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Annual Report must be submitted by January every year to the District Officer nominated by the appropriate government. 1. Number of complaints received in the year. 2. Number of complaints disposed off during the year. 3. Number of cases pending for more than 90 days. 4. Number of workshops or awareness programme carried out. 5. Nature of action taken by the Employer. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Sec.16: Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Sec.15: The IC shall have regard to ••• (a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman; (b) the loss in the career opportunity due to the incident of sexual harassment; (c) medical expenses incurred by the victim for physical or psychiatric treatment; (d) the income and financial status of the respondent; (e) feasibility of such payment in lump sum or in instalment. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Sec.14 authorises the employer to take appropriate disciplinary action against the complainant in line with the service rules/ standing orders of the Company. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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NO: The Employer may accept or may not, but so such modifications or alterations or suggest the IC to modify etc are not permissible. The Employer, on receipt of the report, shall act upon the recommendation within sixty days of tis receipt by him. Sec.13 (3) of the Act provides: That report of the Committee shall have to be deemed as equally as enquiry report in a domestic enquiry. It has to be treated as finding in disciplinary enquiry.Finding and report of the IC shall not be treated as a mere preliminary investigation but a finding in enquiry. Saritha Verma Vs New Delhi Municipal Corporation.2016 LLR 785.Del.HC. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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YES: The IC can recommend suitable punishment in line with the standing orders / service rules/ discipline policies of the Company. The IC cannot suggest a particular punishment since it is not under their jurisdiction. The IC is empowered to find the respondent guilty or not guilty. Further, the IC is empowered to suggest a particular amount to be paid to the complainant to be deducted from the salary of the respondent as a relief. Provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment, it may direct the respondent to pay such sum to the aggrieved woman. And further that in case the respondent fails to pay the sum, the Internal Committee can take up with the concerned District Officer to recover the sum as a debt and pay to the aggrieved women. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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YES: She can seek transfer to different location of work, or grant special leave for three months. The Employer should consider her request and depending on the situations, reliefs to be provide under Sec.12. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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YES: A compliant can be filed. She can take the assistance of IC Members as well. The proceedings before the Magistrate and the enquiry before the IC are independent & even if the charges are not proved before the Court, this has no effect on the findings of IC. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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YES: Under Sec.10 [1], the IC my suggest whether the complainant is agreeable for a conciliation so that the matter may be mutually settled, but no monetary compromises. In case, the complainant is acceptable and a settlement is reached, the report may be sent to the Employer. Otherwise, the process of enquiry starts. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Time limit is 90 days. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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It is the responsibility of the IC Members to understand the status of the aggrieved women and even during cross examination, the IC members can collect the list of questions by the respondent & elicit answers separately and record the same. IC Members need to balance the emotions & reactions by both the parties. An Enquiry under this Act by IC is not a preliminary one, but a full-fledged enquiry of fact finding. IC has to conduct the enquiry for proving the misconduct in terms of service rules or standing orders thereof a domestic enquiry. IC has to fully comply with principles of natural justice.
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The Enquiry must be conducted on the same lines of conducting a “Domestic Enquiry”. Strictly in conformity with the principles of natura justice and follow “Procedural Proceedings”, Examination & cross examination, documents, and no proceedings to be conducted in the absence of the Complainant as well as the respondent. In case the constitution of the IC is not in line with Sec.4 read with Rule 4, all proceedings including report submitted by IC are not sustainable. Basic object of the Act is that the a woman alleging sexual harassment feels safe during the course of the proceedings by IC. Compliance of strict adherence to Principles of Natural Justice is an absolute must.
