PoSH ICC Certification Programme V11

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This online course content on ‘Prevention of Sexual Harassment

(PoSH) at Workplace’ is designed and laid out exclusively for

academic purposes only. The information and documents

included herein have been sourced from various sources and

Atyaasaa Consulting Foundation does not confirm the

authenticity of the same.

The views and opinions expressed herein have pure academic

value and the same may not be used for any legal purpose in

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Foundation is not a replacement of a formal legal firm .

CERTIFICATION PROGRAMME FOR ICC MEMBERS

on

PREVENTION OF SEXUAL HARASSMENT

PROHIBITION AND REDRESSAL

PREVENTION OF SEXUAL HARASSMENT

prohibition and redressal

Introduction to the certification programme

Course designers

Preface and course benefits

Programme outline

What are we going to learn?

Synopsis of the Act

Key takeaways

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THE TEAM

Facilitators

Niket Karajagi - Founder Director

Rushikesh Rajendra - CEO

Research contributors

Meekita Pujari - Sr. Consultant, OD

Gargee Khamkar - Consultant

PREFACE – COURSE BENEFITS

Makes you aware of The Sexual Harassment of Women at

Workplace (prevention, prohibition and redressal) Act 2013

Helps you understand the meaning of sexual harassment

and related aspects for its prevention

Makes you study the case laws with varied perspectives

Provides frequently asked questions and their answers

Provides with the substantive reading material online

Audio visual learning for better retention

Enables you to become adept on PoSH matters in order to

become an ICC member in your organization

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PROGRAMME OUTLINE

Behavioural dimensions of sexual harassment

Sexual harassment awareness programme

ICC constitution, composition and other details

ICC proceedings and closure report

Case laws and case studies

Webinar based Q and A

Evaluation and certification

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WHAT ARE WE GOING TO LEARN?

Behavioural dimensions of sexual harassment

Internal Complaints Committee (ICC) its constitution,

composition, role and scope

How to raise a complaint and inquiry process

ICC proceedings, closure report and recommendations

Relief and punishment

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TYPES OF COMMITTEES

Internal Complaints

Committee (ICC)

Local Complaints

Committee (LCC)

INTERNAL COMPLAINTS COMMITTEE (ICC)

Constitution

Members to be nominated

Total 03/05/07 members

Presiding Officer to be a senior women officer of the

organization

One member from a NGO or social organization

50% of members to be women only

Tenure is three years

LOCAL COMPLAINTS COMMITTEE (LCC)

Constitution

Committee composition, tenure and rules

Total members 05/07/11/13

Chairperson and one member to be nominated from

amongst the women working in block or tehsil or ward or

municipality

One member from a NGO or social organization

50% of members to be women only

Tenure is three years

COMPLAINT PROCESSING

Who?

Any aggrieved women in an organization

How?

Only in writing

To whom?

ICC or LCC (as applicable)

Period?

Within three months from date of incident

COMPLAINT PROCESSING

If not

 Committee may extend the time limit

within time

for further period of three months

 Extension only if satisfied with the

reason of delay in filing of complaint

Unable to

 Nominated representative

complain

 Legal heir

 National or state commission for

women

 Prescribed person

COMPLAINT PROCESSING

Inquiry to be completed in ninety days

Period?

Report within ten days of inquiry

completion

Who?

ICC or LCC

To whom?

Report to the employer/district officer

 To take actions for sexual harassment

If found

commensurate with the gravity of

guilty?

offence

 Penal action as prescribed

PROCEDURE FOR HOLDING AN INQUIRY BY ICC

Receipt and registration of the complaint

1

Recording the statement of the complainant and

2

her witnesses

Receipt of the material and other evidences, if

3

any

Issue of notice to the respondent together with

4

the extract of the complainant’s complaint

Recording of the statement of the respondent

5

PROCEDURE FOR HOLDING AN INQUIRY BY ICC

Recording of statement of his witnesses, if any

6

Receipt of the material and other evidences from

7

the Respondent, if any

Signatures of complainant and respondent to be

8

on each page of inquiry proceedings

Presiding Officer and members to append their

9

signatures

10

Analysis of evidences from both sides

PROCEDURE FOR HOLDING AN INQUIRY BY ICC

ICC have powers to cross check for clarification

11

Conclusion and draft report

12

Final closure report post discussions in the ICC

13

and sharing of the same with the complainant

and the respondent

Both to state “received” at the last page of the

14

closure report

ICC to submit the closure report to the employer

15

with a statement of recommendation

PoSH PROCEEDINGS conciliation

Request by

Complaint

Preliminary inquiry

complainant for

reconciliation

 Closure

 Non monetary

report

 No further

 Inform

inquiry

Employer/

Both agree for

 Signature of

District

reconciliation

both

Officer

Case closed

PoSH PROCEEDINGS inquiry

Complaint

Preliminary inquiry

No request by

complainant for

reconciliation

Additional

Draft closure

Cross

 Statement of

written

report

examination

complainant

say; if any

 Statement of

respondent

Closure report to

Draft closure

 Evidence and

management

report

witnesses

with separate

discussion and

 Analysis

Implement

statement of

finalization

report

Case closed

recommendation

TIMELINES

Written complaints six copies along with supporting

documents and names and addresses of witnesses have to

be filed within three months of the date of the incident.

Upon receipt of the complaint, one copy of the complaint

or its extract to be sent to the respondent within seven

days. The Inquiry has to be completed within total period of

ninety days from the receipt of the complaint.

The inquiry report has to be submitted within ten days

from the date of completion of inquiry.

Decision on recommendations of ICC by the management

within sixty days from the date of submission by the ICC.

APPEAL

The appeal under sub-section (1) shall be preferred

within a period of ninety days of the

recommendations

Cognizance of offence

 No court or committee shall take cognizance

 Every offence under this Act shall be non-

cognizable

Penalty

INR fifty thousand rupees if

 The employer fails to comply with the Act

 Termination of license

 False evidence or complaints are punishable

KEY TAKEAWAYS understand

Action to be taken after case of sexual harassment is

reported

Support to the aggrieved woman

Role of ICC / LCC

Procedure of ICC inquiry, proceedings and punishment

Appeal and penalty

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NEXT STEP

Read actual Act (snippet)

Read actual Act (complete)

Read Case laws (brief )

Read Case law (complete)

Frequently asked questions (FAQs)

Apply for certification (optional and paid)

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