---Jurisdictions of Internal Committees vis-à-vis Local Committee in dealing with Sexual Harassment Complaints---
Jurisdictions of Internal Committees vis-à-vis Local Committee in dealing with Sexual Harassment Complaints are prescribed by SHWW (P, P & R) Act 2013.
Whereas ICs can deal with all SH Complaints constituting “Misconduct” as per Certified Standing Orders or Codified Service Rules applicable on Employee-Respondent of Workplace/Establishment at for which ICs are constituted, from Aggrieved-Woman, whether employed or not, present at Workplace when alleged act, behavior, conduct of SH occurred;
The Local Committees have Jurisdiction over any other SH Complaints against either i) a Person named as “Employer” with ultimate control over the affairs of the Organization, who is responsible for Management, Supervision and Control of a Workplace and includes the Person or Board or Committee responsible for Formulation & Administration of Polices for such Organisation/Workplace or a Person discharging Contractual Obligations with respect to his or her employees; or ii) An Employee-Respondent of a Workplace/Establishment where No IC exits or was not constituted on the grounds that the Workplace had less than Ten Workers.
It is prudent to obey PoSH Laws in Letter & Spirit.
Harsh Kumar Sharan
of Kritarth Consulting Pvt Ltd
Bengaluru Help Centre
#holistichr #poshpartners
2.10.20
Jurisdictions of Internal Committees vis-à-vis Local Committee in dealing with Sexual Harassment Complaints are prescribed by SHWW (P, P & R) Act 2013.
Whereas ICs can deal with all SH Complaints constituting “Misconduct” as per Certified Standing Orders or Codified Service Rules applicable on Employee-Respondent of Workplace/Establishment at for which ICs are constituted, from Aggrieved-Woman, whether employed or not, present at Workplace when alleged act, behavior, conduct of SH occurred;
The Local Committees have Jurisdiction over any other SH Complaints against either i) a Person named as “Employer” with ultimate control over the affairs of the Organization, who is responsible for Management, Supervision and Control of a Workplace and includes the Person or Board or Committee responsible for Formulation & Administration of Polices for such Organisation/Workplace or a Person discharging Contractual Obligations with respect to his or her employees; or ii) An Employee-Respondent of a Workplace/Establishment where No IC exits or was not constituted on the grounds that the Workplace had less than Ten Workers.
It is prudent to obey PoSH Laws in Letter & Spirit.
Harsh Kumar Sharan
of Kritarth Consulting Pvt Ltd
Bengaluru Help Centre
#holistichr #poshpartners
2.10.20