POLICY ON PREVENTION OF SEXUAL HARASSMENT (POSH)

INTRODUCTION:

This POSH Policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and rules framed there under (hereinafter “the Act”).

Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.

The Company is committed to providing a place of work that is free from sexual harassment and all forms of intimidation or exploitation. The company shall provide healthy working environment that enables employees to work without fear of prejudice, gender bias, sexual harassment and all forms of intimidation or exploitation. The Company believes that all stakeholders, irrespective of their gender, have the right to be treated with dignity.

All employees are expected to uphold the highest standards of ethical conduct at the workplace and in all their interactions with business stakeholders. This means that employees have a responsibility to:

• Treat each other with dignity and respect.
• Follow the law in letter and spirit.
• Refrain from any unwelcome behavior that has sexual connotation (of sexual nature).
• Refrain from creating hostile atmosphere at workplace via sexual harassment.

Report sexual harassment experienced and/or witnessed to appropriate authorities and abide by the complaint handling procedure of the company.

OBJECTIVES: 

To set forth the expectations of conduct and mutual respect at the workplace with regard to prevention of sexual harassment and the process of inquiry and complaint redressal if these expectations are not met or are violated.

• To clearly establish that Company is committed to creating a work environment free from all forms of discrimination and conduct which can be considered harassing, coercive, or disruptive, including sexual harassment.
• To identify a workable definition of sexual harassment in the workplace, explain the process of complaint if sexual harassment occurs and emphasize that anyone engaging in harassing conduct will be subject to disciplinary action ranging from a warning to termination of service or legal action.
• To outline the duties, responsibilities and rights of various stakeholders involved in the process.

SCOPE: 

This guideline takes complete cognizance of the latest legislation by the Government of India “The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 and its rules notification published. The said Act is to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for the matters connected herewith or incidental thereto. This POSH Policy is applicable to:

• All employees of the Company, as well as
• All temporary employees, contract employees, trainees, service providers and visitors to the office/workplace premises.

DEFINITIONS: 

Aggrieved Women: In relation to workplace, a woman, of any age, whether employed or not alleges to have been subjected to any act of   sexual harassment at workplace.

Complainant:Any aggrieved woman who makes complaint alleging sexual harassment under this policy.

Respondent: A person against whom the aggrieved party has made the complaint.

Employee: A person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a coworker, a contract worker, probationer, trainee, apprentice or called by any other such name.

Company: Any person responsible for the management, supervision and control of the workplace and the person discharging contractual obligations with respect to his/her employees.

District Officer: Officer designated by the Government to exercise power or discharge functions under the Sexual Harassment of Women at Workplace Act 2013.

Workplace: In addition to the place of work, it extends to any place visited by the employee arising out of or during the course of employment and includes transportation provided by the employer for undertaking such journey.

Sexual Harassment: The following behavior is considered inappropriate within the Company’s working environment and is liable for disciplinary action and legal action if necessary:

Unwelcome sexual advances involving verbal, non-verbal or physical conduct, implicit or explicit;

• Physical contact and advances;
• Demand or request for sexual favors;
• Sexually colored remarks, including but not limited to vulgar/ indecent jokes, letters, phone calls, text messages, e-mails, gestures, etc.;
• Showing pornography or the likes;
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
• Physical contact and advances such as touching, stalking, sounds which have explicit and/or implicit sexual connotation/ overtones, molestation, etc.;
• Display of pictures, signs, etc. with sexual nature/ connotation/overtones in the work area and work-related areas;
• Verbal or non-verbal communication which offends the individual’s sensibilities and affect her/his performance and has sexual connotation/ overtone/ nature;
• Teasing, innuendos and taunts, physical confinement and/or touching against one’s will and likely to intrude upon one’s privacy.

The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:

1. Implied or explicit promise of preferential treatment in the employment.
2. Implied or explicit threat or detrimental treatment in the employment.

• Implied or explicit threat about the present or future employment status.

1. Interference with the work or creating an intimidating or offensive or hostile work environment.
2. Humiliating treatment likely to affect health or safety.

An alleged act of Sexual Harassment committed during or outside of office hours falls under the purview of this policy

REDRESSAL MECHANISM 

In compliance with the Act, any complaint under this policy shall be followed by a formal redressal mechanism as described in this Policy.

1. Internal Complaints Committee (Henceforth known as ‘Committee’):

• To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same, Internal Complaints Committees (ICC) has been appointed for all administrative units / offices of the company. The detail of the Committee is notified to all covered persons at the location (workplace). The Committee at each location comprises of:

1. Presiding Officer: A woman employed at a senior level in the organization or workplace
2. At least 2 members from amongst employees committed to the cause of women or who have had experience of social work or have legal knowledge.