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It is the key responsibility of the Employer to conduct training sessions to acquire the skills & knowledge to conduct the proceedings of the enquiry for all the IC members. Ability to create an enabling meeting environment, use body language that communicates, complete attention to the parties, treat the complainant with respect, discard pre-determined ideas& determine the harm to the aggrieved. During a redress process the Internal Committee is required to assure confidentiality, no- retaliation and recommend interim measures as needed to conduct a fair inquiry. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Dealing with workplace sexual harassment complaints is often complex. Must possess the following. a. A sound grasps of the Act, Vishaka Guidelines, applicable Service Rules, relevant laws and an understanding of workplace sexual harassment and related issues. b. Ability to synthesise information i.e. relevant documents, the law and Enquiries. c. They should also be able to communicate effectively, write clearly, listen actively and conduct interviews. d. They should be competent at showing empathy, being impartial and being thorough. e. They should be able to identify sexual harassment and its impact. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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At least 3 IC members to be present to carryon with the enquiry. Chairperson must be present. No enquiry to be held in the absence of the Chairperson. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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1. Be thoroughly prepared 2. Know the Act, Policy and/or relevant Service Rules 3. Gather and record all relevant information 4. Determine the main issues in the complaint 5. Prepare relevant interview questions 6. Conduct necessary Enquiry 7. Ensure parties are made aware of the process and their rights/responsibilities within it 8. Analyse information gathered 9. Prepare the report with findings/recommendations Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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YES: A fearless environment, confidentiality, support in case the aggrieved wishes to lodge an FIR with the police, a patient hearing to present his case in a non-biased manner, frankness, create mutual trust in eliciting the circumstances and situations that led to the case. May be even, one to one talk. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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First step is the IC must study and conduct its own enquiries and discussions with the complainant to ensure that it is a matter of sexual harassment. Because not all the complaints will be sexual harassment. Following judgement is the judicial view: “All unwelcome physical contact will not sexual harassment. Compliant & accused both were working in same establishment. Accused entered the Lab room of complainant, snatched the material in the hands of the complainant, threw the material and pushed her out of room. Complainant took this as an unwelcome physical contact and amounted to sexual harassment. The Complaint Committee enquired into the complaint and concluded that it was a case of altercation in the background of uncongenial environment prevailing there and it was not a sexually determined behaviour .The High Court upheld the decision of the CC.” Shantha Kumar Vs CDIR &othrs.2018 LLR 8Del.HC. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Trained, skilled and competent Internal Committee, a time bound process, Information confidentiality, assurance of non-retaliation, counselling or other enabling support where needed assistance if the complainant opts for criminal proceedings. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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The written complaint should contain a description of each incident(s). It should include relevant dates, timings and locations; name of the respondent(s); and the working relationship between the parties. A person designated to manage the workplace sexual harassment complaint is required to provide assistance in writing of the complaint if the complainant seeks it for any reason. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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In case of any physical disability, anyone on her behalf, like her friend, relative, Member of State’s women’s Commission, can submit. Any mental disability, Complainant's relative OR friend, Special educator, Qualified psychiatrist or a psychologist, Guardian or authority under whose care she is receiving treatment or care, any person who has the knowledge of the incidence, can submit. And even in case of death, with the consent of the legal heir, any relative or friend can submit. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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The aggrieved woman can file the compliant with any of the members of IC within a period of three months. If there is a delay, the IC members can make enquiries as to the reasons for delay and may condone the delay & accept the compliant. Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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The Employer is mandated to incorporate the acts of sexual harassment in the Standing orders, as per the amended provision under the Industrial Employment [standing orders] Act, and also to incorporate under the service rules / policies of the Company. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications
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1. Policy be in line with the guidelines by the Supreme Court in Vishaka case and also under SEXUAL HARASSMENT OF WOMEN AT WORKPLACES [PREVENTION, PROHOBITION AND REDRESSAL] ACT 2013. 2. Objectives. 3. Scope & Definitions of acts of sexual Harassment. 4. Constitution of Internal Committee & accessibility of the Members to any aggrieved women for lodging the complaint. 5. Awareness sessions & wide publicity amongst all section of employees. 6. Roles & responsibilities of Manager, HRM, Employees, & the Management. 7. Publication of prohibition. 8. Procedure of conducting the investigation & Enquiry. 9. Redressal Process- conciliation. 10.Recommendations to the Company after detailed enquiry. 11.Annual Report & submission to Authorities. Source: Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes (Book) Author: K. Vittala Rao Publisher: Niruta Publications |
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