"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 9th 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 13th August 1997, almost 16
years before Promulgation of Sexual Harassment of
Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, in the Landmark
Decision, Judgement,
Verdict of our Hon’ble Supreme Court in the “Vishakha
vs State of Rajasthan & Others, in a Writ Petion filed for the Enforcement of the Fundamental Rights
of Working Women and Women at Workplaces, under Articles 14, 19 and 21 of the
Constitution of India (Bhartiya Samvidhan) in view of the prevailing climate in
which the violation of these Fundamental Rights was becoming common occurrences
without anyone including the Employers and or the Occupiers of the Workplaces
taking any Preventive and Prohibitive Action-Steps and initiatives.
Hon’ble Supreme Court of India ordered all Employers on 13.08.1997 to “Deal with Sexual Harassment of Women at Workplace – arising out of Employment and or in Course of Employment - Cases and “earnestly ensure” appropriate Time-bound Redressal of Sexual Harassment Complaints filed by any Aggrieved-Woman Complainant, through an Internal Complaints Committee constituted at each Workplace Premises. Many Employers disobeyed our own Supreme Court’s Order without any remorse as a result, their Employees suffered, their Profits and Profitability dwindled.
“Internal Committees”, thus, are Independent Legal Body,
Entity, Forum, Office or Mechanism, constituted by each Employers, in writing,
for each of her/his Workplaces, with Ten (10) and more Employed Persons and
s/he and the Board of Directors are required by Law, namely Companies Act 2013 as
amended, to Submit a Written “Declaration” to the effect that Internal Committees
have duly been constituted for all of her/his Workplaces.
“Internal Committees” are constituted by the Employers by Nominating Three (03)
Members from amongst the Employees of the same Workplace and by Nominating One
(01) Non-Employee Third Party as the Member (External) for a Term Period of up to
Three (03) years, by issuing Nomination Letters to all 4 Members including the
Presiding Officer, who must always and invariably be a Women-Employee at a
Senior Level in Workplace Hierarchy. 50% of the Members must be Women.
All Internal
Committees are accountable and Bound-by Sexual Harassment of Woman at Workplace (Prevention,
Prohibition & Redressal) Act 2013 commonly referred to as the “PoSH Act/Law”
in common parlance, and the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Rules 2013, to
File their Annual Report for the preceding Callender
Year, beginning 2013 Callender Year under Section-21 of the aforesaid Act
and Rule-14 of the said Rules.
All Internal Committees are accountable. Liable and
responsible to forward a Signed Copy of their Annual Report to the Employers of
their Workplaces so that the Employers, under Section-22 of the said Act can
incorporate the Internal Committee’s Annual Report in their Companies Annual
Report filed before ROCs.
Main Aim, Intent
& Purpose of Constituting Internal
Committees:
Redressal of Sexual Harassment Complaints is the Sole Aim, Intent & Purpose of Constituting Internal Committees under Section-4 of the said Act.
The Redressal Proceedings must be in line with the Twin Principles of Natural Justice as well as the Procedures laid down by our august Judiciary
for such Internal Redressal Proceeding.
“Internal Committees” are not the
Disciplinary Authority, hence “Internal Committees” are not
authorized or empowered to, suo moto, commence, conduct and conclude their
“Redressal Proceedings
unless and until the Employer/ Disciplinary Authority duly forwards
to the Internal Committee, the Signed Copy of the
Charge-Sheet or the Explanation-seeking Letter or the Show-Cause Notice issued
to the Employee against whom the Sexual Harassment Complaints are Filed, Lodged
or Reported verbally or in writing.
Internal Committee’s Redressal Proceedings begins soon after receiving from the Employer / the Disciplinary
Authority, i). the Copy of the Sexual
Harassment Complaints Filed/ received; and b)
a Signed Copy of the Explanation-Seeking Letter or Charge-Sheet served on the
Employee-Respondent informing her/him about the allegations/ Complaints which amounts
to Act of Misconduct for which s/he is liable to Disciplinary Action/Punishment
as per the Codified Service Rules or the Certified Standing Orders as applicable
to her/him, asking her/him to submit her/his Written Explanation/Reply in
her/his own defense; and c). the Employee-Respondent’s Written
Explanation/Reply in defense; and d) Copies
of the Internal Committee Constitution Order; and e)
Copy of the PoSH Policy; and f) Sets of the SHWW
(Prevention, Prohibition & Redressal) Act 2013 and
SHWW (Prevention, Prohibition & Redressal) Rules.
