Why the CEO/MD in an Establishment/Workplace Need Not Be a Member or Presiding Officer of ICC (Internal Complaints Committee) - Points to Ponder
The rationale behind the aforesaid proposition includes the following:
i) The Term "Employer" connotes, means and includes such Person who has "ultimate control over the affairs of the Establishment and going by this definition, description and meaning the Term "Employees as a cadre" do not have the "prerogatives" or "privileges" or the ultimate "authority" delegated to them as in the sole case of thePerson designated as Employer. The Official Status of the aforesaid Two separate Identities in the Hierarchical Organization was meant to be distinct/different;
ii) The Singular Person designated as Employer in respect of any Establishment for the purpose of liability before the Laws of the Land and accountability before the Statutes Compliance or for that matter for levying Penalties is the One Sole Person as far as discharging Employers Duties under Section 19 of the SHWW (P, P & R) Act 2013 and Constitution of the ICC and Nominating the ICC Members are concerned;
The Employer is the Singular Person who is liable to "monitor" the Timely submission of the Reports by the ICC such as Annual Statutory Report (Rule 14) and the ICC Inquiry Reports with Findings or Conciliation Settlement Report or variopusRecommendations from the ICC.
Keeping the said "Rationale" in view and in view of the Special Legal Status legally accorded to the Person discharging the Duties of Employer, it is expedient that she or he ought Not Self-Nominate himself / herself either as a Member or Presiding Officer of the ICC which once Constituted under Section 4, exists and operates/functions as an Independent Legal Entity uninfluenced by any external or internal interference or influence whatsoever.
Further, the induction of a Non-Employee Outsider as Member (External) on the ICC was intended to ensure extar modicum of Independence of the ICC and once so consitutted the ICC shall not report to or shall be subservient to anyone including the Employer and except the Laws applicable to Functioning of the ICC.
Kritarth Team of Spl Educators as defined in the said Act and the Rules framed thereunder earnestly accepts the said "Rationale" as Most Rational initiative/step in the right direction of Doing Justice to the Cause of providing protection to woman from Sexual Harassment at Workplace which remain the Objective of the Act 14 0f 2013.
We llok forward to healthy tete-a-tete on the matter
Team Kritarth
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2nd June 2017