• One External Member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment

1. At least one half of the total members nominated being women.

• The Committee will be responsible for:

1. Receiving complaints of sexual harassment at the workplace
2. Initiating and conducting inquiry as per the established procedure
3. Submitting findings and recommendations of inquiries
4. Coordinating with the employer in implementing appropriate action
5. Maintaining strict confidentiality throughout the process as per established guidelines
6. Submitting annual reports in the prescribed format

 

Lodging a Complaint:

• An aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Complaints Committee within a period of 3 months from the date of incident/ last incident.
• The Internal Complaints Committee can extend the timeline by another 3 months for reasons recorded in writing, if satisfied that these reasons prevented the lodging of the complaint within the period.

Provided that where such a complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Complaint Committee shall render all reasonable assistance to the women for making the complaint in writing.

• If the Aggrieved Woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by:

1. her relative or friend; or
2. her co-worker; or
3. an officer of the National Commission for Women or State Women’s Commission; or
4. any person who has knowledge of the incident, with the written consent of the Aggrieved Woman

• If the Aggrieved Woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by:

1. her relative or friend; or
2. a special educator; or
3. a qualified psychiatrist or psychologist; or
4. the guardian or authority under whose care she is receiving treatment or care; or
5. any person who has knowledge of the incident jointly with the Aggrieved Woman’s relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care

• If the Aggrieved Woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent.
• If the Aggrieved Woman is deceased, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.
• The complaint shall be submitted by the complainant to the IC in writing or shall be submitted to the ICC electronically at hr@pentagonindia.net . The complaint can also be physically submitted to any ICC member.

Receiving a Complaint (Guidelines):

Dealing with incidents of harassment is not like any other type of dispute. Complainants may be embarrassed and distressed and it requires tact and discretion while receiving the complaint.

The following points are to be kept in mind by the receiver of the complaint:

• Complaints are listened to and the complainant informed that the Company takes the concerns seriously. Complainant is informed that these concerns will be reported to the appropriate committee and follow up will be done speedily.
• Situations are not be pre-judged. Written notes are to be taken while listening to the person. When taking notes, complainants’ own words, where possible, are to be used accurately. Clear description of the incident in simple and direct term is prepared and details are confirmed with the complainant.
• All notes are kept strictly confidential. Complainant’s agreement is taken to allow proceeding with the matter, which involves a formal investigation.
• The complainant is advised that although the process is confidential, the respondent needs to be informed and any witnesses and persons directly involved in the complaint process will also learn of the complainant’s identity
• Care is taken to prevent any disadvantage to or victimization of either the complainant or the respondent.

 

Resolution procedure through conciliation:

• Once the complaint is received before initiating the inquiry, the committee may take steps to conciliate the complaint between the complainant and the respondent. This is only if requested by the aggrieved woman.
• No monetary settlement can be made as a basis of conciliation.
• In case a settlement is arrived at, the committee records & reports the same to the employer for taking appropriate action. Resolution through conciliation is to happen within 2 weeks of receipt of complaint.
• The committee shall provide copies of the settlement to complainant & respondent. Whereas settlement is arrived at, no further inquiry is to be conducted by the committee

Resolution procedure through formal inquiry:

The committee will initiate inquiry in the following cases:

• No conciliation is requested by aggrieved woman
• Conciliation has not resulted in any settlement
• Complainant informs the committee that any term or condition of the settlement arrived through conciliation, has not been complied with by respondent

Manner and Procedure of inquiry into complaint:

• Complainant should submit the written complaint along with supporting documents and the names of the witnesses, if any.
• The Committee will hold a meeting with the Complainant within seven days of receipt of the complaint, but no later than a week in any case.
• At the first meeting, the Committee members shall hear the Complainant and record her allegations. The Complainant can also submit any corroborative material with a documentary proof, oral or written material, etc., to substantiate her complaint.
• The Committee shall proceed with the enquiry and communicate the same to the Complainant and Respondent.
• Upon receipt of the complaint, the Committee will send 1 copy of the complaint to Respondent within 7 working days of receiving the complaint.
• Respondent shall reply with all supporting documents within 10 working days of receiving the copy of the Complaint.
• Thereafter, the Respondent may be called for a deposition before the Committee and an opportunity will be given to him to give an explanation, where after, an inquiry shall be conducted and concluded.
• The Complainant shall be provided with a copy of the written explanation submitted by the Respondent.
• If the Complainant or her respondent desires any witness/es to be called, they shall communicate in writing to the Committee the names of witness/es that they propose to call.
• The Committee shall call upon all witnesses mentioned by both the parties.
• The Committee shall provide every reasonable opportunity to the Complainant and the Respondent for putting forward and defending the irrespective case.
• If either party desires to tender any documents by way of evidence before the Committee, the same is to be supplied as original copies of such documents. Signatures should be affixed on the respective documents to certify these to be original copies.
• No legal practitioner can represent any party at any stage of the inquiry procedure
• The Complaints Committee is to make inquiry into the complaint in accordance with the principles of natural justice
• In conducting the inquiry, a minimum of three committee members including the Presiding Officer are to be present
• The employer shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy
• Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the company shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
• In the event, the complaint does not fall under the purview of Sexual Harassment or the complaint does not mean an offence of Sexual Harassment, the same would be dropped after recording the reasons thereof.
• If the complainant or respondent desires to cross examine any witnesses, the Committee facilitates the same and records the statements. In case complainant or respondent seeks to ask questions to the other party, they may give them to the Committee which asks them and records the statement of the other party.
• Any such inquiry is completed, including the submission of the Inquiry Report, within 90 days from the date on which the inquiry is commenced. The inquiry procedure should ensure absolute fairness to all parties.

