Dear Clarification- Seeker,
Information Given by You: " We received a complaint letter (Third party complaint) stating that she noticed many times, some group of male employees giving sexual coated comments on female employees whoever go for lunch to the canteen."
At this juncture, I need clarifications on
Your Queries: "1. Is it handled by ICC? 2. If Yes, According to POSH ACT what are the steps to be adapted for the Enquiry?
Clarifications:
1. Yes.
2. The Written Report received, inter alia, should Immediately be forwarded to the Presiding Officer of the Internal Committee of the Establishment which employs the Persons against whom the Report has been raised so that the IC begins their Proceedings including i) Conciliation Proceedings at the behest of the Aggrieved Women Complainants and or b) Full Fledged Inquiry Proceedings in accordance with the Principles of Natual Justice and the Procedures prescribed for such Internal Inquiries.
In case, a Preliminary Inquiry has not yet been held to prima facies ascertain the Facts of the SH Complaint, so as to Draft Charge-Sheets or Explanation -Seeking Letters, it should be held either by a Member of the IC or a Supervisor/ an Officer of the Establishment on submission of whose Report Charge-sheets or Explanation Letter be issued.
If the Internal Committee Members have attended /participated in the Mandatory a) Orientation Program and b) Capacity & Skills Building Program, as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, they should be by now fully familiar with the Inquiry Procedures to be Properly and Faithfully followed, Step-by-Steph.
The Internal Committee must complete/conclude the Inquiry before 90 days and Submit their Inquiry Report with definite and conclusive Findings to the Employer within next 10 Day for him/her to decide on further necessary Action
Any further Clarification and or request for Assistance is Welcome.
Harsh Sharan
Spl Educator, Transformatix
Bengaluru
19.3.2018
Information Given by You: " We received a complaint letter (Third party complaint) stating that she noticed many times, some group of male employees giving sexual coated comments on female employees whoever go for lunch to the canteen."
At this juncture, I need clarifications on
Your Queries: "1. Is it handled by ICC? 2. If Yes, According to POSH ACT what are the steps to be adapted for the Enquiry?
Clarifications:
1. Yes.
2. The Written Report received, inter alia, should Immediately be forwarded to the Presiding Officer of the Internal Committee of the Establishment which employs the Persons against whom the Report has been raised so that the IC begins their Proceedings including i) Conciliation Proceedings at the behest of the Aggrieved Women Complainants and or b) Full Fledged Inquiry Proceedings in accordance with the Principles of Natual Justice and the Procedures prescribed for such Internal Inquiries.
In case, a Preliminary Inquiry has not yet been held to prima facies ascertain the Facts of the SH Complaint, so as to Draft Charge-Sheets or Explanation -Seeking Letters, it should be held either by a Member of the IC or a Supervisor/ an Officer of the Establishment on submission of whose Report Charge-sheets or Explanation Letter be issued.
If the Internal Committee Members have attended /participated in the Mandatory a) Orientation Program and b) Capacity & Skills Building Program, as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, they should be by now fully familiar with the Inquiry Procedures to be Properly and Faithfully followed, Step-by-Steph.
The Internal Committee must complete/conclude the Inquiry before 90 days and Submit their Inquiry Report with definite and conclusive Findings to the Employer within next 10 Day for him/her to decide on further necessary Action
Any further Clarification and or request for Assistance is Welcome.
Harsh Sharan
Spl Educator, Transformatix
Bengaluru
19.3.2018