Sarvottam, the enterprising maverick Manager raised another Question as below and sought an Answer from Team Kriatrth:
Question: " What if the Employer / Management is in receipt of a Written Complaint from an Aggrieved Woman Employee-Complainant, alleging Sexual Harassment she was subjected to by her Superior Colleague, soon followed by receipt of the Resignation Letter from the same Superior against whom the said SH Complaint was lodged/reported/ submitted wherein he requested the Employer/Management to release him on completion of Notice Period indicated by him ? The rumour was that he had somehow come to know about the written Complaint lodged against him.
Team Kritarth's Stand: "In right earnest and in all Fairness, the Employer/the Management ought to take following Action-Steps:
1. Forward the written Complaint received from the mentioned Aggrieved Woman Employee-Complainant to the ICC (Internal Complaints Committee) together with the i) the Copy of Explanation Letter (show cause Notice if so issued to him together with his Reply / Explanation Letter submitted by him in reply to the said Show-Cause Notice requesting a) necessary action in accordance with provisions of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules gazetted thereunder; and b) ICC to forward their Findings and or Recommendations for further Disciplinary Action as the case may be; and
2. Simultaneously, inform, in writing, the Superior-Employee that his Written Request for Resignation has since been received and a decision is being kept in abeyance in view of the fact that a Written S H Complaint against him has since been received before the receipt of his Resignation Request Letter and has since been/already been referred/forwarded to the ICC for their consideration and Findings / Recommendation on receipt of which necessary further action shall be taken; and
3. Advice the Respondent ( the Person against whom the Complaint was made), in writing to be available to co-operate with the ICC in completing their Proceedings as deemed fit /decided by the ICC including attending/ participating in the ICC Proceedings as and held/scheduled and intimated to him; and
4. Provide all feasible facilities to the ICC to commence, conduct and conclude their Proceedings including ensuring presence of the Respondent, Witnesses and or Documentary Evidence, if any; and
5. Monitor submission of the Report with Findings and or Recommendation so that the ICC sticks to the prescribed Time Limit; and
6. Take Disciplinary Action on receipt of the Findings / Recommendation of the ICC. ( in this connection, it is / will be expedient for the Employer / Management to take notice of the Recent High Court Judgement/Verdict where it was observed that the Findings of the ICC was Final and Binding).
Team Kritarth looks forward to and invites Views that would enlighten the Employer/ the Managers on this subject-matter.
Team Kritarth
Home | Kritarth Consulting Private Limited
25.6.2017
From India, Delhi
200Question: " What if the Employer / Management is in receipt of a Written Complaint from an Aggrieved Woman Employee-Complainant, alleging Sexual Harassment she was subjected to by her Superior Colleague, soon followed by receipt of the Resignation Letter from the same Superior against whom the said SH Complaint was lodged/reported/ submitted wherein he requested the Employer/Management to release him on completion of Notice Period indicated by him ? The rumour was that he had somehow come to know about the written Complaint lodged against him.
Team Kritarth's Stand: "In right earnest and in all Fairness, the Employer/the Management ought to take following Action-Steps:
1. Forward the written Complaint received from the mentioned Aggrieved Woman Employee-Complainant to the ICC (Internal Complaints Committee) together with the i) the Copy of Explanation Letter (show cause Notice if so issued to him together with his Reply / Explanation Letter submitted by him in reply to the said Show-Cause Notice requesting a) necessary action in accordance with provisions of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules gazetted thereunder; and b) ICC to forward their Findings and or Recommendations for further Disciplinary Action as the case may be; and
2. Simultaneously, inform, in writing, the Superior-Employee that his Written Request for Resignation has since been received and a decision is being kept in abeyance in view of the fact that a Written S H Complaint against him has since been received before the receipt of his Resignation Request Letter and has since been/already been referred/forwarded to the ICC for their consideration and Findings / Recommendation on receipt of which necessary further action shall be taken; and
3. Advice the Respondent ( the Person against whom the Complaint was made), in writing to be available to co-operate with the ICC in completing their Proceedings as deemed fit /decided by the ICC including attending/ participating in the ICC Proceedings as and held/scheduled and intimated to him; and
4. Provide all feasible facilities to the ICC to commence, conduct and conclude their Proceedings including ensuring presence of the Respondent, Witnesses and or Documentary Evidence, if any; and
5. Monitor submission of the Report with Findings and or Recommendation so that the ICC sticks to the prescribed Time Limit; and
6. Take Disciplinary Action on receipt of the Findings / Recommendation of the ICC. ( in this connection, it is / will be expedient for the Employer / Management to take notice of the Recent High Court Judgement/Verdict where it was observed that the Findings of the ICC was Final and Binding).
Team Kritarth looks forward to and invites Views that would enlighten the Employer/ the Managers on this subject-matter.
Team Kritarth
Home | Kritarth Consulting Private Limited
25.6.2017
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Handbook on Sexual Harassment of Women at Workplace.pdf
As passed by LS Sexual Harassment at Workplace Bill 2012.zip