Kritarth Consulting
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Why is it Legally Compulsory to Train Members of ICC ( Internal Complaints Committee)
The ICC is constituted by Every Employer at for every Workplace as per the New Law namely Sexual Harassment of Woman at Workplace (P, P & R) Act 2013. Every Workplace Where No ICC is constituted shall be within the Jurisdiction of the LCC (Local Complaints Committee).
ICC consists of Employees nominated by their Employers whereas the LCC Members are nominated by the respective Govts.
The said Act of 2013 entrusted nearly 25 Tasks / Duties to the Employee-Members of the ICC with which the ICC Members may Not Be well-equipped, well-prepared and well-trained to discharge the Duties entrusted to them by the Law like:
1. Inquiring into Sexual Harassment Complaints in accordance with the Priciples of Natural Justice and the Inquiry Procedures laid down for such
Internal / Domestic Inquiries;
2. Writing Inquiry Report with difinite and conclusive Findings to be signed by all the Members;
3. Holding Conciliation Proceedings at the behest of the Complainant;
4. Detrmining Compensation claimed by the Complainant;
5. Preparing Annual Report to be Filed before the District Officer for evry Calendar Year (Rule-14);
6. Initiating Action-Steps in cases where the Harasser is an Outsider or Non-Employee on whom the Service Rules or Standing Orders are Not
Applicable; and
7. Deciding on certain Application from the Complainant for Leave of up to 90 days with wages/salary, Deployment etc
Under Section-19 titled Employers Duties, Every Employer is Law-Bound to Organize following Programs & Report Compliance:
a) Orientation Program (knowing 25 Duties entrusted to them,
b) Capacity & Skills Building Program (aimed at How to Do What they Have to Do like Inquiry)
These Two Programs can be and should be conducted by those who are Proficient, Competent and Confident and have done them all throughout. The Training is to Empower ICC Members to discharge their Duties Lawfully, properly and faithfully. Any error results in removal of ICC Members.
ICC performs what the Courts (Judiary) performed earlier in respect of Sexual Harassment at Workplace related Complaints /Reports. It is thus expedient that ICC Members are thoroughly Trained to Discharge their Duties lawfully.
Employers, Management need to Ponder over the New Reality and obey the Law, in Letter and Spirit.
Harsh K Sharan
Spl Educator PoSH Programs and Serving ICC Member (External)
19 Sept 2017

From India, Delhi
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