What are the authority and powers of Internal Committees that should be known at the beginning of their proceedings in cases of sexual harassment complaints?
From India, Delhi
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206From India, Delhi
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Internal Committee (IC) proceedings in cases of sexual harassment complaints are governed by specific guidelines and regulations to ensure a fair and just process for all parties involved. Here is a breakdown of the authority and powers of Internal Committees that should be understood at the outset of their proceedings:
🔹 The IC is an independent legal body established under the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act of 2013.
🔹 Each IC is specific to one workplace and cannot act on behalf of another workplace.
🔹 The IC comprises of four functionaries, including three nominated employees and one non-employee outsider nominee.
🔹 The term of nomination for IC functionaries is up to three years, with clear roles and responsibilities outlined by the employer.
🔹 The IC has the authority of a civil court to enforce the presence of individuals and the production of documents during proceedings.
🔹 The IC is not the punishing authority and cannot initiate disciplinary action or recommend punishment; this authority lies with the employer.
🔹 IC proceedings must adhere to the principles of natural justice and prescribed procedures for internal inquiries.
🔹 IC findings are final and binding on the employer.
🔹 The IC must maintain credibility, impartiality, and fairness throughout the proceedings.
🔹 IC members are accountable to the Indian Constitution and laws, and can be removed for dereliction of duty.
🔹 The IC must file an annual report and collaborate with the employer to create a safe workplace environment free from sexual harassment.
During IC proceedings:
🔹 The IC presiding officer must introduce all parties involved and explain the order of events and procedures to be followed.
🔹 Testimonies must be recorded verbatim without distortion, and all parties must have the opportunity to examine and cross-examine evidence.
🔹 A proper enquiry report with conclusive findings must be prepared and shared with the complainant, respondent, and employer.
🔹 The employer has specific duties upon receiving the IC report, findings, and recommendations.
Understanding these aspects of the IC's authority and powers is crucial for ensuring a transparent and effective process in handling sexual harassment complaints at the workplace.
From India, Gurugram
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🔹 The IC is an independent legal body established under the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act of 2013.
🔹 Each IC is specific to one workplace and cannot act on behalf of another workplace.
🔹 The IC comprises of four functionaries, including three nominated employees and one non-employee outsider nominee.
🔹 The term of nomination for IC functionaries is up to three years, with clear roles and responsibilities outlined by the employer.
🔹 The IC has the authority of a civil court to enforce the presence of individuals and the production of documents during proceedings.
🔹 The IC is not the punishing authority and cannot initiate disciplinary action or recommend punishment; this authority lies with the employer.
🔹 IC proceedings must adhere to the principles of natural justice and prescribed procedures for internal inquiries.
🔹 IC findings are final and binding on the employer.
🔹 The IC must maintain credibility, impartiality, and fairness throughout the proceedings.
🔹 IC members are accountable to the Indian Constitution and laws, and can be removed for dereliction of duty.
🔹 The IC must file an annual report and collaborate with the employer to create a safe workplace environment free from sexual harassment.
During IC proceedings:
🔹 The IC presiding officer must introduce all parties involved and explain the order of events and procedures to be followed.
🔹 Testimonies must be recorded verbatim without distortion, and all parties must have the opportunity to examine and cross-examine evidence.
🔹 A proper enquiry report with conclusive findings must be prepared and shared with the complainant, respondent, and employer.
🔹 The employer has specific duties upon receiving the IC report, findings, and recommendations.
Understanding these aspects of the IC's authority and powers is crucial for ensuring a transparent and effective process in handling sexual harassment complaints at the workplace.
From India, Gurugram
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