---Conciliation under SHWW (P, P & R) Act, 2013 into Sexual Harassment Complaints---
The SHWW (P, P & R) Act 2013 empowers the Aggrieved Woman Complainant to exercise her Option for Conciliation in respect of her Sexual Harassment Complaints within pre-set conditions. This Option is not available to the Respondent.
Internal Committees may take steps to settle/resolve her Complaints through Conciliation subject to the following Conditions:-
1. Conciliation can commence at the behest of Aggrieved Woman-Complainant, only;
2. No Monetary Consideration to be basis of Conciliation or Settlement;
3. No Conciliation after IC commences Inquiry Proceedings;
4. The Respondent must concur for Conciliation;
5. IC shall record the Settlement & provide Settlement Copies to the Complainant, the Respondent & the Employer;
6. If No Settlement is arrived at, IC shall proceed with Inquiry;
7. If Respondent fails to fulfil any Terms of Settlement thru IC Conciliation, the IC shall either enquire into her Complaint of
non-compliance with Settlement or forward her said Complaint to the Police.
Conciliation is a Powerful Option an Aggrieved Woman can avail of at No Costs, inconvenience or publicity. Other Options like Mediation etc shall uproot the Purpose of SHWW Act & betray the Preamble of aforesaid Act which is Complete, Comprehensive & Holistic on all yardsticks. Only Incompleteness which is Single Cause for Concern/Worry is apathetic & tepid compliance by few Employers.
Conciliation under SHWW (P, P &R) Act 2013 is much different from Conciliation under I D Act where under Two Parties opt for conciliation by mutual consent by Govt Conciliation Officers to assist them arrive at an amicable settlement of dispute difference or conflict arising out of Contractual Obligations or Relationship. Under ID Act, Conciliation Officer Can suo moto hold Conciliation which Power is not vested in the ICs.
In Cases of SH Complaints the Aggrieved Woman is aware of the consequences of Filing False Complaint or furnishing Faalse Testimony /Evidence. In my experience spanning over decades, I never came across any Aggrieved -Woman Who readily Opted for Conciliation even after as IC Member (External), I explained to her what Conciliation means & includes and their Single-Point Stand was that their SH Complaint waere True Not False or Frivolous and that they wanted the IC and the Employer to take not that they Wre speaking the Truth, that their Complaints were genuine.
Comments & Views are Welcome.
Harsh KumarSharan, Spl Educator PoSH Programs,
Kritarth Consulting,
#holistichr #allaboutposh #PoshMasters
17.7.2020
From India, Delhi
200The SHWW (P, P & R) Act 2013 empowers the Aggrieved Woman Complainant to exercise her Option for Conciliation in respect of her Sexual Harassment Complaints within pre-set conditions. This Option is not available to the Respondent.
Internal Committees may take steps to settle/resolve her Complaints through Conciliation subject to the following Conditions:-
1. Conciliation can commence at the behest of Aggrieved Woman-Complainant, only;
2. No Monetary Consideration to be basis of Conciliation or Settlement;
3. No Conciliation after IC commences Inquiry Proceedings;
4. The Respondent must concur for Conciliation;
5. IC shall record the Settlement & provide Settlement Copies to the Complainant, the Respondent & the Employer;
6. If No Settlement is arrived at, IC shall proceed with Inquiry;
7. If Respondent fails to fulfil any Terms of Settlement thru IC Conciliation, the IC shall either enquire into her Complaint of
non-compliance with Settlement or forward her said Complaint to the Police.
Conciliation is a Powerful Option an Aggrieved Woman can avail of at No Costs, inconvenience or publicity. Other Options like Mediation etc shall uproot the Purpose of SHWW Act & betray the Preamble of aforesaid Act which is Complete, Comprehensive & Holistic on all yardsticks. Only Incompleteness which is Single Cause for Concern/Worry is apathetic & tepid compliance by few Employers.
Conciliation under SHWW (P, P &R) Act 2013 is much different from Conciliation under I D Act where under Two Parties opt for conciliation by mutual consent by Govt Conciliation Officers to assist them arrive at an amicable settlement of dispute difference or conflict arising out of Contractual Obligations or Relationship. Under ID Act, Conciliation Officer Can suo moto hold Conciliation which Power is not vested in the ICs.
In Cases of SH Complaints the Aggrieved Woman is aware of the consequences of Filing False Complaint or furnishing Faalse Testimony /Evidence. In my experience spanning over decades, I never came across any Aggrieved -Woman Who readily Opted for Conciliation even after as IC Member (External), I explained to her what Conciliation means & includes and their Single-Point Stand was that their SH Complaint waere True Not False or Frivolous and that they wanted the IC and the Employer to take not that they Wre speaking the Truth, that their Complaints were genuine.
Comments & Views are Welcome.
Harsh KumarSharan, Spl Educator PoSH Programs,
Kritarth Consulting,
#holistichr #allaboutposh #PoshMasters
17.7.2020
From India, Delhi
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