The Wheels of Justice Turn Slowly: Part 1 – Conciliation

We are ready to help you. Request a free consult.  Email Us : [email protected]  Call Us : +91 9029000180    LOGIN Get T o Know Us  Our Offerings  Surveys  Resources  Contact Us POS H The Wheels of Justice Turn Slowly: Part 1 – Conciliation October 5, 2021 PREVIOUS ARTICLE  About the author Categories Sumali Nagarajan PoSH (44)  Author Diversity, Equity and Inclusion (17) Anti-Bribery and Anti-Corruption (4) Others (1) Recent Posts NEXT ARTICLE Two Experts Meet to Demystify the PoSH Act, 2013 The COVID Warrior With A 'Lathi' in Hand - 3 Short Stories The wheels of justice turn slowly but surely. Such is the faith of lawyers and litigators. But it is only on Gender Sensitization prudent for the involved parties in a legal case to be aware of the mechanism of law and prod it along if required.  February 8, 2022 Two experts met in a virtual webinar and discussed the PoSH Act, 2013, at the workplace to enable this PoSH Internal Committee awareness. They argued their points brilliantly and managed to demystify the PoSH Law for us all. I had Annual Report Filing is the privilege of attending this live webinar at Rainmaker Training Solutions back in the day. Cumbersome & Deadlines are Obscure February 2, 2022 Inquiry Process Under the PoSH Law The Wheels of Justice Turn Slowly: Part 3 - After penning an article Expert’s Advice for Complainants of Sexual Harassment*, and another Documentation during inquiry and sharing sensitive Expert’s Advice for Respondents of Sexual Harassment Complaint, now it was time for me to gather information in social media the insights of both the experts to shed light on some lesser-known aspects of the Inquiry process January 3, 2022 under the Law, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) AAcbto, 2u0t13R&aRinulmesa20k1e3r(PoSH Act/PoSH Law). I wish to pass on valuQaubilcekadLvinickesto people who might onGeet In Touch day find themselves or their friends/colleagues embroiled in a case of Sexual Harassment in the wWoerkaprelapcaes. sionate about helping corporates create ethical and Get To Know Us Email :- [email protected] compliant workplaces. Our mission is to develop engaging and Products & Offerings Phone :- +91 9029000180 Our Clients Address :- 404, Niranjan, 99 Marine Drive, Marine The Expert Panelistsinteractive training modules to transform boring compliance Cont act Lines West, training into an engaging and interesting learning experience. In this webinar organized by Rainmaker Training and hosted by ALnotgoinny Alex, Founder and CEO, the twMoumbai 400 002  experts are Ms Veena Gowda and Mr Trideep Pais. Ms Veena is oPnreivoafctyhPeolelicayding women’s rights lawyers who has been practising in various prestigious courts for two decades. Mr Trideep is a Senior     Advocate in Delhi High Court and has been litigating for over twenty years in criminal and civil law,

incluWdeinagrecreaasdeystoohfeslpeyxouua. Rl eoqfufeesntcaefrse.eHceonhsualst. representeEdmabiol Utsh: [email protected] RespondenCtasll Uinsc: +a9s1e9s029000180    LOGIN related to the Sexual Harassment Act at workplace.  Critical Aspects of the WebinarGet To Know Us  Our Offerings  Surveys  Resources  Contact Us What is Conciliation? Is it informal? Is Conciliation only the Right of the Complainant, or can the Respondent have a say in it? Conciliation, also called Settlement by some experts, is very much part of the PoSH Act (Sec 10) and hence a formal process. It should not be called or treated as informal lest it should take away the legitimacy of this provision. The PoSH Internal Committee must inform the Complainant about this provision. Not only that, the Internal Committee mediates this entire process and makes sure the Complainant is not under duress to accept it. The PoSH Law does not allow any monetary settlement, as this could lead to the possibility of the Complainant being coerced.  As per the PoSH Act, it is the Right of the Complainant to request for Conciliation in case she does not want a full-blown inquiry. Similarly, Respondent has the right to accept or reject the Conciliation request without giving his reasons why. However, it would be advisable for both parties to come clean with the PoSH Committee Members about their apprehensions, if any, to address these concerns.  Once Complainant has made her request in writing with Terms & Conditions, if any, it is the Respondent’s choice to agree or not. Hence, Respondent has a say in the Conciliation too. He can have his own T&C also. The PoSH Committee Members will also see to it that the terms are feasible for the organization. After mediation with the help of the PoSH Committee Members, once both parties have agreed to each other’s T&C, the Committee must share the Conciliation document with both parties to put their signatures on and authenticate it. This document is binding on both parties, not just the Respondent. The Internal Committee must also submit a copy of the document to the Employer to take action on the PoSH Committee Members’ Recommendations.  Rainmaker Training Tip: If the Complainant does not opt for Conciliation or Respondent does not accept it, the PoSH Committee Members should take it in writing from both parties as good hygiene. PREVIOUS ARTICLE  —————–To be continued————— NEXT ARTICLE * For Expert’s Advice for Complainants of Sexual Harassment, and Expert’s Advice for Respondents of Sexual Harassment Complaint, go to Rainmaker – Online Training Company To watch the Conciliation Process video, click here Videos – Rainmaker  For PoSH training for employees, check out our PoSH e-module, WorkSafe DELTA trailer today. ht t ps://www.yout ube.com/wat ch? v=3cVxAP Kk GQ4 posh act 2013 posh committee members posh act posh posh awareness training posh external members posh policy posh external member posh law posh solutions About Rainmaker Quick Links Get In Touch We are passionate about helping corporates create ethical and Get To Know Us Email :- [email protected] compliant workplaces. Our mission is to develop engaging and Products & Offerings Phone :- +91 9029000180 interactive training modules to transform boring compliance Our Clients Address :- 404, Niranjan, 99 Marine Drive, Marine training into an engaging and interesting learning experience. Cont act Lines West, Login Mumbai 400 002 Privacy Policy  

We are ready to help you. Request a free consult.  Email Us : [email protected]  Call Us : +91 9029000180    LOGIN Get T o Know Us  Our Offerings  Surveys  Resources  Contact Us PREVIOUS ARTICLE NEXT ARTICLE About Rainmaker Quick Links Get In Touch We are passionate about helping corporates create ethical and Get To Know Us Email :- [email protected] compliant workplaces. Our mission is to develop engaging and Products & Offerings Phone :- +91 9029000180 interactive training modules to transform boring compliance Our Clients Address :- 404, Niranjan, 99 Marine Drive, Marine training into an engaging and interesting learning experience. Cont act Lines West, Login Mumbai 400 002 Privacy Policy  