POSH Act Section 12 — Action during pendency of inquiry
CHAPTER V INQUIRY INTO COMPLAINT
Service / Employment
Summary
Sub-section (1) states that while an inquiry into a complaint is pending, the Internal Committee or the local Committee may, if the aggrieved woman makes a written request, recommend to the employer to take one of the following actions: (a) transfer the aggrieved woman or the respondent to any other workplace; or (b) grant leave to the aggrieved woman for up to three months; or (c) grant any other relief to the aggrieved woman that may be prescribed.
Sub-section (2) clarifies that any leave granted to the aggrieved woman under this section is in addition to any other leave she would otherwise be entitled to.
Sub-section (3) states that when the Internal Committee or the local Committee makes a recommendation under sub-section (1), the employer must implement that recommendation and send a report of the implementation back to the committee that made the recommendation.
Official Text
(1) During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to—
(a) transfer the aggrieved woman or the respondent to any other workplace; or
(b) grant leave to the aggrieved woman up to a period of three months; or
(c) grant such other relief to the aggrieved woman a may be prescribed.
(2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.
(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.
