Section 10 of the Sexual Harassment of Women (Prevention, Prohibition, and Redressal) Act, 2013, discusses the conciliation process (POSH Act). This is the possibility of a resolution between the complainant and the respondent. Only when the complaint specifically requests it can the internal committee (IC) start a conciliation. The responder is unable to request that conciliation be started in this situation. It is possible to request conciliation prior to the investigation's start. Only when both the complainant and the respondent concur on the terms of the settlement is a conciliation under the POSH Act deemed successful.
It's crucial to keep in mind that the POSH Act forbids the complaint from asking for financial compensation as part of the settlement. The settlement may include demands for the respondent to submit a formal written apology, perform community service, or attend counselling, among other things. The Internal Committee (IC) has the authority to close the complaint and opt not to conduct a thorough investigation if the conciliation is successful and the parties reach mutual terms of settlement.
The IC supports the resolution of the mediation procedure once the complaint requests conciliation. The IC's only function is that of an impartial third party. No party may be persuaded to take part in the conciliation by the IC. They must ensure that all proceedings are conducted in a polite manner and that meetings are kept on schedule. Additionally, the IC must ensure that neither party is pressuring the other to agree to settlement terms they do not want.
Additionally, they must keep thorough minutes of each meeting they attend and must document every action they take. For a thorough understanding of their roles in conciliation, members of the IC must attend training sessions.
After both parties have agreed to the conciliation, the IC shall record the terms of settlement and confirm that both parties have read and agreed to them. The IC must also make sure that both the complainant and the respondent sign and deliver the conciliation conditions. The IC will publish a report outlining the terms of the settlement and making suggestions to employers in light of those terms. Employers are required to abide by these rules, and they must. A copy of the terms must be given to each party. The complaint cannot request an investigation once recommendations based on a conciliation procedure have been made.
The IC must document the failure if the conciliation is unsuccessful and the parties are unable to reach a mutually agreeable resolution. They must keep meticulous records of the meetings in order to demonstrate that conciliation was attempted and that both parties were unable to agree on settlement terms. If the conciliation is unsuccessful, the IC must certify that an investigation into the incident will be carried out.
It is crucial to make sure that no compulsion or pressure was used to enter into the settlement conditions. This reasoning is also reflected in Section 10 of the Act. To prevent pressuring the complainant to come to an agreement without their consent, the respondent is not permitted to ask for conciliation under Section 10. As a result, the IC's role becomes crucial because they must make sure that there are no conflicts during the sessions. As a result, to successfully complete the procedure, an experienced IC who comprehends the nuances of the conciliation process is needed.
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