Learning Session For ICC Members on How to Conduct Internal Inquiry into Sexual Harassment Complaints or Reports

Suddenly, the inquiry procedures to be followed in accordance with the principles of natural justice have caught management's attention and gained momentum and importance.

The immediate reason is the legal mandate reiterated again by the new law passed in 2013 that internal inquiries into sexual harassment complaints or reports must be followed in letter and in spirit, properly and faithfully.

Internal Complaints Committee (ICC) members, nominated as per the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, are legally required to conduct internal inquiries into sexual harassment complaints or reports strictly in accordance with the principles of natural justice and write inquiry reports with their findings.

Generally, the ICC members have not undergone any training and are less than competent to conduct the inquiries. They are often at a loss as to what the inquiry procedures are for such internal or domestic inquiries, what order should be followed during inquiries, what is meant by recording the examination and cross-examination of the complainant, the respondent, and their respective witnesses, or how to admit the documentary or other forms of evidence.

The ICC members generally have no idea of how to write inquiry reports with their findings and what constitutes a perverse finding.

A bad inquiry result could lead to judicial review, disappointments, unwelcome publicity, and may amount to dereliction of duty on the part of the concerned ICC, whose members may face removal from the august legal body/entity.

It is, therefore, important for all employers (managements) and heads of institutions to organize training programs for ICC members so that they can learn and become proficient in discharging their legal duties.

It is cost-effective for employers/managements to organize in-house training programs on inquiry procedures. The HR personnel will benefit from participating in this program.

Just call Kritarth Team and place your order for organizing the workshop for your ICC and HR managers.

Kritarth Team is also organizing open-house workshops on inquiry procedures in Bengaluru, Delhi NCR, Hyderabad, Mumbai, Navi Mumbai, and Pune in the coming weeks. You have the choice to nominate your ICC members to any workshops for the lowest possible investment.

These workshops will be conducted by Harsh K Sharan, XLRI alumnus, former VP-HR, and management faculty. He fulfills the prescribed qualifications and competence of serving as a specialist educator for PoSH programs.

Kritarth Team, Bengaluru Office
info@kritarth.in
91 9560 453 756; 91 9880 299 349
20 October 2015

From India, Delhi
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"Sexual Harassment Complaints - All About Inquiry Procedures Laid Down by the Law"

Open-House Workshop/Training Programs organized by Kritarth Consulting in Bengaluru (2nd Dec 2015), in Delhi (14th Dec 15), in Hyderabad (4th Dec 15), in Mumbai (16th Dec 2015), and in Pune (18th Dec 2015).

Holding proper inquiry into Sexual Harassment Complaints as per the laid-down procedures and in accordance with the two principles of natural justice is a legal requirement as per the new act, namely the "Sexual Harassment of Woman at Workplace (P,P&R) Act 2013 and the rules framed thereunder and gazetted.

The inquiry into Sexual Harassment Complaints must be conducted by the Internal Complaints Committee constituted under the above-mentioned act by the employer, head of institutions.

The moot/debatable point is - are the members of the ICC trained to conduct the internal inquiry into Sexual Harassment Complaints in each and every establishment/organization.

ICC Members are employees drawn from various departments/functions and generally do not know/are not fully aware of the inquiry procedures prescribed in the act/law.

Bad inquiries are likely because of ignorance/lack of proper training to be able to conduct a proper, just, and fair inquiry. The ICC Members have no idea about how to record testimonies of the complainant, the respondent (the accused), and their witnesses and/or documents; how to conduct cross-examination, and above all how to write inquiry reports with findings.

The ICC Members need to be trained in doing inquiries faithfully and properly. In fact, the new law makes it mandatory for the employers, heads of institutions to organize capacity and skills building programs and orientation programs for the ICC Members, maintain records, and mention this in the annual statutory report to be filed for the calendar year.

Harsh K Sharan, XLRI Alumnus, and Special Educator, Kritarth Consulting Pvt Ltd will conduct these Open-House Workshops/Training Programs for the ICC Members on the dates and locations mentioned above.

Those who are planning to hold the mandatory programs for the ICC Members In-House may contact Kritarth Team at info@kritarth.in, +91 9560 453756, +91 9880 299 349 immediately.

For registering nominations, please write to/contact Kritarth Consulting at info@kritarth.in, +91 9560 453756, +91 9880 299 349.

Kritarth Team
17th Nov 2015

From India, Delhi
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Attn: All Employers Heads of Institutions

Qualified & Competent Person Available to Serve as ICC Member (External)

It is Mandatory for all Employers/Heads of Institutions to constitute an Internal Complaints Committee (ICC) in their Establishment (and at all the Units/Offices) under the New Law namely "Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013" with a minimum of Four (4) ICC Members:

1. One Senior Woman Employee as the Presiding Officer;
2. One Woman Employee as ICC Member;
3. One Male or another Woman Employee as ICC Member; and
4. ICC Member (External) who is a Non-employee fulfilling the Qualification and Competence to serve as ICC Member.

