Drafting Conciliation Report under the POSH Act

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. In our previous blog on Conciliation we explained the process of conciliation. This blog focuses on drafting a conciliation report under the POSH Act.

Drafting Conciliation Reports

The IC is required to document information about all the actions that have been taken during the conciliation process. They need to create comprehensive minutes of each meeting that is conducted in this regard. Overseeing a conciliation process becomes easier if IC members are trained to properly understand their roles and responsibilities during a conciliation.

In drafting the conciliation report, the following must be ensured:

• The conditions of the settlement have been clearly mentioned
• Each of the parties has read and consented to the settlement terms upon agreeing to the conclusion of the conciliation
• A report documenting the settlement details and recommendations has been drafted to be presented to the employers, pursuant to the settlement
• The report contains clear and comprehensive language that is easily understood by both parties (in vernacular, if required) and is binding in nature

Role of SHLC in Training IC Members to Draft Conciliation Reports

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. Since IC members need to record terms of settlement to conclude a conciliation, SHLC provides training to IC members on how to draft these reports and present them to each of the parties, as well as to the employer.

To book a demo training on how to handle report drafting for 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.