📝 Resolution Process

FILING OF A COMPLAINT

Section 9 of the PoSH Act 2013 outlines the procedure for filing and addressing complaints of sexual harassment in the workplace:

1. Filing a Complaint: The aggrieved woman must file a written complaint with either the Internal Committee (IC) or the Local Committee (LC) within three months of the incident, with an extension possible for valid reasons. Assistance should be provided if she is unable to file the complaint herself.

2. Contents of the Complaint: The complaint should include a chronology of events, descriptions of incidents, dates, times, locations, respondent’s name, and working relationship. Supporting documents and witness lists can be attached, with six copies submitted.

3. Acknowledgment of Complaint: The Committees must provide a written acknowledgment to the complainant upon receiving the complaint.

4. Review of Complaint: The Committees review the complaint to ensure it qualifies as sexual harassment and notify the respondent within seven days.

5. Notice to Respondent: The notice to the respondent should include the nature of allegations, chronological account of events, witnesses, accompanying documents, commitment to confidentiality, and avoiding retaliation.

6. Response from Respondent: The respondent has ten days to provide a written response to the complaint.

7. Committee’s Role: The Committees focus on gathering facts for a thorough analysis, ensuring the notice to the respondent is fair and non-accusatory.

8. Resolving the Complaint: The Committees interact with the complainant to explore informal and formal resolution options, explaining both processes and allowing the complainant to choose without influence. Regardless of the chosen method, comprehensive support is provided to the complainant.

RESOLUTION THROUGH CONCILIATION

Conciliation is one of the methods suggested by Sec 10 of the PoSH Act 2013 for resolving complaints of sexual harassment at the workplace. Here’s an overview of the conciliation process:

1. Initiation of Conciliation: Conciliation can only be initiated upon a written request from the aggrieved woman to the Internal Committee (IC) or the Local Committee (LC) before any formal inquiry begins.
2. Request by Aggrieved Woman: The respondent cannot initiate the conciliation process. Financial settlements are also not acceptable grounds for initiating conciliation.

3. Responsibility of IC: The IC is responsible for conveying the aggrieved woman’s willingness to resolve the matter through conciliation to the respondent. The IC facilitates the entire conciliation process.

4. Establishing Common Ground: The aim of conciliation is to establish a mutually agreeable understanding between the parties involved.

5. Formulation of Settlement: Once a common ground is reached, a comprehensive settlement is formulated and endorsed by both parties through signatures.

6. Distribution of Settlement: Copies of the settlement are provided to both the aggrieved woman and the respondent by the Internal Committee or the Local Committee.

7. Preclusion of Inquiry: Resolving a complaint via conciliation precludes any subsequent inquiry into the same matter.

8. Recording Settlement Terms: The IC or LC maintains a recorded account of the settled terms and forwards it to the employer or District Officer for further action as per recommendations.

9. Voluntary Choice: Neither the Internal Committee/Local Committee nor the respondent can coerce the aggrieved woman into opting for conciliation to resolve the case.

RESOLUTION THROUGH INQUIRY

Section 11 of the Act outlines the process of initiating an inquiry in response to a complaint of sexual harassment. Here are the key points:

1. Initiation of Inquiry: An aggrieved woman may seek an inquiry when she chooses not to seek conciliation, when agreement on settlement terms isn’t reached, or when settlement terms are not followed.

2. Committee Responsibility: Either the Internal Committee or the Local Committee must initiate the inquiry if requested by the aggrieved woman.

3. Composition of Committee: During the inquiry, at least three members of the Committee, including the Presiding Officer or Chairperson, should be present.

4. Principles of Natural Justice: Committees must follow the principles of natural justice, meaning no one is considered guilty until proven.
5. Powers of the Committees: Committees have powers similar to a civil court, including calling individuals to answer questions under oath, requesting documents, and addressing other relevant matters.

6. Conduct of Inquiry: Committees can question parties and witnesses, allow parties to question each other, request additional information or evidence, assess all evidence, and provide interim relief to the complainant if deemed suitable.

7. Timelines: Committees must set specific timelines to ensure the inquiry is completed within 90 days from when the complaint was filed.

8. Representation: Neither party can bring a lawyer to represent them during the proceedings before the Complaints Committee.

9. Decision in Absence: The Committee has the authority to end the inquiry or give a decision based on one side’s information if a party fails to show up for three consecutive hearings without a valid reason. However, written notice must be given fifteen days before taking such action.

OUTCOMES & RECOMMENDATIONS

Following the completion of an inquiry into a sexual harassment complaint, diverse outcomes may arise, along with corresponding recommendations outlined in Section 13 of the Act:

1. Charges Are True: If allegations are proven, the IC/LC may recommend appropriate action such as disciplinary measures, counseling, termination, written apology, compensation, or withholding of pay/promotion.

2. Charges Are Dismissed: If allegations are not substantiated, no further action is recommended.

3. Charges Are Inconclusive: If evidence is insufficient, the IC/LC may advise creating a gender-friendly workplace environment and implementing corrective measures.

4. Charges Are Malicious: If allegations are proven false, appropriate measures should be taken against the aggrieved woman and any witnesses involved in fabricating accusations.

Before recommending actions, Committees must assess each charge based on severity, past behavior, mitigating factors, human rights violations, policy breaches, potential outcomes, and financial impact.

Recommendations must be made within 10 days of completing the inquiry, documented in an inquiry report, and submitted to the employer or District Officer. The severity of actions taken should align with the nature of findings to ensure justice.

Employers or District Officers must implement recommendations within 60 days, and both parties have the right to appeal within 90 days of implementation.

STEPS A WOMAN WHO HAS EXPERIENCED SEXUAL HARASSMENT AT THE WORKPLACE CAN TAKE

Here are the necessary steps that a woman who has experienced sexual harassment at the workplace can take:

1. Confide in someone: Share the incident with a trusted friend, family member, or colleague to break the silence and seek support.

2. Maintain documentation: Keep a detailed record of each incident, including dates, times, locations, and any witnesses present.
3. Know your company’s policy: Familiarize yourself with your company’s sexual harassment policy to understand the procedures effectively.

4. Contact the Committees: Reach out to your company’s Internal Committee or Local Committee to discuss the situation and understand the process ahead.

5. Consider legal action: File a police complaint against the respondent with the assistance of the Committees if desired.

6. Seek support: Seek counselling or join support groups to take care of your physical and emotional well-being.

7. Confidentiality and non-retaliation: Know that your complaint should be treated confidentially, and you should not face retaliation for reporting harassment.

8. Attend training programs: Participate in training programs organized by your organization to understand your rights and protections under the POSH Act.

9. Cooperate in the investigation: Provide relevant evidence and cooperate in the investigation process.

10. Avoid self-blame: Recognize that the harassment was not your fault and refrain from blaming yourself for the incident.