Are Your ICC Members Prepared? Essential Training for Handling Sexual Harassment Inquiries

Learning Session For ICC Members on How to Conduct Internal Inquiry into Sexual Harassment Complaints or Reports

Suddenly, the inquiry procedures to be followed in accordance with the principles of natural justice have caught management's attention and gained momentum and importance.

The immediate reason is the legal mandate reiterated again by the new law passed in 2013 that internal inquiries into sexual harassment complaints or reports must be followed in letter and in spirit, properly and faithfully.

Internal Complaints Committee (ICC) members, nominated as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, are legally required to conduct internal inquiries into sexual harassment complaints or reports strictly in accordance with the principles of natural justice and write inquiry reports with their findings.

Generally, the ICC members have not undergone any training and are less than competent to conduct the inquiries. They are often at a loss as to what the inquiry procedures are for such internal or domestic inquiries, what order should be followed during inquiries, what is meant by recording the examination and cross-examination of the complainant, the respondent, and their respective witnesses, or how to admit the documentary or other forms of evidence.

The ICC members generally have no idea of how to write inquiry reports with their findings and what constitutes a perverse finding.

A bad inquiry result could lead to judicial review, disappointments, unwelcome publicity, and may amount to dereliction of duty on the part of the concerned ICC, whose members may face removal from the august legal body/entity.

It is, therefore, important for all employers (managements) and heads of institutions to organize training programs for ICC members so that they can learn and become proficient in discharging their legal duties.

It is cost-effective for employers/managements to organize in-house training programs on inquiry procedures. The HR personnel will benefit from participating in this program.

Just call Kritarth Team and place your order for organizing the workshop for your ICC and HR managers.

Kritarth Team is also organizing open-house workshops on inquiry procedures in Bengaluru, Delhi NCR, Hyderabad, Mumbai, Navi Mumbai, and Pune in the coming weeks. You have the choice to nominate your ICC members to any workshops for the lowest possible investment.

These workshops will be conducted by Harsh K Sharan, XLRI alumnus, former VP-HR, and management faculty. He fulfills the prescribed qualifications and competence of serving as a specialist educator for PoSH programs.

Kritarth Team, Bengaluru Office [Email Removed For Privacy Reasons] [Phone Number Removed For Privacy Reasons]; [Phone Number Removed For Privacy Reasons] 20 October 2015

Sexual Harassment Complaints - All About Inquiry Procedures Laid Down by the Law

Open-House Workshop/Training Programs organized by Kritarth Consulting in Bengaluru (2nd Dec 2015), in Delhi (14th Dec 15), in Hyderabad (4th Dec 15), in Mumbai (16th Dec 2015), and in Pune (18th Dec 2015).

Holding a proper inquiry into Sexual Harassment Complaints as per the laid-down procedures and in accordance with the two principles of natural justice is a legal requirement as per the new act, namely the "Sexual Harassment of Woman at Workplace (P,P&R) Act 2013 and the rules framed thereunder and gazetted.

The inquiry into Sexual Harassment Complaints must be conducted by the Internal Complaints Committee constituted under the above-mentioned act by the employer, head of institutions.

The moot/debatable point is - are the members of the ICC trained to conduct the internal inquiry into Sexual Harassment Complaints in each and every establishment/organization?

ICC Members are employees drawn from various departments/functions and generally do not know/are not fully aware of the inquiry procedures prescribed in the act/law.

Bad inquiries are likely because of ignorance/lack of proper training to be able to conduct a proper, just, and fair inquiry. The ICC Members have no idea about how to record testimonies of the complainant, the respondent (the accused), and their witnesses and/or documents; how to conduct cross-examination, and above all how to write inquiry reports with findings.

The ICC Members need to be trained in doing inquiries faithfully and properly. In fact, the new law makes it mandatory for the employers, heads of institutions to organize capacity and skills building programs and orientation programs for the ICC Members, maintain records, and mention this in the annual statutory report to be filed for the calendar year.

Harsh K Sharan, XLRI Alumnus, and Special Educator, Kritarth Consulting Pvt Ltd will conduct these Open-House Workshops/Training Programs for the ICC Members on the dates and locations mentioned above.

Those who are planning to hold the mandatory programs for the ICC Members In-House may contact Kritarth Team at [Email Removed For Privacy Reasons], [Phone Number Removed For Privacy Reasons], [Phone Number Removed For Privacy Reasons] immediately.

For registering nominations, please write to/contact Kritarth Consulting at [Email Removed For Privacy Reasons], [Phone Number Removed For Privacy Reasons], [Phone Number Removed For Privacy Reasons].

