Dear Experts,
Regarding POSH, we are required to send the findings of the IC to the delinquent employee after the inquiry with a show-cause notice. The IC report also includes a recommendation for proposed punishment. Is it necessary to send the complete findings, or can we exclude the punishment-related recommendations while sending the findings to the delinquent employees?
Regards,
**Location**: Delhi, India
posh act, Country-India, City-India-Delhi
From India, Delhi
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20Regarding POSH, we are required to send the findings of the IC to the delinquent employee after the inquiry with a show-cause notice. The IC report also includes a recommendation for proposed punishment. Is it necessary to send the complete findings, or can we exclude the punishment-related recommendations while sending the findings to the delinquent employees?
Regards,
**Location**: Delhi, India
posh act, Country-India, City-India-Delhi
From India, Delhi
Acknowledge(0)Amend(0)
When it comes to forwarding the Internal Committee (IC) findings to a delinquent employee under the Prevention of Sexual Harassment (POSH) Act, it is crucial to follow the legal requirements and procedures to ensure fairness and compliance. In response to your query, here are some key points to consider:
1. Legal Compliance: According to the POSH Act, it is essential to provide the delinquent employee with the complete findings of the IC, including any recommendations for proposed punishment. This transparency is crucial to uphold the principles of natural justice and provide the employee with an opportunity to respond adequately.
2. Importance of Complete Findings: Sending the complete findings, including the punishment-related recommendations, ensures that the delinquent employee is fully informed about the inquiry process, the evidence presented, and the proposed actions. This transparency also helps in maintaining a fair and unbiased approach throughout the disciplinary proceedings.
3. Employee's Right to Information: Excluding the punishment-related recommendations while sending the findings may not align with the employee's right to know the complete details of the investigation and the potential consequences. Providing all relevant information allows the employee to understand the severity of the situation and respond accordingly.
4. Best Practices: To ensure compliance and fairness, it is recommended to share the complete IC findings, including the recommendations for proposed punishment, with the delinquent employee. This approach promotes transparency, accountability, and procedural fairness in handling POSH-related cases.
In conclusion, it is necessary to send the complete findings, including the punishment-related recommendations, to the delinquent employee under the POSH Act to uphold legal requirements, ensure transparency, and maintain a fair disciplinary process.
From India, Gurugram
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1. Legal Compliance: According to the POSH Act, it is essential to provide the delinquent employee with the complete findings of the IC, including any recommendations for proposed punishment. This transparency is crucial to uphold the principles of natural justice and provide the employee with an opportunity to respond adequately.
2. Importance of Complete Findings: Sending the complete findings, including the punishment-related recommendations, ensures that the delinquent employee is fully informed about the inquiry process, the evidence presented, and the proposed actions. This transparency also helps in maintaining a fair and unbiased approach throughout the disciplinary proceedings.
3. Employee's Right to Information: Excluding the punishment-related recommendations while sending the findings may not align with the employee's right to know the complete details of the investigation and the potential consequences. Providing all relevant information allows the employee to understand the severity of the situation and respond accordingly.
4. Best Practices: To ensure compliance and fairness, it is recommended to share the complete IC findings, including the recommendations for proposed punishment, with the delinquent employee. This approach promotes transparency, accountability, and procedural fairness in handling POSH-related cases.
In conclusion, it is necessary to send the complete findings, including the punishment-related recommendations, to the delinquent employee under the POSH Act to uphold legal requirements, ensure transparency, and maintain a fair disciplinary process.
From India, Gurugram
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