or Condonation as the case may be.
Harsh K Sharan,
Serving as External Member of ICs
Kritarth Team ofSpl Educators,
1 Dec 2019
From India, Delhi
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