Procedure After Filing Complain with ICC – The Sexual Harassment at Workplace Law,2013
This is the third post in the series. Read the first, second and third ones.
After a woman files the complain, the ICC can follow either of these alternatives –
The ICC may, at the request of the aggrieved woman give an opportunity to peacefully settle the matter through a conciliation process. If the conciliation is successful, it will result in a settlement agreement between the parties. The agreement generally specifies –
-> The perpetrator apologizes for his conduct towards the woman
-> Any legitimate monetary compensation – this can include reimbursements for any medical treatment or expenses, reasonable compensation for loss of work opportunity.
-> That the woman agrees to withdraw all legal proceedings with respect to the instances of harassment in question, reserving her right to initiate a fresh proceeding, in case the perpetrator continues to threat her in some way.
-> It may also specify the details pertaining to the future course of conduct between both the parties. For example whether they agree to interact and collaborate in future on a need basis, pointers on a manner of collaboration.
The settlement between the employee and the victim must be forwarded by the ICC to the employer and in-case of Local Complaints Committee to the District Officer.
-> If the conciliation is not feasible, the ICC will begin its enquiry into the matter. This inquiry must be completed in 90 days followed by a report recommending the action to be taken by the employer.
-> If the woman has requested an interim measure, on the recommendation of the ICC, the employer must grant it pending completion of its inquiry.
-> In an appropriate case, the ICC may suggest the woman to approach the police to file a FIR. The employer is required to provide all necessary support to the woman in this process.
Sources - http://wcd.nic.in/wcdact/womenactsex.pdf
