Cotinued............."What it means when Woman-Employees complain of Sexual Harassment”
For Employer- Essential Action-Steps:--
Now that your Aggrieved-Woman-Employee has boldly taken her "Leap of Faith" trusting that Justice Shall Be Done by you and Shall Be So Seen by her, the Sexual Harassment Complaint/ Allegation should be taken cognizance of (of coyurse without anyone trivializing the Complaints) and you or the Punishing Authority so designated on behalf of the Employer, should promptly take below Listed Actions -in-sequence:-
1. Issue a properly drafted Explanation-Seeking Letter (a Charge-Sheet or Show Cuase Notice in common parlence) attaching a
xerox/photocopy of the Written Cmplaints filed by the Complainant. This issuing & obtaining receipt be in Strict Confidence);
2. Advise the Respondent (the Employee against whom theComplaint is filed) to submit his/her Written Explanation/ Reply in
defence within 2/3 Working Days as stipulated in your Cdified Service Rules or Certified Standing Orders. Inform the
Respondent that his/her Written Explanation/Reply shall be forwarded to the Internal Committee for "ascertaing the
Truth/Facts of the Complaints and that s/he shall be afforded/given all reasonbale Opportunity to defend the allegations
Cross-exmine the Complainant and or the Evidence or Witnesses examined by the Complainant during IC Inquiry
Proceedings;
3. After receiveing the Explanation/Reply, forward the same to your Internal Committee with connected Documents namely i)
Written Complaint in Original etc) asking the IC to commence, conduct & conclude their Proceedings and submit their
"Findings"-- Definite and Conclusive; and
4. After you/ the Punishing Authoity receives the " IC Findings with or without Recommendations" apply your mind and award
Prprtionate Punishment as per your SR or SO applicable to the Respondent; and
5. In case the IC Finds the Complaint to be False, initiate Diciplinary Action against the Woman-Employee-Compainant.
It is pertimnent to point out to Employers that while you Constitute your IC or nominate afresh a New Employee as IC Member or Nominate an Outsider as IC Member (External) as per Section-4, apply/use your "Discretion" , Abide by the Provisions and Guidelines given by the Hon'ble Hight Courts/ SC and above all keep in mind the Provision under Rule 7 (6) of the SHWW ( P,P &R) Rules gazetted on 9.12.2013.
The Duties of your IC after receiving the sh Complaint shall be covered in next Post......................
------To be continued in next Post
Harsh K Sharan,
Spl Educator PoSH Programs,
Kritarth Consulting,
28.5.2020
From India, Delhi
200For Employer- Essential Action-Steps:--
Now that your Aggrieved-Woman-Employee has boldly taken her "Leap of Faith" trusting that Justice Shall Be Done by you and Shall Be So Seen by her, the Sexual Harassment Complaint/ Allegation should be taken cognizance of (of coyurse without anyone trivializing the Complaints) and you or the Punishing Authority so designated on behalf of the Employer, should promptly take below Listed Actions -in-sequence:-
1. Issue a properly drafted Explanation-Seeking Letter (a Charge-Sheet or Show Cuase Notice in common parlence) attaching a
xerox/photocopy of the Written Cmplaints filed by the Complainant. This issuing & obtaining receipt be in Strict Confidence);
2. Advise the Respondent (the Employee against whom theComplaint is filed) to submit his/her Written Explanation/ Reply in
defence within 2/3 Working Days as stipulated in your Cdified Service Rules or Certified Standing Orders. Inform the
Respondent that his/her Written Explanation/Reply shall be forwarded to the Internal Committee for "ascertaing the
Truth/Facts of the Complaints and that s/he shall be afforded/given all reasonbale Opportunity to defend the allegations
Cross-exmine the Complainant and or the Evidence or Witnesses examined by the Complainant during IC Inquiry
Proceedings;
3. After receiveing the Explanation/Reply, forward the same to your Internal Committee with connected Documents namely i)
Written Complaint in Original etc) asking the IC to commence, conduct & conclude their Proceedings and submit their
"Findings"-- Definite and Conclusive; and
4. After you/ the Punishing Authoity receives the " IC Findings with or without Recommendations" apply your mind and award
Prprtionate Punishment as per your SR or SO applicable to the Respondent; and
5. In case the IC Finds the Complaint to be False, initiate Diciplinary Action against the Woman-Employee-Compainant.
It is pertimnent to point out to Employers that while you Constitute your IC or nominate afresh a New Employee as IC Member or Nominate an Outsider as IC Member (External) as per Section-4, apply/use your "Discretion" , Abide by the Provisions and Guidelines given by the Hon'ble Hight Courts/ SC and above all keep in mind the Provision under Rule 7 (6) of the SHWW ( P,P &R) Rules gazetted on 9.12.2013.
The Duties of your IC after receiving the sh Complaint shall be covered in next Post......................
------To be continued in next Post
Harsh K Sharan,
Spl Educator PoSH Programs,
Kritarth Consulting,
28.5.2020
From India, Delhi
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