Dear Clarification- Seeker,
Information Given by You: " We received a complaint letter (Third party complaint) stating that she noticed many times, some group of male employees giving sexual coated comments on female employees whoever go for lunch to the canteen."
At this juncture, I need clarifications on
Your Queries: "1. Is it handled by ICC? 2. If Yes, According to POSH ACT what are the steps to be adapted for the Enquiry?
Clarifications:
1. Yes.
2. The Written Report received, inter alia, should Immediately be forwarded to the Presiding Officer of the Internal Committee of the Establishment which employs the Persons against whom the Report has been raised so that the IC begins their Proceedings including i) Conciliation Proceedings at the behest of the Aggrieved Women Complainants and or b) Full Fledged Inquiry Proceedings in accordance with the Principles of Natual Justice and the Procedures prescribed for such Internal Inquiries.
In case, a Preliminary Inquiry has not yet been held to prima facies ascertain the Facts of the SH Complaint, so as to Draft Charge-Sheets or Explanation -Seeking Letters, it should be held either by a Member of the IC or a Supervisor/ an Officer of the Establishment on submission of whose Report Charge-sheets or Explanation Letter be issued.
If the Internal Committee Members have attended /participated in the Mandatory a) Orientation Program and b) Capacity & Skills Building Program, as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, they should be by now fully familiar with the Inquiry Procedures to be Properly and Faithfully followed, Step-by-Steph.
The Internal Committee must complete/conclude the Inquiry before 90 days and Submit their Inquiry Report with definite and conclusive Findings to the Employer within next 10 Day for him/her to decide on further necessary Action
Any further Clarification and or request for Assistance is Welcome.
Harsh Sharan
Spl Educator, Transformatix
Bengaluru
19.3.2018
From India, Delhi
6Information Given by You: " We received a complaint letter (Third party complaint) stating that she noticed many times, some group of male employees giving sexual coated comments on female employees whoever go for lunch to the canteen."
At this juncture, I need clarifications on
Your Queries: "1. Is it handled by ICC? 2. If Yes, According to POSH ACT what are the steps to be adapted for the Enquiry?
Clarifications:
1. Yes.
2. The Written Report received, inter alia, should Immediately be forwarded to the Presiding Officer of the Internal Committee of the Establishment which employs the Persons against whom the Report has been raised so that the IC begins their Proceedings including i) Conciliation Proceedings at the behest of the Aggrieved Women Complainants and or b) Full Fledged Inquiry Proceedings in accordance with the Principles of Natual Justice and the Procedures prescribed for such Internal Inquiries.
In case, a Preliminary Inquiry has not yet been held to prima facies ascertain the Facts of the SH Complaint, so as to Draft Charge-Sheets or Explanation -Seeking Letters, it should be held either by a Member of the IC or a Supervisor/ an Officer of the Establishment on submission of whose Report Charge-sheets or Explanation Letter be issued.
If the Internal Committee Members have attended /participated in the Mandatory a) Orientation Program and b) Capacity & Skills Building Program, as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, they should be by now fully familiar with the Inquiry Procedures to be Properly and Faithfully followed, Step-by-Steph.
The Internal Committee must complete/conclude the Inquiry before 90 days and Submit their Inquiry Report with definite and conclusive Findings to the Employer within next 10 Day for him/her to decide on further necessary Action
Any further Clarification and or request for Assistance is Welcome.
Harsh Sharan
Spl Educator, Transformatix
Bengaluru
19.3.2018
From India, Delhi
Yes the term of third party complaint..i am sorry to say..Shows you have lost full control over the malpractices happening within the company premises repeatedly...Even waste material should not be allowed to go out.....By any company ...Then how do you allowed or bear eve teasing within the protected area of the company.
Eve teasing is disrespect towards women workers certainly falls on misbehaviour... deserves disciplinary action...
Confirm with cc camera reports...
Usually 3 rd party means might be ..servers cook or cleaners of that canteen..
Canteen and eating places are within the premises of company..It has certain rules strictly followed by all dos and don't s...
So appoint a cool silent observer to report ongoing matters there..
Put the contents on open notice board immediately..Warn them even if any anonymous way done any misbehaviour with women will be removed and also put behind the bars..
For this directly move ahead without any meeting with icc..Etc..
If you suspend any by directly on spot surprise visit.
Then conduct icc to decide gravity of punishment..Do courageously in maintain discipline... Your company premises is not a busstant or public park or A dhabha.or a college .
Let it know the sanctity of it by all your employees.
From India, Nellore
Eve teasing is disrespect towards women workers certainly falls on misbehaviour... deserves disciplinary action...
Confirm with cc camera reports...
Usually 3 rd party means might be ..servers cook or cleaners of that canteen..
Canteen and eating places are within the premises of company..It has certain rules strictly followed by all dos and don't s...
So appoint a cool silent observer to report ongoing matters there..
