INQUIRY PROCESS
1. Upon receiving a complaint, the ICC shall: Provide a copy of the complaint to the respondent within seven working days.
Initiate an inquiry within ten working days of receiving the respondent’s reply.
2. Inquiry Timeline: In alignment with the Prevention of Sexual Harassment (POSH) Act guidelines, the entire investigation process is time-bound and follows a structured approach. The preliminary inquiry is completed within 90 days, with regular updates provided to all concerned parties while maintaining strict confidentiality.
During the enquiry process, the Complainant and the Respondent shall refrain from any threat, intimidation or influencing of Witnesses.
3. Recommendations by ICC: Upon completion of the investigation, a comprehensive report is prepared, detailing findings, evidence analysis, and recommended actions. The recommendations may range from counseling and warning measures to more severe disciplinary actions, including potential termination, depending on the severity and substantiation of the complaint. Submit the report within 10 days after completing the inquiry. Employer must act on recommendations within 60 days of receiving the report.
4. Disciplinary Actions and Organizational Response: Implementing disciplinary measures represents a critical juncture in addressing workplace harassment, reflecting the organization's commitment to maintaining a safe, respectful, and professional work environment.
The disciplinary framework is not merely a punitive mechanism, but a comprehensive approach to addressing misconduct, protecting employee rights, and reinforcing organizational values of dignity, respect, and professional conduct. These actions are carefully calibrated to ensure proportionality, fairness, and alignment with legal provisions, while simultaneously serving as a deterrent and an opportunity for organizational learning and cultural transformation.
If the allegation is proven, the ICC may recommend disciplinary action, including:
Actions for Proven Allegations:
- Written warning or reprimand.
- Suspension from duty without pay.
- Termination of employment.
- Deduction of salary or monetary penalties.
Actions for Non-Cooperation: Employees refusing to cooperate in the inquiry may face disciplinary measures, including suspension or dismissal.
Repeated Offenses:
- Additional penalties may be imposed for repeated or severe violations, such as:
- Reduction in rank or responsibilities.
- Ineligibility for promotions or bonuses.
- Termination of employment.
Committee Meetings and Reporting Requirements Under the POSH Act:
The Prevention of Sexual Harassment (POSH) Act mandates a structured approach to conducting ICC committee meetings and filing reports, ensuring comprehensive oversight and accountability in addressing sexual/workplace harassment.
Quarterly Review Meetings:
- Mandatory quarterly ICC committee meetings
- Comprehensive review of ongoing and resolved cases
- Assessment of organizational compliance
- Analysis of prevention strategies
- Documentation of systemic challenges
Statutory Compliance Meetings:
- Sensitization meetings must be conducted at least once every quarter with mandatory attendance for all employees to ensure awareness and compliance
- Review of existing harassment prevention policies
- Update of investigation protocols
- Skill enhancement for ICC members
- Legal and procedural compliance assessment
- Mandatory annual training
Annual Reporting Requirements:
- Annual report preparation by 31st December of each calendar year
- Detailed documentation of all complaints received
- Comprehensive analysis of investigation outcomes
- Recommendations for organizational improvement
- Submission to the local district officer and management
- Maintain confidentiality of individual identities