Conciliation under the POSH Act

Picture this – a senior male employee tries to make a sexual advance at a female employee inside an office’s conference room, well out of reach of other employees. The female employee becomes uncomfortable and requests that the male employee take a step back. He doesn’t listen and continues to make an advance verbally. She quickly gathers her things and leaves. This continues for a few more days after which she tells the male senior that if he doesn’t stop being persistent, she will approach the company’s Internal Committee to report the behaviour. However, she is confused as to how to report the case, and to what extent should the IC intervene to solve it. She approaches the IC to understand her rights, and find out about the informal redressal under the law.

The process of conciliation is defined under Section 10 of the POSH Act. Conciliation, as the term suggests, is the possibility of two parties arriving at a settlement. Reporting an inappropriate sexual behaviour under the POSH Act can be done via written complaint seeking redressal through conciliation if the complainant so wishes. Briefly put, conciliation is one of the recourses to settling a complaint made on the grounds of sexual harassment at the workplace, when both parties agree to arrive at a settlement voluntarily.

Here’s a quick understanding of conciliation proceedings under the POSH Act:

Who can conduct?	Internal Committee (IC)
Who can initiate?	Complainant
When can it be initiated?	The Complainant chooses whether they want conciliation or inquiry
When is it complete?	Complainant and respondent both agree to the terms of settlement
What are the penalties involved?	Apology, counselling, social or community service hours

The IC’s role here is to ensure complainants become aware of their rights upon filing a sexual harassment complaint, and to help them understand that if both parties so wish, the matter can be voluntarily settled with the help of a conciliation proceeding instead of an investigation.

The law envisages a situation where conciliation may not result in a settlement between the two parties and hence in the event the parties are unable to arrive at a settlement via the conciliation, the matter can be referred to inquiry by the committee.

In terms of the proceedings, the IC acts as a neutral party to the conciliation process. While conciliation proceedings are ongoing, the IC needs to:

• Maintain decorum during the meeting
• Follow principles of natural justice
• Avoid influencing either party to arrive at a particular outcome (no duress or coercion)
• Ensure no party pressurises the other to reach a favourable outcome
• Document the process
• Record the final settlement terms
• Ensure both parties have agreed to and signed the terms of the settlement

Elements of Conciliation

In addition to understanding the various elements of a conciliation, it is important to also understand the process of handling complaints. In terms of complaint handling, the IC is required to adhere to the following:

1. Take cognizance of the nature of the complaint
2. Conclude whether the matter can be resolved through conciliation or if it requires a proper investigation
3. Undertake the conciliation process
4. Record the terms of settlement
5. Either close the proceedings, or proceed towards an investigation upon failure of conciliation

Role of SHLC in Training IC Members

The POSH Act has some room for interpretation and allows complainants to decide whether they want to conclude a case via conciliation instead of undertaking a full-fledged investigation. However, to fully be aware of one’s rights, or to have a matter presided over neutrally, individuals look to their IC members for support. This makes it imperative for IC members to undergo regular training so that they are completely aware of their roles and responsibilities in a conciliation, or otherwise.

SHLC provides training to help IC members refresh their knowledge and build awareness on how to carry out conciliation proceedings.

To book a demo training on how to conduct conciliation proceedings, get in touch with SHLC today. Reach us at contact@shlc.in

 

Do you have a POSH query that you need help with? Reach out to us on contact@shlc.in and our team will assist you.

Note – This article is not a substitute for legal advice or consultation with a lawyer, who will be in a better position to advise you with respect to the facts and circumstances of your case, but merely a tool to help the reader better understand laws relating to prevention of sexual harassment at the workplace.