Regards,
Kritarth Team
17th Nov 2015

Attention: All Employers and Heads of Institutions

Qualified & Competent Person Available to Serve as ICC Member (External)

It is mandatory for all employers and heads of institutions to constitute an Internal Complaints Committee (ICC) in their establishment (and at all the units/offices) under the new law, namely the "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013," with a minimum of four (4) ICC members:

1. One senior woman employee as the presiding officer;
2. One woman employee as an ICC member;
3. One male or another woman employee as an ICC member; and
4. An ICC member (external) who is a non-employee fulfilling the qualification and competence to serve as an ICC member.

Mr. Harsh Kumar Sharan (XLRI alumnus) fulfills the prescribed qualification and competence to serve as an ICC member (external). He is the ICC member (external) duly nominated by a number of employers in Bengaluru, Delhi, Mumbai, and Hyderabad.

Employers and/or the head of human resources may contact Harsh at [Email Removed For Privacy Reasons] [Phone Number Removed For Privacy Reasons].

He has hands-on experience conducting conciliation and inquiries in accordance with the principles of natural justice and all 21 tasks entrusted to the ICC by the law.

Kritarth Consulting Pvt. Ltd 5.2.16.

Duties, Responsibilities & Role of ICC Member (External) under Sexual Harassment of Women at Workplace (P, P & R) Act 2013

Nomination of a non-employee outsider to serve as the Member (External) on the ICC (Internal Complaints Committee) under Section 4 of the SHWW Act is a mandatory and legally compulsory duty of employers and heads of institutions, as stipulated in Section 19 under the heading "Employers Duty."

The objective of inducting a Member (External) on the ICC is to ensure that this member is fully familiar with the issues of sexual harassment at the workplace, including the misuse of official authority and conceptual clarity on quid pro quo. This member should understand why aggrieved women often hesitate to raise their voices or complaints and should not allow any interference from any quarter. They should not pay heed to extraneous considerations, pressures, or external influences, including from the heads of establishments or institutions, which could affect the prudence and judgment of the ICC members, individually or collectively.

The most suitable person qualified to be nominated as an ICC Member (External) should effectively, properly, and faithfully perform the duties, responsibilities, and role envisioned in the laws, both in letter and spirit. This person should necessarily be someone who is not interested in the outcome of the sexual harassment complaint, remains impartial and unbiased, acts non-arbitrarily at all times, and exudes stout confidence and unshakable convictions. They should not yield to pressures or influences under any circumstances.

The most sought-after qualification for this person should be an impeccable record of serving the cause, supporting their role in the functioning of the ICC.

Employers, heads of institutions, and HR heads seeking such a competent person may contact Harsh Kumar Sharan of Kritarth Consulting Pvt Ltd. Harsh is well-groomed at XLRI and possesses the competence and qualifications, as prescribed in the SHWW Act 2013. Harsh is already a Member (External) in several establishments.

Harsh is well-versed with the 21 tasks entrusted to the ICC, particularly the following:

a) Conducting internal inquiries by the ICC in accordance with the principles of natural justice. ICC inquiry proceedings will include recording the testimonies of the complainant, the respondent, and their witnesses, if any.

b) Writing inquiry reports with findings.

c) Conducting conciliation proceedings at the behest of the complainant.

d) Determining compensation claimed by the aggrieved woman.

e) Writing ICC recommendations for the employer's consideration, etc.

Contact the Kritarth Team at [Email Removed For Privacy Reasons] [Email Removed For Privacy Reasons] [Email Removed For Privacy Reasons] or [Phone Number Removed For Privacy Reasons] / [Phone Number Removed For Privacy Reasons].

Regards, Harsh

Attention Members of ICC (Internal Complaints Committees)

Are you fully prepared to perform your duties, responsibilities, and role as ICC Members? Do you know the tasks you must perform as ICC Members?

To begin with, ICC Members need to perform 25 tasks properly and faithfully. Have you attended the mandatory programs that your employer must organize to ensure you are thoroughly prepared to discharge your 25 duties?

The purpose of these mandatory programs is to build your capacity and capability to perform your duties satisfactorily. Without attending these two programs, how would you fulfill your duties? For dereliction of duty as a nominated ICC Member, you may be removed from the ICC.

To prevent and avoid that situation, the law requires you to attend the Orientation and Capacity & Skills Building Programs conducted by a special educator as defined in the law.

Moreover, the ICC Presiding Officer must file the Annual Statutory Report for the calendar year, i.e., 2013, 2014, 2015, to the District Officer, mentioning whether the two programs for ICC Members were held or not.

The Special Educator, Harsh K Sharan, an XLRI Alumnus, conducts the Twin PoSH Programs for ICC Members. Harsh has conducted dozens of programs for reputed MNCs, Indian Companies, Educational Institutions, and Research Centers.

You may contact Harsh for attending ICC Members Programs at:

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- 91 9880 299349 / 91 9560 453756

Kritarth Consulting

16th March 2016