---Internal Committee For Redressal of Sexual Harassment Complaints---
Any Sexual Harassment Complaints as defined in the "Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013" Has to be Forwarded to the Internal Committee set up in the Establishment Employing the Perpetrator-Respondent against whom the SH Complaint is alleged, for Redressal of the said SH Complaints. In the event, the SH Complaint is alleged against the Employer herself/himself by the Aggrieved Woman Complainant, her said Complaint Must be forwarded to the Local Committee constituted at for the respective District.
Accordingly, for Mandatory Redressal of SH Complaints, Every Employer (Occupier/Head of Institution) in India having Ten and more Employees in any Establishment is Bound-by-Law to Constitute the Internal Committee for in Each Branch, Each Division, Each Unit of her/his Company, Establishment, Institution, Organization.
The Internal Committee is constituted/Formed as per Provisions of Section-4 of the abovementioned Act of 2013 consisting of / comprising of Four (04) Constituents / Members, 50% of who Must be Women with the Presiding Officer being a Woman employed at a Senior Level in the Branch, Division, or in the Unit and One Non-Employee Outsider, who are Sensible & Senstive as prescribed.
As soon as the Employer forwards the Written Complaint alongwith the Charge-Sheet or Explanation Letter issued to the Employee-Respondent together with her/his Written Explanation/Reply, the Internal Committee Must Commence, Conduct and Conclude their Proceedings within 90 Days from the Date of Commencement of IC Inquiry Proceedings, in accordance with the Principles of Natural Justice and the Procedures prescribed for such Internal Inquiries, in the event the Aggrieved Woman declines to Opt for Conciliation.
The Internal Committee Must Prepare & Submit thier Inquiry Report with Definite and Conclusive Findings, within Ten Days from the Date of Concluding the Inquiry Proceedings.
The Internal Committee Must forward/Serve Copies of Inquiry Findings, each to the Aggrieved-Woman-Complainant and the Respondent, to enable them, both to submit their Representation, if any against the IC Inquiry Findings or in case of Conciliation arrived at, the same Procedure be adhered to.
Internal Committee is an Independent Legal Entity consisting of Employees of an Establishment Nominated as Members and a Non-Employee, Outside of the Establishment and therefore the IC Must ensure that their Conduct is Fair, Just and Proper, Non-Partisan, non-biased and without any extraneous Consideration, Influence whatsoever.
Kritarth Team
of Spl Educators & Serving External Member
30 Nov 2019
From India, Delhi
200Any Sexual Harassment Complaints as defined in the "Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013" Has to be Forwarded to the Internal Committee set up in the Establishment Employing the Perpetrator-Respondent against whom the SH Complaint is alleged, for Redressal of the said SH Complaints. In the event, the SH Complaint is alleged against the Employer herself/himself by the Aggrieved Woman Complainant, her said Complaint Must be forwarded to the Local Committee constituted at for the respective District.
Accordingly, for Mandatory Redressal of SH Complaints, Every Employer (Occupier/Head of Institution) in India having Ten and more Employees in any Establishment is Bound-by-Law to Constitute the Internal Committee for in Each Branch, Each Division, Each Unit of her/his Company, Establishment, Institution, Organization.
The Internal Committee is constituted/Formed as per Provisions of Section-4 of the abovementioned Act of 2013 consisting of / comprising of Four (04) Constituents / Members, 50% of who Must be Women with the Presiding Officer being a Woman employed at a Senior Level in the Branch, Division, or in the Unit and One Non-Employee Outsider, who are Sensible & Senstive as prescribed.
As soon as the Employer forwards the Written Complaint alongwith the Charge-Sheet or Explanation Letter issued to the Employee-Respondent together with her/his Written Explanation/Reply, the Internal Committee Must Commence, Conduct and Conclude their Proceedings within 90 Days from the Date of Commencement of IC Inquiry Proceedings, in accordance with the Principles of Natural Justice and the Procedures prescribed for such Internal Inquiries, in the event the Aggrieved Woman declines to Opt for Conciliation.
The Internal Committee Must Prepare & Submit thier Inquiry Report with Definite and Conclusive Findings, within Ten Days from the Date of Concluding the Inquiry Proceedings.
The Internal Committee Must forward/Serve Copies of Inquiry Findings, each to the Aggrieved-Woman-Complainant and the Respondent, to enable them, both to submit their Representation, if any against the IC Inquiry Findings or in case of Conciliation arrived at, the same Procedure be adhered to.
Internal Committee is an Independent Legal Entity consisting of Employees of an Establishment Nominated as Members and a Non-Employee, Outside of the Establishment and therefore the IC Must ensure that their Conduct is Fair, Just and Proper, Non-Partisan, non-biased and without any extraneous Consideration, Influence whatsoever.
Kritarth Team
of Spl Educators & Serving External Member
30 Nov 2019
From India, Delhi
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Membership of the Internal Complaints Committee.docx