Internal Committees Should Work Also for Prevention, Prohibition of Sexual Harassment- Effect Amendment of 2016
Whenever the Employers constitute Internal Committees in their Establishments or Re-Nominate IC Members on expiry of the period of their Membership, the Employers must induct/Nominate an Outsider Non-Employee as Member (External) of the Internal Committee (Section-4 of SHWW (P, P & Redressal) Act 2013).
The IC Member (External) is a Person who is well-versed with the “Issues” of Sexual Harassment of Woman at Workplace and the ‘phenomenon” of quid pro quo or something-for-something often adopted by the Harasser. This Person needs to possess following useful “Capabilities” / “Virtues”:
“Capabilities” / “Virtues” useful and Useable to Internal Committee Members:
1. Person with Moral Excellence;
2. Who is Fair, Proper and Just;
3. Who is without Bias, Prejudice, Impartial not yielding to any Pressure;
4. Who is fully-familiar with the Principles of Natural Justice, in Letter & Spirit;
5. Who is thorough and well-trained in Inquiry Procedures laid down by law for such Internal Inquiries including, Recording of Testimonies of the Woman-
Complainant, the Respondent, the Witnesses & Evidences produced during the Inquiry Proceedings, in conducting Conciliation, Writing/Inquiry Report with
definite” and “conclusive Findings” to be signed/attested by all IC Members, Preparing Recommendations relating to Compensation claimed by the
Complainant, Application for up to 90 days Leave, Her or his Deployment elsewhere etc; and
6. Who is fully-aware of the 25 Duties/Tasks entrusted to IC by the Law
The Amendment of May 2016 has categorically and emphatically underlined the Scope of Duties of the Internal Committee (the IC) and the Local Committee (LC), originally intended/envisaged it has become a bounded Duty of Every Employer to ensure by regular “Monitoring” that the IC effectively functions all time to co-create a Safe and Secure Workplace Where No Woman Shall be subjected to Sexual Harassment at Workplace.
Let’s all move forward, faithfully, towards a Harassment-Free Workplace Environment where each and every Employed Person contributes not less than 100% which is the Business Purpose of employment of Workforce.
By all means, it benefits the Business, the Employer, the Management and others in Creation of Wealth and Wellbeing. Business Excellence, after all.
Clarifications & Help-Me requests are WELCOME.
Sharan, Team Kritarth,
Kritarth Consulting Private Limited 91-9560453 756, [Login to view]
27 Sept 2017
Whenever the Employers constitute Internal Committees in their Establishments or Re-Nominate IC Members on expiry of the period of their Membership, the Employers must induct/Nominate an Outsider Non-Employee as Member (External) of the Internal Committee (Section-4 of SHWW (P, P & Redressal) Act 2013).
The IC Member (External) is a Person who is well-versed with the “Issues” of Sexual Harassment of Woman at Workplace and the ‘phenomenon” of quid pro quo or something-for-something often adopted by the Harasser. This Person needs to possess following useful “Capabilities” / “Virtues”:
“Capabilities” / “Virtues” useful and Useable to Internal Committee Members:
1. Person with Moral Excellence;
2. Who is Fair, Proper and Just;
3. Who is without Bias, Prejudice, Impartial not yielding to any Pressure;
4. Who is fully-familiar with the Principles of Natural Justice, in Letter & Spirit;
5. Who is thorough and well-trained in Inquiry Procedures laid down by law for such Internal Inquiries including, Recording of Testimonies of the Woman-
Complainant, the Respondent, the Witnesses & Evidences produced during the Inquiry Proceedings, in conducting Conciliation, Writing/Inquiry Report with
definite” and “conclusive Findings” to be signed/attested by all IC Members, Preparing Recommendations relating to Compensation claimed by the
Complainant, Application for up to 90 days Leave, Her or his Deployment elsewhere etc; and
6. Who is fully-aware of the 25 Duties/Tasks entrusted to IC by the Law
The Amendment of May 2016 has categorically and emphatically underlined the Scope of Duties of the Internal Committee (the IC) and the Local Committee (LC), originally intended/envisaged it has become a bounded Duty of Every Employer to ensure by regular “Monitoring” that the IC effectively functions all time to co-create a Safe and Secure Workplace Where No Woman Shall be subjected to Sexual Harassment at Workplace.
Let’s all move forward, faithfully, towards a Harassment-Free Workplace Environment where each and every Employed Person contributes not less than 100% which is the Business Purpose of employment of Workforce.
By all means, it benefits the Business, the Employer, the Management and others in Creation of Wealth and Wellbeing. Business Excellence, after all.
Clarifications & Help-Me requests are WELCOME.
Sharan, Team Kritarth,
Kritarth Consulting Private Limited 91-9560453 756, [Login to view]
27 Sept 2017