Interim relief:

During pendency of the inquiry, on a written request made by the complainant, the committee may recommend to the employer to:

• Transfer the complainant or the respondent to any other workplace
• Grant leave to the aggrieved woman of maximum 3 months, in addition to the leave she would be otherwise entitled
• Prevent the respondent from assessing complainant’s work performance
• Grant such other relief as may be appropriate

Once the recommendations of interim relief are implemented, the same is informed to the committee.

Termination of Inquiry:

Committee may terminate the inquiry or give ex-parte decision, if complainant or respondent respectively is absent for 3 consecutive hearings, without sufficient reason. 15 day written notice is to be given to the party, before termination of enquiry or ex-parte order.

Action to be taken after inquiry:

Post the inquiry, the committee submits its report containing the findings and recommendations to the employer, within 10 days of completion of the inquiry.

Complaint unsubstantiated:

Where the committee arrives at the conclusion that the allegation against the respondent has not been proved, it recommends to the employer that no action is required to be taken in this matter. Further, the committee ensures that both parties understand that the matter has been fully investigated, that the matter is now concluded, and neither will be disadvantaged within the Company.

Complaint substantiated:

Where the committee arrives at the conclusion that the allegation against the respondent has been proved, it recommends to the employer to take necessary action for sexual harassment as misconduct, in accordance with the applicable service rules and policies, and this may include:

• Counseling
• Censure or reprimand
• Apology to be tendered by respondent
• Written warning
• Withholding promotion and/or increments
• Suspension
• Termination
• Or any other action that the employer may deem fit.

The Company is required to act upon the recommendations within 60 days and confirm to the committee. Post implementation of the actions, follow up with the complainant should also occur to ascertain whether the behavior has in fact stopped, the solution is working satisfactorily and if no victimization of either party is occurring.

Penal Consequences of Sexual Harassment:

In case the Committee finds the degree of offence coverable under the Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be initiated by the employer, for making a Police Complaint. Under the Indian Penal Code, (IPC), the newly introduced Section (S. 354A) which deals with Sexual Harassment has made this a ‘cognizable offense’ i.e. a person charged with Sexual Harassment may be arrested without a warrant.

Malicious Allegations:

Where the committee arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer to take action against the woman or the person making the complaint. While deciding malicious intent, the committee should consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be clearly established through a separate inquiry.

Confidentiality:

The identity of the complainant, respondent, witnesses, statements and other evidence obtained in the course of inquiry process, recommendations of the committees, action taken by the employer is considered as confidential materials, and not published or made known to public or media.

Any person contravening the confidentiality clauses is subject to disciplinary action as prescribed in the act.

Appeal:

Any party not satisfied or further aggrieved by the implementation or non-implementation of recommendations made, may appeal to the appellate authority in accordance with the Act, within 90 days of the recommendations being communicated.

AWARENESS: 

Awareness sessions are to be organized to:

• Formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the work place intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women.
• Carry out orientation programs and seminars for the Members of the ICC.
• Conduct capacity building and skill building programs for the Members of the ICC.
• Declare the names and contact details of all the Members of the IC.
• Use modules developed by the State Governments to conduct workshops and awareness programs for sensitizing the employees with the provisions of the Act

LEGAL COMPLIANCE:

The ICC shall in each calendar year prepare, is such format as may be prescribed, an annual report and submit the same to the employer and the District Officer (as defined in the Act). The report shall have the following details:

• Number of complaints of Sexual harassment received in the year
• Number of complaints disposed of during the year
• Number of cases pending for more than 90 days
• Number of workshops or awareness program against Sexual Harassment carried out
• Nature of action taken by the employer or District Officer

DUTIES OF EMPLOYER:

Every employer shall-

• provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace;
• display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Complaints Committee;
• organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and orientation programs for the members of the Internal Complaints Committee in the manner as may be prescribed;
• provide necessary facilities to the Internal Complaints Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
• assist in securing the attendance of respondent and witnesses before the Internal Complaints Committee, as the case may be;
• make available such information to the Internal Complaints Committee as the case be, as it may require having regard to the complaint;
• provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force;
• cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
• treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
• monitor the timely submission of reports by the Internal Complaints Committee.

MISCELLANEOUS:

The Company shall, in consultation with the ICC, periodically review the provisions of this Policy and its implementation (taking into account practical problems, if any, faced by the ICC and/or Employees of The Company in the implementation of this Policy).

The Company reserves the right to amend the provisions of this Policy, from time to time, as it deems fit, subject to applicable laws.