Are Members of Your Internal Committee Well-Trained to Conduct Inquiries into Sexual Harassment Complaints?
The Members of Internal Committees—3 out of 4 minimum Members including External—are completely unaware of the internal inquiry proceedings laid down by the laws before they are nominated and undergo mandatory programs for them, namely,
i) Orientation Programs; and
ii) Capacity & Skills Building Program.
Orientation Programs
Orientation Programs should make their 25 legally entrusted duties crystal clear to each of the IC Members, including the non-employee IC Member (External), in simple steps made easy for them to understand, accept, and act upon faithfully and properly.
Capacity & Skills Building Program
The Capacity & Skills Building Program should impart to each IC Member the "skills" to actually become aware of, accept, and act upon and fulfill their duties in accordance with the principles of natural justice and always act upon while being "fair," "proper," and "just" and without arbitrariness, whatsoever.
The Capacity & Skills Building Program is totally a "do and learn" mode 100% using the "Socrates Method" and can never be substituted by slideshows or lecture mode or circulation of write-ups or handbooks. Its premise is "Nobody learns swimming by reading a book about swimming."
Lacunae in learning the skills, for instance, doing inquiries in SH complaints in accordance with the principles of natural justice, come to light often when the judiciary (High Courts) "detects glaring defects" in the inquiry reports and sets aside the same due to several faults. There is no dearth of such cases.
It was not intended to be a ritual, rigmarole, sham, subterfuge, facade, or half-hearted act of compliance or volunteering that the employers are compulsorily asked to do programs for the IC Members in their establishments and report action taken.
Handling Complaints
Any complaint of sexual harassment of a woman (including not employed) at the workplace MUST be referred to the concerned IC for necessary action and report. No courts of law shall admit such SH complaints in the first instance unless it is an appeal by the complainant or the respondent against IC findings.
Now that SHe - ePortal, an online SH complaint facility, has been launched and is in place, any woman may register her SH complaint online, and the concerned employer and/or the IC will know about it later when referred/forwarded by the Ministry of Women & Child Development.
IC Members need to be well-trained and fully prepared to do their duties without a question mark. Only proper knowledge and complete know-how can build trust in IC Members. Let IC Members be worthy of TRUST.
Those seeking clarification and training help are welcome.
Regards, Sharan
Transformatix P Solutions Team
[Email Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]
23 Nov 2017
From India, Delhi
The Members of Internal Committees—3 out of 4 minimum Members including External—are completely unaware of the internal inquiry proceedings laid down by the laws before they are nominated and undergo mandatory programs for them, namely,
i) Orientation Programs; and
ii) Capacity & Skills Building Program.
Orientation Programs
Orientation Programs should make their 25 legally entrusted duties crystal clear to each of the IC Members, including the non-employee IC Member (External), in simple steps made easy for them to understand, accept, and act upon faithfully and properly.
Capacity & Skills Building Program
The Capacity & Skills Building Program should impart to each IC Member the "skills" to actually become aware of, accept, and act upon and fulfill their duties in accordance with the principles of natural justice and always act upon while being "fair," "proper," and "just" and without arbitrariness, whatsoever.
The Capacity & Skills Building Program is totally a "do and learn" mode 100% using the "Socrates Method" and can never be substituted by slideshows or lecture mode or circulation of write-ups or handbooks. Its premise is "Nobody learns swimming by reading a book about swimming."
Lacunae in learning the skills, for instance, doing inquiries in SH complaints in accordance with the principles of natural justice, come to light often when the judiciary (High Courts) "detects glaring defects" in the inquiry reports and sets aside the same due to several faults. There is no dearth of such cases.
It was not intended to be a ritual, rigmarole, sham, subterfuge, facade, or half-hearted act of compliance or volunteering that the employers are compulsorily asked to do programs for the IC Members in their establishments and report action taken.
Handling Complaints
Any complaint of sexual harassment of a woman (including not employed) at the workplace MUST be referred to the concerned IC for necessary action and report. No courts of law shall admit such SH complaints in the first instance unless it is an appeal by the complainant or the respondent against IC findings.
Now that SHe - ePortal, an online SH complaint facility, has been launched and is in place, any woman may register her SH complaint online, and the concerned employer and/or the IC will know about it later when referred/forwarded by the Ministry of Women & Child Development.
IC Members need to be well-trained and fully prepared to do their duties without a question mark. Only proper knowledge and complete know-how can build trust in IC Members. Let IC Members be worthy of TRUST.
Those seeking clarification and training help are welcome.
Regards, Sharan
Transformatix P Solutions Team
[Email Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]
23 Nov 2017
From India, Delhi
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