---Enquiry into Sexual Harassment Complaints -Procedures , Dos & Donts---
Dos:-
-Enquiry into Sexual Harassment Complaints Must Be Conducted in accordance with the Principles of Natural Justice as well as the Procedures prescribed for such Internal Inquiries;
- Enquiry Proceedings Must Be Commenced, Conducted & Concluded by the Internal Committee constituted as per Provisions under Section-4 of "Sexual Harssment of Women atWorkplace (Prevention, Prohibition & Redressal) Act 2013" and the "Sexual Harssment of Women atWorkplace (Prevention, Prohibition & Redressal) Rules gazetted on 9.12.2013, ensuring the Presiding Officer is present throughout the Proceedings;
- During the Enquiry Proceedings, the Internal Committee Must follow the Order of Events prescribed for such Internal Enquiries and Record the Sworn Testimonies of the Complainant and then her Witnesses, then the Witnesses of the Respondent and last the Responden, give all reasonable Opportunities to Cross-Examinnation, Admit Documentary Evidence as Exhibits;
- Enquiry Proceedings Must Be Completed within Ninety (90) Days from the Date of Commencement;
- Enquiry Report with definite and conclusive Findings Must be submitted by Internal Committee to the Employer within Ten (10) Days from theDate of Conclusion of Enquiry by the IC;
-Copies of the Enquiry Findings Must be issued to the Aggrieved-Woman-Complainanat and the Employee-Respondent by the Internal Committee to enable them, both to submit their Representation, if any aganist the IC Enquiry Findings;
-Internal Committee to deal with Unforseen Circumstance occuring during Ongoing Enquiry , appropriately including Conducting ex -parte Enquiry;
- The Internal Committee PresidingOfficer, the Employee-Members and the External Member Must Be Thorough with Enquiry Procedures, Dos & Donts and Be & Remain Fair , Just and Proper throughout Never Acting under External or Internal Influence and or Extraneous Considerations.
For Clarity, Kritarth Team isAvailable round-the-Cloack
Kritarth Team
Bengaluru,
29 Nov 2019
From India, Delhi
200Dos:-
-Enquiry into Sexual Harassment Complaints Must Be Conducted in accordance with the Principles of Natural Justice as well as the Procedures prescribed for such Internal Inquiries;
- Enquiry Proceedings Must Be Commenced, Conducted & Concluded by the Internal Committee constituted as per Provisions under Section-4 of "Sexual Harssment of Women atWorkplace (Prevention, Prohibition & Redressal) Act 2013" and the "Sexual Harssment of Women atWorkplace (Prevention, Prohibition & Redressal) Rules gazetted on 9.12.2013, ensuring the Presiding Officer is present throughout the Proceedings;
- During the Enquiry Proceedings, the Internal Committee Must follow the Order of Events prescribed for such Internal Enquiries and Record the Sworn Testimonies of the Complainant and then her Witnesses, then the Witnesses of the Respondent and last the Responden, give all reasonable Opportunities to Cross-Examinnation, Admit Documentary Evidence as Exhibits;
- Enquiry Proceedings Must Be Completed within Ninety (90) Days from the Date of Commencement;
- Enquiry Report with definite and conclusive Findings Must be submitted by Internal Committee to the Employer within Ten (10) Days from theDate of Conclusion of Enquiry by the IC;
-Copies of the Enquiry Findings Must be issued to the Aggrieved-Woman-Complainanat and the Employee-Respondent by the Internal Committee to enable them, both to submit their Representation, if any aganist the IC Enquiry Findings;
-Internal Committee to deal with Unforseen Circumstance occuring during Ongoing Enquiry , appropriately including Conducting ex -parte Enquiry;
- The Internal Committee PresidingOfficer, the Employee-Members and the External Member Must Be Thorough with Enquiry Procedures, Dos & Donts and Be & Remain Fair , Just and Proper throughout Never Acting under External or Internal Influence and or Extraneous Considerations.
For Clarity, Kritarth Team isAvailable round-the-Cloack
Kritarth Team
Bengaluru,
29 Nov 2019
From India, Delhi
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Steps for enquiry in sexual harassment.pdf