Policy for Prevention, Prohibition and Redressal of Sexual Harassment at Work Place

Policy for Prevention, Prohibition and Redressal of Sexual Harassment at Work Place

1. Introduction:

Adian Services LLP (herein after referred to as Adian or Company) believes in providing a work environment which is safe, free from any form of discrimination or harassment particularly any behavior that may constitute sexual harassment. Adian is committed to provide an environment wherein personal dignity of all individuals’ irrespective of their race, color, religion, gender, marital status, age, origin, or disability is protected by law. The Company will not tolerate any form of sexual harassment and is committed to taking all necessary steps to ensure that its employees are not subjected to any harassment, prejudice or gender bias.

2. Object:

a) The object is to provide congenial environment.

b) To understand what may be constituted as sexual harassment.

c) Refrain from any unwelcome behaviour that is sexual in nature

d) Refrain from creating hostile atmosphere at workplace via sexual harassment

e) Report sexual harassment experienced.

f) Report sexual harassment witnessed to appropriate authorities.

g) To lay down disciplinary procedures and actions for violation of any clauses of this policy and the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The policy is framed in accordance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Any aspect relating to sexual harassment not explicitly covered in this policy is provided for by the law, then the law will be applicable. In case of any conflict between the policy and the law, the law will prevail.

3. Scope:

The Policy is applicable to all the Employees irrespective of their level, rank or designation across all departments, sections, functions, operations, units, meeting centres, offices of Adian. This includes contract employees, clients, vendors, job applicants, visitors, trainees and representatives of business contacts and is deemed to be incorporated in the service conditions of all the Employees and comes into effect forthwith.

4. Definitions:

a) Aggrieved woman: In relation to a workplace, a woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.

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

c) Internal Committee: shall mean a committee constituted under the provisions of section 4 of the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

d) Employee: shall mean 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 co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name;

e) Employer: A person responsible for management, supervision and control of the workplace

f) Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved woman under this policy

g) Sexual Harassment: includes any such unwelcome sexually determined acts or behaviour (whether directly or by implication) by any employee irrespective of gender in any form as defined in section 2 of the Act.

(i) physical contact and advances,

(ii) a demand or request for sexual favours,

(iii) sexually coloured remarks,

(iv) showing pornography,

(v) Any other unwelcome physical, verbal or non-verbal conduct of sexual

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

(i) implied or explicit promise of preferential treatment in their employment; or

(ii) implied or explicit threat of detrimental treatment in their employment: or

(iii) implied or explicit threat about their present or future employment status; or

(iv) interference with their work or creating an intimidating or offensive or hostile work environment for them; or

(v) humiliating treatment likely to affect their health or safety.

An alleged act of sexual harassment committed during or outside of office hours falls under the purview of this policy.

h) Workplace: shall mean any place(s) where an affected person/victim or defendant is employed or works, or visits in connection with their duties during the course of or arising out of their employment. It includes house or any domestic dwelling.

5. Responsibility of the employees:

It is the responsibility of all to respect the rights of others and not  encourage harassment.

In case the employee faces any sexual abuse.

a) Report the incident to Internal Committee.

b) Communicate your uncomfortableness and ask to stop the harassment immediately.

c) Keep records of the incident.

In case you are a witness

a) Do not participate in any activity which constitutes harassment

b) Support the person to reject unwelcome behaviour

c) Act as a witness if the person being harassed decides to lodge a complaint

d) If you observe or witness an incident report it to the Internal Committee as a responsible employee

 6. Internal Committee 

a) Internal Complaints Committee (hereinafter referred to as ‘IC’)

To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same, Internal Committee (IC) has been constituted as per the provisions of section 4 of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act ,2013”. The constitution of the IC is attached to this policy as Annexure “A”

a) Presiding Officer: A woman employed at a senior level in the organization or workplace

b) 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

c) 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

d) At least one half of the total members nominated being women

The Internal Committee will be responsible for:

a) Taking appropriate measures to prevent and prohibit sexual harassment.

b) Receiving complaints of sexual harassment at the workplace

c) Initiating and conducting inquiry as per the established procedure

d) Granting Interim relief to the Complainant.

e) Submitting findings and recommendations of inquiries

f) Co-ordinating with the employer in implementing appropriate action

g) Maintaining strict confidentiality throughout the process as per established guidelines

h) Submitting annual reports in the prescribed format

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

7. Redressal Mechanism

7.1 Filing of a Complaint

An aggrieved woman to make, in writing, a complaint of sexual harassment at workplace to the Internal Committee within a period of 3 months from the date of incident/ last incident. The Internal 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.

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

a) her relative or friend; or

b) her co-worker; or

c) an officer of the National Commission for Women or State Women’s Commission; or

d) any person who has knowledge of the incident, with the written consent of the Aggrieved Woman.

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

a) her relative or friend; or

b) a special educator; or

c) a qualified psychiatrist or psychologist; or

d) the guardian or authority under whose care she is receiving treatment or care; or

e) 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

C. 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.

a) 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 can be submitted by the complainant physically to the Internal Committee in writing or can submit it to the Internal Committee by email to [email protected] or [email protected].

7.2. Conciliation

Once the complaint is received, before initiating the inquiry, on the request by the aggrieved woman the Internal Committee may take steps to conciliate the complaint between the complainant and the respondent.

No monetary settlement can be made as a basis of conciliation.

