---5th Part of “What it means when Women-Employees File Sexual Harassment Complaints”---
Duty of Employer on Receipt of Internal Committee Findings:-
1. Acknowledge receipt of IC Report with Findings and or Recommendations relating to Conciliation Arrived ator Enquiry Report or Recommedation regaring Compensation payable to Aggrieved Woman Complainant;
2. Appy your Mind to I C "Findings" and or Recommendations with or without Aberrations, Error of Judgements, if any on the
part of the IC such as Enquiry Timeline precibed not obeyed, Findings are Vague etc;
3. Check if the IC Findings & Recommendation, if any are Definite and Conclusive;
4. Decide about Quantum of Punishment if Sexual Harassment Charges against Employee-Repondent are Found True &
Established;
5. Ensure the "Quantum of Punishment" to be awarded is Proportionate to the proven Act of Misconduct;
6. Issue Condonation Letter to Employee-Respondent if Charges are not found True & Proved;
7. Initiate Disciplinary Action against the Employee-Complainant for Filing False, Frivolous or Malicious Complaint as the case may be; and
8. Forward her Explanantion /Reply to the ICfor necessaey Action by the IC;
9. Promptly Organize Employees Awareness Program/Sessions to educate your Employees reg rovisions of the SHWW Act 2013;
10. Analyze & Rectify the Loopholes in the Measures taken by you so far which led to SH Complaints lodged and you failed to Provide Protection to Women at your Workplace to Safeguard yourself and the Board of Directors form Penalties which among other Penalties/Penal Action include Fines and or imprisonment. Unwarranted Media Publicity in spite of all Confidentiality Provisions.
Employers to please Note that you must Act on the IC Findings etc within Sixty Calendar Days from the Day of receipt of IC Reports. The Action taken by Employers must be included in IC Annual Report for each Calendar Year under Section-21 ref Rule-14 of the SHWW (P P & R) Rules gazetted on 9.12.2013.
What it means to the Aggrieved Woman Complainant or the Person so authorized by the said Act shall be the Subjectmatter of the Next Post.
-------------------To be continued
Harsh K Sharan
XLRI Alumnus, Spl Educator PoSH Programs Kritarhh Team
3.6.2020
From India, Delhi
200Duty of Employer on Receipt of Internal Committee Findings:-
1. Acknowledge receipt of IC Report with Findings and or Recommendations relating to Conciliation Arrived ator Enquiry Report or Recommedation regaring Compensation payable to Aggrieved Woman Complainant;
2. Appy your Mind to I C "Findings" and or Recommendations with or without Aberrations, Error of Judgements, if any on the
part of the IC such as Enquiry Timeline precibed not obeyed, Findings are Vague etc;
3. Check if the IC Findings & Recommendation, if any are Definite and Conclusive;
4. Decide about Quantum of Punishment if Sexual Harassment Charges against Employee-Repondent are Found True &
Established;
5. Ensure the "Quantum of Punishment" to be awarded is Proportionate to the proven Act of Misconduct;
6. Issue Condonation Letter to Employee-Respondent if Charges are not found True & Proved;
7. Initiate Disciplinary Action against the Employee-Complainant for Filing False, Frivolous or Malicious Complaint as the case may be; and
8. Forward her Explanantion /Reply to the ICfor necessaey Action by the IC;
9. Promptly Organize Employees Awareness Program/Sessions to educate your Employees reg rovisions of the SHWW Act 2013;
10. Analyze & Rectify the Loopholes in the Measures taken by you so far which led to SH Complaints lodged and you failed to Provide Protection to Women at your Workplace to Safeguard yourself and the Board of Directors form Penalties which among other Penalties/Penal Action include Fines and or imprisonment. Unwarranted Media Publicity in spite of all Confidentiality Provisions.
Employers to please Note that you must Act on the IC Findings etc within Sixty Calendar Days from the Day of receipt of IC Reports. The Action taken by Employers must be included in IC Annual Report for each Calendar Year under Section-21 ref Rule-14 of the SHWW (P P & R) Rules gazetted on 9.12.2013.
What it means to the Aggrieved Woman Complainant or the Person so authorized by the said Act shall be the Subjectmatter of the Next Post.
-------------------To be continued
Harsh K Sharan
XLRI Alumnus, Spl Educator PoSH Programs Kritarhh Team
3.6.2020
From India, Delhi
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