Put the contents on open notice board immediately..Warn them even if any anonymous way done any misbehaviour with women will be removed and also put behind the bars..
For this directly move ahead without any meeting with icc..Etc..
If you suspend any by directly on spot surprise visit.
Then conduct icc to decide gravity of punishment..Do courageously in maintain discipline... Your company premises is not a busstant or public park or A dhabha.or a college .
Let it know the sanctity of it by all your employees.
From India, Nellore
I feel it is wrong on the part of law that the woman has to prove that she was harassed. Which Indian women will attract attention to herself by recording such an act? It doesn't have to an innuendo, many times there is push and shoving.
Don't you think companies must set up their culture in such a way that a woman feels safe and secure. After all if there is housekeeping staff to keep the place clean, why can't there be marshals, CCTV set up and strict policies to deal with such miscreants. Corporate culture cannot do away with their accountability in providing a safe environment for women to work in. Law is not enough.
Geet Mala Jalota
Author of the Book Have The Woman Left Venus? Decoding Gender at Workplace
Buy from : Amazon.in | Amazon.com | Flipkart | Shopclues | Amazon Kindle | Google Play
From India, Mumbai
Don't you think companies must set up their culture in such a way that a woman feels safe and secure. After all if there is housekeeping staff to keep the place clean, why can't there be marshals, CCTV set up and strict policies to deal with such miscreants. Corporate culture cannot do away with their accountability in providing a safe environment for women to work in. Law is not enough.
Geet Mala Jalota
Author of the Book Have The Woman Left Venus? Decoding Gender at Workplace
Buy from : Amazon.in | Amazon.com | Flipkart | Shopclues | Amazon Kindle | Google Play
From India, Mumbai
Please investigate the matter about the third party because there is no employees made complaint,this may be false or true.Registered this complaint in your internal committee and immediately investigate with the matter because sometimes employees can't directly told about this incident and they have fear of losing of their job so they told to someone who is outsider,please go at his /her place and take into confident and reached to the concerned employees and assured him about do not fear of losing of job because this is good for company future.
This is critical case because sometimes third party use their weapon for some benefits.CCTV or other source may be help for third party comments .
Do 5 W+1H analysis(why,what,who,when,whose and how),
Our NGO is doing like this investigation Globalised Compaign Welfare Society and got fruitful results
From India, Delhi
This is critical case because sometimes third party use their weapon for some benefits.CCTV or other source may be help for third party comments .
Do 5 W+1H analysis(why,what,who,when,whose and how),
Our NGO is doing like this investigation Globalised Compaign Welfare Society and got fruitful results
From India, Delhi
Third Party Harassment- As per the Act, if Third Party Harassment occurs as a result of an act or omission by any third party or outsider, the Employer and person in-charge has to take necessary and reasonable steps, as per law, to assist the affected person in terms of support and preventive action including assisting an employee / third party who wishes to file a complaint with the local police.
V.Sounder Rajan
HR & Employment Law -Attorney
V.Sounder Rajan
HR & Employment Law -Attorney
Dear Friends,
I am late arrival in this discussion. Nevertheless many members have contributed in this discussion, I would like to add as under:
Complaint redressal under the POSH Act starts at complaint by AGGRIEVED WOMAN. Third party complaint has no place under POSH Act.
Prabhat ji has well described this subject of complaint under POSH. Only thing the word "can" in the statement - "any aggrieved woman can file a complaint..." is not appropriate.
The complaint by AGGRIEVED WOMAN should be specific and not vague. As per latest judgement of Delhi HC 472 reported in LLR May 2018, vague complaint under POSH Act is not tenable.
It is a duty of employer to provide safe working environment.
The company has to take cognisance of the complaint by third party as already stated by Nathrao ji. After the due investigation in the complaint by third party, the IC members / Company should convince the group of women to lodge a specific complaint to IC against specific persons with in 3 months time and proceed accordingly.
Hope that the queriest got answer to his / her both the questions from the discussions up till now in this subject.
From India, Mumbai
I am late arrival in this discussion. Nevertheless many members have contributed in this discussion, I would like to add as under:
Complaint redressal under the POSH Act starts at complaint by AGGRIEVED WOMAN. Third party complaint has no place under POSH Act.
Prabhat ji has well described this subject of complaint under POSH. Only thing the word "can" in the statement - "any aggrieved woman can file a complaint..." is not appropriate.
The complaint by AGGRIEVED WOMAN should be specific and not vague. As per latest judgement of Delhi HC 472 reported in LLR May 2018, vague complaint under POSH Act is not tenable.
It is a duty of employer to provide safe working environment.
The company has to take cognisance of the complaint by third party as already stated by Nathrao ji. After the due investigation in the complaint by third party, the IC members / Company should convince the group of women to lodge a specific complaint to IC against specific persons with in 3 months time and proceed accordingly.
Hope that the queriest got answer to his / her both the questions from the discussions up till now in this subject.
From India, Mumbai
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Sexual Harassment.pdf