Understanding POSH Act: How Long Can Sexual Harassment Cases Be Adjourned?

Sirs,

Good day,

Under the POSH Act, is there any timeline for adjournment of Sexual Harassment cases? If so, what is the maximum number of days we can adjourn the cases for?

Regards

Internal Committee Proceedings for SH Complaints

In case the SH Complaints/Allegations are already referred to/forwarded to the Internal Committee along with a Show-Cause Notice issued to the Employee-Respondent, and the Employee-Respondent has submitted a Written Explanation, the IC Proceedings may proceed as follows:

If either the Complainant or the Employee-Respondent requests the Next Date, the IC may provide at least two more opportunities to be present and participate in the IC Proceedings, with a gap of two working days for each of the two opportunities. If a proper Medical Certificate of Unfitness from Duty issued by a Registered Medical Practitioner is produced/enclosed, verify its authenticity before exercising the IC's discretion to adjourn the Proceedings. The SHWW (P, P & R) Rule 2013, gazetted on 9.12.13, prescribes giving three opportunities with a gap of 15 days, as I recall, hence verify first. The Internal Committee ought not to act mechanically but rather ascertain the reason for the request for "Adjournment."

In any case, the IC is mandated to complete/conclude Inquiry Proceedings within ninety calendar days from the date of commencement of IC Proceedings.

Kritarth Team of Special Educators & Serving Member (External) ICs PAN India

18.7.2019

Employer Should Establish Complaints Committees (ICC/LCC)

The primary function of the complaints committee is to:

- Educate and sensitize employees about the issue.
- Address the complaint and conduct an inquiry.

A victim woman may submit a written complaint of sexual harassment at the workplace to the Complaints Committee within three months from the date of the incident. In the case of a series of incidents, the complaint should be lodged within three months from the date of the last incident.

Upon receiving such a complaint, the chairperson will inform other committee members at the earliest possible time, and the committee will take further actions as required. The first action meeting should be held immediately within a reasonable time, but not later than seven working days after receiving the written complaint from the aggrieved party.

The ICC will then investigate the complaint right after the meeting with the relevant documents submitted. After all investigations, the committee should send the complaint to the respondent within seven days of receipt, allowing them to respond within ten days.

Know everything about the POSH Act here - https://www.talentproindia.com/multimedia

Regards,
TalentPro

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 and Rules are silent on the adjournment of cases related to sexual harassment at the workplace. Please refer to the rules here - http://www.shebox.nic.in/assets/site...lace-Rules.pdf.

Inquiry Timeline and ICC Powers

However, Section 11(4) stipulates that the Internal Complaints Committee (ICC) should complete the inquiry within 90 days. Also, Rule 7(5) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013 states that the ICC has the power to terminate the proceedings or to give an ex-parte decision on the complaints if either party fails, without any sufficient cause, to present himself or herself for three consecutive hearings.

Thanks,
Advocate Vanita
Team Ungender

Website Link: Ungender - Gender and Labour Laws Compliance Advisory

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