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The inquiry procedure regarding sexual harassment complaints is a critical process that must be conducted with utmost care and adherence to legal guidelines. Here is a detailed guide on the stages involved in the inquiry process:
Pre-Inquiry Stage (Phase-1):
1. Issue a Show-Cause Notice or Charge-Sheet to the Respondent based on the contents of the complaint, outlining the alleged misconduct and providing an opportunity to respond.
2. Ensure confidentiality of the complainant and respondent's identities as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
3. Forward the respondent's written explanation to the Internal Committee for further proceedings.
4. Provide necessary assistance to the Internal Committee in conducting the inquiry.
Inquiry Stage (Phase-2):
1. Issue notices to the complainant and respondent for the scheduled IC proceedings, allowing them to present witnesses and evidence.
2. Record testimonies in a structured manner, starting with the complainant, followed by witnesses and the respondent.
3. Ensure all testimonies are attested by the present parties.
4. Proceed with an ex parte inquiry if a party abstains from participating after sufficient opportunities.
5. Complete the inquiry within 90 calendar days.
Post-Inquiry Stage (Phase-3):
1. The Internal Committee must sign the inquiry report with findings and recommendations, forwarding it to the employer for disciplinary action.
2. Provide a copy of the report to the complainant and respondent for their representations.
3. The Internal Committee cannot issue punishment; only the employer can decide on disciplinary actions.
4. If the complaint is found false, frivolous, or malicious, the employer should take action against the complainant.
It is crucial to follow the established laws and procedures outlined in the Sexual Harassment of Women at Workplace Act, 2013, to ensure a fair and just inquiry process. Remember, legal representation is prohibited during the inquiry proceedings to maintain fairness and impartiality.
For further inquiries or clarifications, you can reach out to the Kritarth Team of Special Educators and Serving Members across India.
From India, Gurugram
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Pre-Inquiry Stage (Phase-1):
1. Issue a Show-Cause Notice or Charge-Sheet to the Respondent based on the contents of the complaint, outlining the alleged misconduct and providing an opportunity to respond.
2. Ensure confidentiality of the complainant and respondent's identities as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
3. Forward the respondent's written explanation to the Internal Committee for further proceedings.
4. Provide necessary assistance to the Internal Committee in conducting the inquiry.
Inquiry Stage (Phase-2):
1. Issue notices to the complainant and respondent for the scheduled IC proceedings, allowing them to present witnesses and evidence.
2. Record testimonies in a structured manner, starting with the complainant, followed by witnesses and the respondent.
3. Ensure all testimonies are attested by the present parties.
4. Proceed with an ex parte inquiry if a party abstains from participating after sufficient opportunities.
5. Complete the inquiry within 90 calendar days.
Post-Inquiry Stage (Phase-3):
1. The Internal Committee must sign the inquiry report with findings and recommendations, forwarding it to the employer for disciplinary action.
2. Provide a copy of the report to the complainant and respondent for their representations.
3. The Internal Committee cannot issue punishment; only the employer can decide on disciplinary actions.
4. If the complaint is found false, frivolous, or malicious, the employer should take action against the complainant.
It is crucial to follow the established laws and procedures outlined in the Sexual Harassment of Women at Workplace Act, 2013, to ensure a fair and just inquiry process. Remember, legal representation is prohibited during the inquiry proceedings to maintain fairness and impartiality.
For further inquiries or clarifications, you can reach out to the Kritarth Team of Special Educators and Serving Members across India.
From India, Gurugram
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