--"What it means when Woman-Employees complain of Sexual Harassment"-- 3rd Part
(.....continued from earlier CiteHR Posts on 28.5.2020.....)
"Recap":--- What was discussed in earlier 2 Posts on 28.5.2020?
1. Why Women-Employees approach Employers and Not Go to Police or Courts or She-Box, the On-Line Portal; and
2.Why Employers (Punishing Authorities) Must Issue Charge-Sheet/Show-Cause Notice/Explanation Letter to Employee-
Respondent & Seek Reply-in-defence of “allegations Levelled”. https://assets.grammarly.com/emoji/v...i/v1/1f454.svg
Role of Internal Committee & IC’s 24 Legal Duties---Jurisdiction of Internal Committees vis-ŕ-vis Local Committee:-
Each IC constituted at Each Workplace Must First check its Jurisdiction:-
1.YES, if Respondent & Complainant are employed in the same Workplace for which the IC is constituted by a Written Order;
2.YES, if the Respondent is employed in the Workplace for which the IC is constituted and the Woman-Complainant is a Non-
3. NO Jurisdiction if the Respondent (the Person against whom the SH Complaint is filed) is Non-Employee Outsider and Woman-Complainant is an Employee at the Workplace for which the IC is constituted;
4.NO, Jurisdiction if the Respondent is employed at another Workplace known to the Complainant or her Employer or her IC, the SH Complaint received from Employee-Complainant should be forwarded to the IC constituted at Respondent’s Workplace along with a Forwarding Letter addressed to her/his Employer copy to the IC constituted at different Workplace requesting IC Proceedings into the sent Complaint and for making available Copy of that IC’s Findings with Recommendation to enable Complainant’s Employer & her IC to incorporate the Findings in their Annual Report under Sections 21 & 22 of SHWW Act 2013;
5. NO Jurisdiction if the Person against whom the SH Complaint is filed is an Outsider/Stranger and his/her whereabouts are known or unknown in which circumstance, the SH Complaint need to be forwarded to nearest Police Station and or Local Committee constituted in the District in which the S H occurred; and
6. NO Jurisdiction if the Person against whom the SH Complaint is filed is the Employer at of the Workplace for which the IC is constituted.
Curtain-Raiser:----Once, the Internal Committee’s (the IC) Jurisdiction is affirmed and the Employers duly forwards to the IC, the i) Original Complaint, ii) Copy of Explanation-Seeking Letter or the Charge-sheet issued to the Employee-Respondent and iii) the Explanation/Reply from the Employee-Respondent, the concerned IC should take below Listed Action-Steps and maintain proper Records:-
i) Decide the Date, Time and Place/Venue of commencing, conducting and concluding their (the IC’s) Proceedings in consultations with IC Members;
ii) Issue Notices to the Complainant and the Respondent informing them, both about the Date, Time and Place of IC Proceedings; and
iii) Advise them to attend & participate in the Proceedings along with their respective Evidence and or Witnesses, if any and “Not to make Known the Identity of the Complainant or the Respondent; that all reasonable opportunity shall be given to put up their Case/Side; and inter alia
iv) Informing them both, that the IC Proceedings shall be conducted in accordance with the Twin Principles of Natural Justice as well as the Procedures prescribed for such Internal Proceedings; and
v) Keep in Record, their Acknowledgements of receiving Copies of the IC Proceedings Notice issued by the IC which is referred to as The Order-Sheet.
Based on the aforesaid Notice, the IC Proceedings commences and must be concluded within Ninety (90) Calendar Days.
The initial Hic-ups may include either Complainant and or Respondent applying to the IC for some more Time to be ready for participating in IC Proceedings.
In such situations what the IC should Do or Not Do, shall be covered in the next Post……………………………………………………..
To be Continued
Harsh K Sharan, XLRI Alumnus,
Spl Educator Compulsory PoSH Programs,
Serving ICMember (External)
Note:---Kritarth Team of Special Educators as defined in SHWW (P,P &R) Rules 2013, regulary conduct the Two Mandatory Programs ordered by the Laws for the IC Members namely i) Orientation Program and ii) Capacity & Skills Building Programs which are to be reported in the IC Annual Reports for Each Calendar Year under Section-21.
From India, Delhi