----Internal Committees Are Not The Punishing OR Disciplining Authority----
Too often, some Internal Committee Presiding Officers & Members including some HR Managament Practioners raise following Query-- "Can the Internal Committee issue the "Show-Cause Notice" to the Employee Respondent against whom Sexual Harassment Complaints/Allegations have been made/filed " ?
"Clarification by Kritarth Team's Spl Educators are:-- No, the Internal Committees are Not the Punishing Authority nor Disciplning Authority relating to and in respect of Either the
i) Employee-Respondent or
ii) Aggrieved Woman-Employee Complainant whose SH Complaints/Allegation have been found to be False or Malicious and or the Evidence have been found to be False or Malicious or Forged or Misleading; or
iii) Employee-Witness whose Evidence/Testimony is found to be False or Malicious or Forged or Misleading;
because Internal Committees have No Such Jurisdiction or locus standi under the Service Rules or Certified Standing Orders. Initiating Disciplinary Action like Issuing "Show-Cause Notice or Letter seeking Explanation or Charge-Sheet, is the exclusive & Non-Negotiable Prerogative & Priviledge and Authority of the Employers. Likewise, the Employers only can take Appropriate and Proportionate Disciplinary Action /Punishment, after receiving the IC 's Recommendations or Definite and Conclusive Findings.
Under the SHWW (P, P &R) Act 2013, the Employer or the Head of Institutions must Forward the SH Complaints received to the Internal Committee, concerned for further necessary Action-Steps as prescribed.
The Internal Committees are Independent Legal Entity constituted under Section-4 of SHWW (P,P &R) Act 2013 which is in force w.e.f. 9.12.2013 and applies to & covers Every Employer of Every Workplace employing Ten and more Workers, Employed Persons.
Such Queries are Results of Not Knowing,
a) Provisions of SHWW (P, P &R) Act 2013; and
b) Service Rules or Standing Orders as applicable to Establishments, concerned;
c) 25 Duties entrusted to the Internal Committees;
d) How to Discharge their 25 Duties, properly & faithfully.
The SHWW (P,P & R) Act 2013 prescribed that Every Employer , in fulfillment of Duties of Employer under Section-19 of SHWW (P, P &R) Act 2013 have to Organize Workshops Compulsorily for IC Members and their Employees and Report Action-Taken under Section-22 of the said Act
Kritarth Team of Spl Educators have successfully Conducted the Mandatory / Compulsory Workshops for IC Members and Employees Awareness Programs in such an Effective Manner that there Is No Ignorance left in the minds of the Participants.
Try Kritarth Team's Expertise in PoSH Programs.
Kritarth Team,
18 Feb 2019
From India, Delhi
200Too often, some Internal Committee Presiding Officers & Members including some HR Managament Practioners raise following Query-- "Can the Internal Committee issue the "Show-Cause Notice" to the Employee Respondent against whom Sexual Harassment Complaints/Allegations have been made/filed " ?
"Clarification by Kritarth Team's Spl Educators are:-- No, the Internal Committees are Not the Punishing Authority nor Disciplning Authority relating to and in respect of Either the
i) Employee-Respondent or
ii) Aggrieved Woman-Employee Complainant whose SH Complaints/Allegation have been found to be False or Malicious and or the Evidence have been found to be False or Malicious or Forged or Misleading; or
iii) Employee-Witness whose Evidence/Testimony is found to be False or Malicious or Forged or Misleading;
because Internal Committees have No Such Jurisdiction or locus standi under the Service Rules or Certified Standing Orders. Initiating Disciplinary Action like Issuing "Show-Cause Notice or Letter seeking Explanation or Charge-Sheet, is the exclusive & Non-Negotiable Prerogative & Priviledge and Authority of the Employers. Likewise, the Employers only can take Appropriate and Proportionate Disciplinary Action /Punishment, after receiving the IC 's Recommendations or Definite and Conclusive Findings.
Under the SHWW (P, P &R) Act 2013, the Employer or the Head of Institutions must Forward the SH Complaints received to the Internal Committee, concerned for further necessary Action-Steps as prescribed.
The Internal Committees are Independent Legal Entity constituted under Section-4 of SHWW (P,P &R) Act 2013 which is in force w.e.f. 9.12.2013 and applies to & covers Every Employer of Every Workplace employing Ten and more Workers, Employed Persons.
Such Queries are Results of Not Knowing,
a) Provisions of SHWW (P, P &R) Act 2013; and
b) Service Rules or Standing Orders as applicable to Establishments, concerned;
c) 25 Duties entrusted to the Internal Committees;
d) How to Discharge their 25 Duties, properly & faithfully.
The SHWW (P,P & R) Act 2013 prescribed that Every Employer , in fulfillment of Duties of Employer under Section-19 of SHWW (P, P &R) Act 2013 have to Organize Workshops Compulsorily for IC Members and their Employees and Report Action-Taken under Section-22 of the said Act
Kritarth Team of Spl Educators have successfully Conducted the Mandatory / Compulsory Workshops for IC Members and Employees Awareness Programs in such an Effective Manner that there Is No Ignorance left in the minds of the Participants.
Try Kritarth Team's Expertise in PoSH Programs.
Kritarth Team,
18 Feb 2019
From India, Delhi
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Membership of the Internal Complaints Committee.docx