All Internal Committees Have Specific Authority
& Powers of Civil Courts:
For effective Redressal of Sexual Harassment Complaints and to ascertain whether
the said Complaint is or complaints are True or False, and to effectively
Discharge their Duties and Responsibilities all Internal Committees are empowered with Authority and
Powers of Civil Courts, namely.
a)
Enforce the presence of any Person before the IC during Redressal Proceedings; and
b)
Enforce the Production of any Documents before the
IC during Redressal Proceedings.
Internal Committee’s Presiding Officers and the
Employee-Members plus the Non-Employee Member (External) are, as per our Laws,
like “Judges”, therefore they conduct as the Judges.
All Internal Committees Proceedings are Quasi-Judicial and are Not Discussions or Meeting or Interview
24 Essential Duties and Responsibilities of Internal Committees:
1)
Become Trustworthy and Remain So, throughout:
- By
Building Rapport, Being Unbiased, Unprejudiced, Non-Partisan, Being Fair+ Just+
Proper+ Lawful always; without any Arbitrariness, whatsoever; before, During
and afterwards; and
2)
Become “Thorough” with all the Provisions of the SHWW (P, P
&R) Act 2013 and the SHWW
(P, P &R) Rules 2013, framed thereunder and gazetted by the Central
Govt. on 9.12.2013.
3)
Render all Reasonable Assistance, to the Aggrieved-Woman-Complainant and the Employee-Respondent
and the Witnesses produced during Internal Committee Inquiry; and
4)
Become Well-Versed with the
Provisions of the SHWW (P, P &R) Act 2013 and the SHWW (P, P &R) Rules
2013; the Codified Service Rules or the Certified Standing Orders, applicable
to the Employee-Respondent and the Aggrieved-Woman-Employee-Complainant and
their respective Witnesses, if any; and
5) Become Thoroughly Well-Versed with the Twin Principles of Natural Justice.
6)
Become Thoroughly Well-Versed in Dealing
Respectfully with the Aggrieved-Woman-Complainant. the Employee-Respondent and
their Witnesses produced and Examined-one-after-the-Other during Internal
Committee Redressal Proceedings.
7) Become “Thorough with Procedures prescribed for conducting Conciliation at the behest of the Aggrieved-Woman-Complainant, which is distinctly different from the “Concept of Conciliation” as in Industrial Disputes Act 1947 with Amendments and which is permissible only without any Monetary Considerations.
8)
Become “Thorough in Conducting Full-fledged
Inquiry Proceedings, Step-by-Step, in the Joint Presence of the Complainant and
the Employee-Respondent all the time during the entire Proceedings including Recording,
verbatim of their Sworn Testimonies, their Cross-Examinations in full presence
of the Complainant and the Respondent, without fail; admissions of Documentary Evidence
etc.; and
9)
Become “Thorough’ with arriving at and Drafting/Writing Inquiry Reports with conclusive
and definite Findings and Recommendations as per the Principle of
Preponderance of Probabilities propounded by our Hon'ble Supreme Court; and inter alia
10)
Become “Thorough’ with the Legal inescapable
Provision to forward a Copy each of Internal Committee Inquiry Findings with
Recommendation to the Aggrieved-Woman-Complainant and the Employee-Respondent
informing them of the IC Findings and enabling them, both to submit within
stipulated Days, their Written Representations against the I C Inquiry Findings
and Recommendations.
· Remaining Points to be covered in the Nest Post, o please Bera with this constraint:-
Awaiting you Valuable Response and Comment. Thank
you for reading.
Harsh Kumar Sharan,
XLRI
Alumnus Blogger of this . Email: hksharan@gmail.com/
hksharan@kritarth.in / 91 9560 453
756 www.kritarth.in https://www.holistichr.blogspot.com
Page Name :- All About PoSH/
https://www.holistic-hr.blogspot.com
Page
Name “Holistic HR”
Published: 10th November 2023
Comments
Post a Comment