how to be legally complaint of the act
TRANSCRIPT
HOW TO BE LEGALLY COMPLAINT OF THE ACT?
BY
Dr. ADITI KAUSHAL ( Ph.D in LAW)
ADVOCATE & AUDIT CONSULTANT
KLA MANAGEMENT CONSULTANTS PVT. LTD
MIND-SET: TO BE COMPLIANT
BY WHOM
WHEN
WHAT / FOR WHAT
COMPLIANCE IN REFERENCE TO
• Prevention
• Prohibition
• Redressal
In regard to harassment which is sexual
harassment and takes place at
workplace
FAQ
• DIFFERENCE BETWEEN SEXUAL HARASSMENT AND SEX BASED DISCRIMINATION
• ROLE OF LEGAL MANAGER/ HR MANAGER/ADMIN MANAGER
• PERSONNEL INTEREST AND INTEREST OF MEMBERS OF COMMITTEE
• AGGRIEVED NOT SATIFIED WITH THE CONSTITUTION OF COMMITTEE
• LEGALITY OF PROCEEDING
• POSITION IN CASE OF NO FEMALE EMPLOYEES
• FINALITY OF REPORT
STATUTORY PROCEDURAL OR DEEMED
COMPLIANCES
6
COMPLIANCES
• RETURNS
• DISPLAYS
• SUBMISSION OF REPORT WITHIN 10 DAYS AFTER COMPLETION OF ENQUIRY
• INTIMATIONS AS TO ACTIONS TAKEN BY THE MANAGEMENT
• & MANY MORE
STATUTORY
• WORKSHOP
• AWARNESS OF MEMBERS ICC
• INVESTIGATION BY ICC
• ACTIONS IN REGARD TO SAFETY BE TAKEN BY ICC
• & MANY MORE
PROCEDURAL
COMPLIANCE BY WHOM
COMPLIANCS BY WHOM
EMPLOYER
AGGRIEVED EMPLOYEE
DEEMED PERPETRATOR
ICC COMMITTEE
COMMITTEE MEMBER
HR MANAGER
Co
mp
lia
nc
e b
y a
n e
mp
loy
er
Constitution of Committee
Draft policy /charter/ resolution
Display & Declare names and contact details of all members of the ICC.
Treat sexual harassment a wrong in service rule
Organise workshops for employees
Re-sensitization of the members of committee on regular basis
Create Forum for dialogue & discussion
Provide Support & Assistance in case of requirements to ICC
Take Action within 60 days of submission of report
Intimate District Officer about the action Taken
Submission of Annual Report
COMPLIANCE BY ICCConduct Awareness session
Create mediums of dialogues & discussion
To decide whether the complaint is Sexual Harassment or Sex based Discrimination?
Conduct Enquiry within 90 days
Facilitate the AggrievedRecord statements of the parties and get
each page signed of the proceeding
Submission of Report within 10 days of completion of enquiry
Equal Opportunity to all the parties to the complaint
Order Transfer or Suspend perpetrator or the Aggrieved
Submission of Annual report to the Government Sec 21
Report to be provided to the parties if asked for by parties
COMPLIANCE BY BOARD OF DIRECTORS: UNDER COMPANIES ACT
• Submission of “Responsibility Statement” as part of the Board’s
Report (on an annual basis): Under Section 134(5)(f)
• Declaration by Directors: division of proper systems to ensure
compliance: Provision of adequate and operating effectively
• Directors to declare company is compliant with the Act.
PENALTY UNDER COMPANIES ACT
• Fine which shall not be less than 50,000/- TO 25 Lakhs
• Defaulter punishable with imprisonment for a term which
may extend to 3 years
• or with both
COMPLIANCE BY PRESIDING OFFICER & COMMITTEE MEMBERS
• To conduct meetings on regular basis
• Conduct awareness sessions
• Maintain confidentiality
• Provide evidences available with them in regard to floor
• External Members to look into matter of biasness
COMPLIANCE BY AGGRIEVED
• START LEARNING TO STATE A “NO”
• COMPLAINT IN WRITING,
• WITHIN 3MONTHS OF INCIDENT : THEREAFTER DISCRETION WITH ICC
• INFORM IN CASE OF INSECURITY TO ICC
• IF NOT CONVIENIENT TO GIVE STATEMENT IN FRONT OF MALE ICC MEMBERS: USE OF HER RIGHT
• ALL SPECIFIC INFORMATION TO THE ICC
• SUBMIT THE LIST OF WITNESSES
DEEMED PERPETRATORS
• To be present before ICC on Issuance of summon
• To reply within 14 days of received complaint
• Submission of evidences and list of witnesses if any
• To abide by the orders of ICC
COMPLIANCE BY HR-MANAGER
• Role of HR-Manager: Limited
• Just a Co-Ordinator: Provide assistance
• Not compulsory to be part of member of committee
• If received complaint :forward to ICC presiding officer or committee members
• Assistance in attendance of parties
• Assistance in arrangement of conducting proceeding
• Maintain confidentiality
• Avail documents in pretest to complaint
IMPACT FOR NON-COMPLIANCES
• VIOLATIONS RELATED TO• CONSTITUTION OF ICC
• ENQUIRY REPORT FAILURE TO ACT; FALSE COMPLAINT FAILURE TO ACT & FAILURE TO SUBMIT ANNUAL RETURN WITH DATA
• CONTRAVENE ANY OTHER PROVISION OF THE ACT
• FIRST FINE Rs. 50,000/-
• SECOND FINE Rs.1,00,000/-
• THIRD FINE IMPRISONMENT MAX TO 3YR OR FINE
• CANCELLATION OF LICENSE
IMPACT FOR REPEATED NON-COMPLIANCES
• REPEATED OFFENCE• TWICE THE PENALITY PREVIOUSLY IMPOSED
• HIGHER PUNISHMENT PRESRCIBED UNDER OTHER LAW THE SAID PUNISHMENT
• CANCELLATION OF LICENSES NON-RENEWABLE OF APPROVALSRESRICT TO CARRY ON THE BUSINESS
ICC PROCEEDINGS TO BE CONDUCTED UNDER PREVIEW LAWS
• Role & Types of Evidences• Documentary evidence: may be pictures
documents, electronic records
• Corroborative Evidence or circumstantial
• Primary;Secondary,Hearsey; Real
• Judicial; Non judicial evidence
• Direct or Indirect Evidence
• Burden of Proof• Burden of Proving an issue.
• Burden of Proving a particular fact