“What If Internal Committee's Presiding Officer Reports Sexual Harassment Complaint against her Superior" ?

 “What If Internal Committee's Presiding Officer Reports Sexual Harassment Complaint against her Superior"?


An Employee nominated as Presiding Officer of the Internal Committee constituted at her Workplace, for a Term Tenure of Three (03) years with effect from 1st September 2022, verbally reported to her Superior, the Managing Director of the Workplace Establishment; about the Sexual Harassments she was subjected to by her Colleague who was quite Senior in Service;


The Managing Director patiently listened to the Aggrieved Woman-Complainant and asked her / requested her to File / Submit immediately her aforesaid Complaint in writing with the Dates, Time, the Place of occurrences of the alleged acts, behaviors, conduct, and deed of  Sexual Harassments towards herself, but she expressed her Unwillingness to submit her Written Complaints despite the MD informing her of the necessity of filing/ lodging her SH Complaints, in writing sufficiently precisely and or also described to her some consequences of not filing her Written SH Complaints; Despite the advice, she continued to contend that she was unwilling to submit her SH Complaints in writing for reasons best known to herself;

The Managing Director sought the assistance of the Presiding Officer and other Two Employee-Members of the InternalCommittee at h their Workplace Establishment, but in vain;


In such circumstances, what appropriate Action-Steps need to be taken by the Managing Director  /Employer of the said Workplace under the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder and since gazetted on 9.12.2013?


The identity of the Aggrieved Woman Complainant and that of the Colleague against whom the verbal Complaint was reported must not be made known to anyone. 

As the Member (External) nominated on the Internal Committees, I made up my mind as to “How” the Employer and the Internal Committee ought to proceed in such a case/situation, yet for my better understanding and or validation I seek Advice, Counsel, Opinion, Suggestion from those who are Law-bound to faithfully and properly implement Laws relating to Sexual Harassment at Workplace.


I earnestly seek Assistance, Help, and Comments from all the Presiding Officers as well as the Employee-Members of all our Internal Committees to  Show a Way out of the above-narrated Imbroglio.  Thanking you all in advance.


Harsh K Sharan, XLRI Alumnus,

Co-Founder Director of Kritarth Consulting Pvt Ltd                                                                           Team of Spl Educators PoSH Mandatory & Reportable Programs;                                         Serving Non-Employee-Member (External); Domestic Inquiry Specialist;                           " Effective Human Relations" Consultant

10th October 2022,  hksharan@kritarth.com// hksharan@gmail.com

Blogger Page:- https://holistichr.blogspot.com //https://holistic-hr.blogspot.com /




 

 

Comments

Post a Comment

Popular posts from this blog

PoSH Laws Not Implemented Faithfully & Properly - Supreme Court of India Reprimands Defaulting Employers For Disrespecting our Own PoSH Laws

"PoSH Laws Not Implemented Faithfully & Properly - Supreme Court of India Reprimands Defaulting Employers For Disrespecting our Own PoSH Laws". Once more, once again, on 12 th May 2023, our Honorable Supreme Court, admonished all the Employers as well as the Occupiers of each and every Workplaces; and all the Authorities in Central Government and State Governments and Union Territories; and all the designated Chief Secretaries; HODs and Managers for not complying with and Not Obeying and Not Implementing, faithfully and properly the Provisions of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal Act 2013, and the Rules framed thereunder and gazetted on 9 th December 2013. Simultaneously, almost in the same breath, Hon’ble Supreme Court of India, alerted all the Employers and the Occupiers of Workplaces; and all the Authorities in Central Government and State Governments and Union Territories; and all the designated Chief Secretarie...
Read more

Why Ritual Compliance with PoSH Law Must Come to an End?

  Why Ritual Compliance with PoSH L aw   M ust Co me to an  E nd?   After Nine years of POSH law in place, do you think it has achieved its objectives and has delivered what was expected of it? Answer from Harsh K Sharan:   An assertion is just an assumption in absence of verified data. So, I abstain from authoritative comment on "Whether Posh Laws has achieved its stated objectives as enshrined in its preamble and in sections especially Section-19 titled Duties of   Employers. However, I do affirm and vouch, as a longtime PoSH Service Provider particularly since 1997 when Hon'ble Supreme Court issued Vishakha Guidelines for Employers; that the legislative intent of the Act has not been achieved in full measure by employers even after 8 years elapsed. The Lapse is due to inert response from alarmingly high no. of employers who failed t...
Read more

"Exploring the 24 Essential Duties and Responsibilities of Internal Committees"

  " Exploring the 24 Essential Duties and Responsibilities of Internal Committees "   Introduction : Almost 10 years ago, “Internal Committees” , came into being when a New Epoch-making Law was passed by our Sovereign Country, namely the “ Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 along with the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Rules 2013, were gazetted on 9 th December 2013, and with immediate effect came into force and became “Binding and Final” on all  the Employers, Occupiers and the Management Team/Managers of all Workplaces throughout the length and breadth of our Nation, irrespective of Number of Employees/ Persons/Workers – Permanent; Temporary, Probationers, Trainees, Interns and or Workers engaged/employed through Contractors, present at the respective Workplaces  Premises. “Internal Committees”, originated on 13 th August 1997, a lmost 16 years before Pr...
Read more