Sirs, Good Day, Under POSH ACT , is there any timeline for adjournment of SH cases? If yes, in how many maximum number of days we can adjourn? Regards
From India, Villupuram
2From India, Villupuram
In case the SH Complaints/Allegations are already refered to/ fowarded to the Internal Committee along with Show-Cause Notice issued to the Employeee=Respondent and the Employee-Respondent submitted a Written Explanation, thereto the the IC Proceedings may proceed as follows:
If either the Complainant or the Employee-Respondent requests for Next Date, the IC may give at Least Two more opportunities to be present and participate in IC Proceedings with Gap of Two Working Days for each of the Two Opportunities.
If a proper Medical Certificate of Unfitness from Duty issued by a Registered MedicalPractioner is produced/ enclosed, verify its authencticity before execising IC 's Discretion to adjourn the Proceedings.
The SHWW (P,P & R) Rule 2013 Gazetted on 9.12.13 Prescribes giving Three Opportunities with gap of 15 days as I recall hence verify first.
The Internal Committee ought to notact mechanically, rather ascertain the Why factor with the One seeking "Adjournment".
In any case the IC is mandated to complete/concluide Inquiry Proceedings within Ninety Calendar Days from the Date of commencement of IC Proceedings.
Kritarth Team ofSpl Educators &
Serving Member (External) ICs PAN India
18.7.2019
From India, Delhi
If either the Complainant or the Employee-Respondent requests for Next Date, the IC may give at Least Two more opportunities to be present and participate in IC Proceedings with Gap of Two Working Days for each of the Two Opportunities.
If a proper Medical Certificate of Unfitness from Duty issued by a Registered MedicalPractioner is produced/ enclosed, verify its authencticity before execising IC 's Discretion to adjourn the Proceedings.
The SHWW (P,P & R) Rule 2013 Gazetted on 9.12.13 Prescribes giving Three Opportunities with gap of 15 days as I recall hence verify first.
The Internal Committee ought to notact mechanically, rather ascertain the Why factor with the One seeking "Adjournment".
In any case the IC is mandated to complete/concluide Inquiry Proceedings within Ninety Calendar Days from the Date of commencement of IC Proceedings.
Kritarth Team ofSpl Educators &
Serving Member (External) ICs PAN India
18.7.2019
From India, Delhi
Employer should Establish Complaints Committees (iCC/LCC)
Compliant commitee major function is to
– Educate and sensitize employee about the issue
– Address the compliant, conduct enquiry
- Victim woman may rise in writing, a complaint of sexual harassment at workplace to the Complaints Committee, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
- On receiving such a complaint, the chairperson will inform other committee members at the earliest possible and Committee will take further actions in the matter as required.
- The first action meet should be held immediately within reasonable time but not later than 07 working days of receiving the written complaint of the Aggrieved.
- ICC then investigate the compliant right after the meeting with the releant doucments submitted.
- After all the investigations, the committe should send complaint to Respondent within seven days of receipt to respond within 10 days.
Know everything about POSH ACT here - https://www.talentproindia.com/multimedia
Team,
TalentPro
From India, Chennai
Compliant commitee major function is to
– Educate and sensitize employee about the issue
– Address the compliant, conduct enquiry
- Victim woman may rise in writing, a complaint of sexual harassment at workplace to the Complaints Committee, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
- On receiving such a complaint, the chairperson will inform other committee members at the earliest possible and Committee will take further actions in the matter as required.
- The first action meet should be held immediately within reasonable time but not later than 07 working days of receiving the written complaint of the Aggrieved.
- ICC then investigate the compliant right after the meeting with the releant doucments submitted.
- After all the investigations, the committe should send complaint to Respondent within seven days of receipt to respond within 10 days.
Know everything about POSH ACT here - https://www.talentproindia.com/multimedia
Team,
TalentPro
From India, Chennai
DearKritarth Team Kindly share the Gazetted under The SHWW (P,P & R) Rule 2013 Gazetted on 9.12.13 Prescribes giving Three Opportunities with gap of 15 days. Regards,
From India, Mumbai
From India, Mumbai
The SHWW(P,P, &R) Act, 2013 and Rules are silent on adjournment of SH cases. Please refer to the rules here - http://www.shebox.nic.in/assets/site...lace-Rules.pdf
However, Section 11(4) stipulates that the ICC should complete the enquiry withing 90 days. Also, Rule 7(5) of SHWW(P,P,&R) Rules, 2013 state that the ICC has a power to terminate the ICC proceedings or to give an ex-parte decision on the complaints if either party fail without any sufficient cause to present himself or herself for three conseciutive hearing.
Thanks,
Advocate Vanita
Team Ungender
Website Link: Ungender - Gender and Labour Laws Compliance Advisory
Email us at:
Call: +91-95826 30056
From India, Alwar
However, Section 11(4) stipulates that the ICC should complete the enquiry withing 90 days. Also, Rule 7(5) of SHWW(P,P,&R) Rules, 2013 state that the ICC has a power to terminate the ICC proceedings or to give an ex-parte decision on the complaints if either party fail without any sufficient cause to present himself or herself for three conseciutive hearing.
Thanks,
Advocate Vanita
Team Ungender
Website Link: Ungender - Gender and Labour Laws Compliance Advisory
Email us at:
Call: +91-95826 30056
From India, Alwar
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