In case a settlement is arrived at, the Internal Committee records and reports the same to the employer for taking appropriate action. The Internal Committee shall provide copies of settlement to the complainant and respondent. Where a settlement is arrived at, no further inquiry is to be conducted by the Internal committee.

7.3. Inquiry

Manner and Procedure of inquiry into complaint:

a) The Internal Committee shall identify whether it is a sexual harassment case and falls under the jurisdiction of the Internal Committee.

b) 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.

c) Upon receipt of the complaint, if it is decided that complaint falls within the jurisdiction, the Internal Committee will send 1 copy of the complaint to Respondent within 7 working days of receiving the complaint.

d) Respondent shall reply with all supporting documents within 10 working days of receiving the copy of the complaint.

e) At the first meeting with the complainant, the Internal 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.

f) Thereafter, the Respondent may be called for a deposition before the Internal Committee and an opportunity will be given to him to give an explanation, where after, an inquiry shall be conducted and concluded.

g) The Complainant and the respondent shall be provided with a copy of the statements scribed by each of them.

h) If the Complainant or the Respondent desires any witness/es to be called, they shall communicate in writing to the Internal Committee the names of witness/es that they propose to call.

i) The Internal Committee shall call upon all witnesses mentioned by both the parties.

j) The Internal Committee shall provide every reasonable opportunity to the Complainant and the Respondent to put forward and defend their respective case.

k) If either party desires to tender any documents by way of evidence before the Internal Committee, the same should be supplied as original copies of such documents. Signatures should be affixed on the respective documents to certify these to be original copies.

l) No legal practitioner can represent any party at any stage of the inquiry procedure.

m) The Internal Committee is to make inquiry into the complaint in accordance with the principles of natural justice.

n) In conducting the inquiry, a minimum of three Internal Committee members including the Presiding Officer and External member should be present.

o) The employer shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy.

p) 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.

q) If the complainant or respondent desires to cross examine any witnesses, the Internal 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 Internal Committee which asks them and records the statement of the other party.

r) Any such inquiry to be completed, within 90 days from the date on which the inquiry is commenced. The inquiry procedure should ensure absolute fairness to all parties.

7.4 Interim relief

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

a) Transfer the complainant or the respondent to any other workplace

b) Grant leave to the aggrieved woman of maximum 3 months, in addition to the leave she would be otherwise entitled

c) Prevent the respondent from assessing complainant’s work performance

d) Grant such other relief as may be appropriate. Once the recommendations of interim relief are implemented, the same is informed to the Internal Committee.

7.5 Termination of Inquiry

Internal 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.

7.5 Action to be taken after inquiry

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

7.6 Complaint unsubstantiated

Where the Internal 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 Internal 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.

7.6 Complaint substantiated

Where the Internal 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:

• Counselling
• 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 Internal Committee. Post implementation of the actions, follow up with the complainant should also occur to ascertain whether the behaviour has in fact stopped, the solution is working satisfactorily and if no victimization of either party is occurring.

If Respondent resigns during the pendency of proceedings, the Respondent shall co-operate during the inquiry process. It is applicable to all employees permanent, serving the notice period or those on probation.  Employer can withhold dues and relieving letter in case of non-co-operation in the inquiry proceedings conducted under the provisions of the Act & this policy.

8. Confidentiality

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

The sharing of the content of the complaints will be on a “need to know” basis only. It is understood that sexual harassment is an issue of highly sensitive nature and therefore strict confidentiality will be maintained by the affected person/victim, defendant, witnesses, the Internal Committee and the Management Team.

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

9. Retaliation

The affected person/victim lodging the complaint and any person providing information or any witness, will be protected from any form of retaliation. While dealing with complaints of Sexual Harassment, the Internal Committee shall ensure that the affected person/victim or the witness are not victimized or discriminated against by the perpetrator. Any unwarranted pressures, retaliatory or any other type of unethical behaviour from the accused against the affected person/victim while the investigation is in progress should be reported by the affected person/victim to the Internal Committee as soon as possible.

Disciplinary action will be recommended by the Internal Committee to the Employer against any such complaints.

10. Malicious Complaints

Where the Internal 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, with the motive of maligning the concerned individual/ tarnishing their image and to settle personal/ professional scores. The Internal Committee to recommend appropriate action in accordance with the provisions of the Act and the employer to take action against the woman or the person making the complaint. Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this clause. Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed before any action is recommended.

 While deciding malicious intent, the Internal committee should consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be clearly established in the inquiry.

11. 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.

12. Awareness

• Formulate and widely disseminate an internal policy for prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women.
• Carry out orientation programs for the Members of the Internal Committee.
• Conduct capacity building and skill building programs for the Members of the Internal Committee.
• Declare the names and contact details of all the Members of the Internal Committee. Annexed here in as annexure ‘A’ are the details of Internal Committee members.
• Carry out awareness workshops for employees for sensitizing the employees with the provisions of the Act.

13. Legal Compliance

The Internal Committee shall in each calendar year prepare, in 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).  

14. Revision

• Revision to this policy shall be handled by the HR /management of the firm.
• This policy shall be reviewed annually or as necessary according to changes in business environment or strategy or developments of Policy controlled by the firm.

Note: Details not covered in the aforesaid policy would follow as per “The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act”, 2013.

Annexure A

PoSH Complaint Email ID: [email protected] or [email protected]

Internal Committee Members

Note: Revisions and changes in the constitution of Internal Committee Members requires an approval from the Board of the Company.