Mr. Harsh Kumar Sharan (XLRI Alumnus) fulfills the prescribed Qualification and Competence to serve as ICC Member (External). He is the ICC Member (External) duly nominated by a number of Employers in Bengaluru, Delhi, Mumbai, and Hyderabad.

The Employers and/or the Head of Human Resources may Contact Harsh at hksharan@kritarth.in 91 9560453 756.

He has Hands-On Experience of Conducting Conciliation, Inquiries in accordance with the Principles of Natural Justice and all 21 Tasks entrusted to ICC by the Law.

Kritarth Consulting Pvt. Ltd 5.2.16.

From India, Delhi
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Duties, Responsibilities & Role of ICC Member (External) under Sexual Harassment of Woman at Workplace (P, P & R) Act 2013

Nomination of a Non-Employee-Outsider to Serve as the Member (External) on the ICC (Internal Complaints Committee) under Section 4 of SHWW Act is Mandatory/Legally-Compulsory-Duty of the Employers, Heads of Institutions as stipulated in Section 19 Heading Employers Duty.

The Objective of inducting a Member (External) on the ICC is to ensure that 1) This Member (External) is fully familiar with the Issues of Sexual Harassment at Workplace (Misuse of Official Authority; Conceptual Clarity on Quid pro quo and Why the Aggrieved Women often hesitate to raise their Voice/Complaints) and would never brook any Interference from any quarter, would not pay any heed to Extraneous Considerations, Pressures, or External Influence whatsoever including from the Head of the Establishments/Institutions mar the Prudence, Judgement of the ICC Members, individually and or Collectively.

The Most Suitable Person qualified/eligible to be Nominated as ICC Member (External) to effectively, properly, and faithfully perform the Duties, Responsibilities, and Role envisioned in the Laws, in Letter and in Spirit, ought therefore necessarily to be someone WHO is i) not interested in the Outcome of the Sexual Harassment Complaint, ii) remains Impartial and Unbiased, iii) acts Non-Arbitrarily always and iv) exudes Stout Confidence, Unshakable Convictions, and shall in No Circumstances/Situation yield to pressures/influence and the like.

The Most Sought after qualification of this Person ought to be his/her impeccable Record of Serving the Cause which supports his/her Role in the Functioning of the ICC.

Those Employers Heads of Institutions HR Heads who are seeking such a Competent Person may contact Harsh Kumar Sharan of Kritarth Consulting Pvt Ltd. Harsh is well-groomed in XLRI and possesses the Competence and Qualifications, Eligibility as prescribed in the SHWW Act 2013. Harsh is already a Member (External) in Establishments.

Harsh is well-versed with the 21 Tasks entrusted to the ICC particularly the following:

a) Conducting Internal Inquiries by ICC in accordance with Principles of Natural Justice. ICC Inquiry Proceedings will include Recording the Testimonies of the Complainant, the Respondent, and their Witnesses if any;

b) Writing Inquiry Reports with Findings;

c) Conducting Conciliation Proceedings at the behest of the Complainant;

d) Determining Compensation claimed by the Aggrieved Woman;

e) Writing ICC Recommendations for the Employers Considerations, etc.

Contact Kritarth Team info@kritarth.in hksharan@kritarth.in shakti@kritarth.in 91 9560 453 756 / 91 9880 299 349 21st Feb 2016

From India, Delhi
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Attention Members of ICC (Internal Complaints Committees)

Are you fully prepared to perform your duties, responsibilities, and role as the ICC Members?

Do you know the tasks you must perform as ICC Members?

To begin with, the ICC Members need to perform 25 tasks properly and faithfully.

Have you attended the mandatory programs to be compulsorily organized by your Employer so that you are thoroughly prepared to discharge your 25 duties?

The purpose of these mandatory programs is to build your capacity/capability to perform/discharge your duties satisfactorily. Without attending these two/twin programs, how would you do your duties? For dereliction of duty on your part as nominated ICC Member, you may be taken out of the ICC.

To prevent and avoid that situation, the law made it compulsory for you to attend the Orientation and Capacity & Skills Building Programs to be conducted by a special educator as defined in the law.

Moreover, the ICC Presiding Officer must file the Annual Statutory Report for the calendar year, i.e., 2013, 2014, 2015, to the District Officer mentioning whether the two programs for the ICC Members were held or not held.

The Special Educator, Harsh K Sharan, an XLRI Alumnus, conducts the Twin PoSH Programs for the ICC Members. Harsh has conducted dozens of programs for reputed MNCs and Indian Companies, Educational Institutions, and Research Centers.

You may please contact Harsh for attending ICC Members Programs at:

- / /

- 91 9880 299349 / 91 9560 453756

Kritarth Consulting

16th March 2016

From India, Delhi
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