Free Workplace Policy

Policy on the sexual harassment of women at the workplace (prevention, prohibition and redressal) act, 2013

OBJECTIVE

The Firm is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and sexual harassment. The Firm also believes that all employees of the Firm, have the right to be treated with dignity.
Sexual harassment at the work place or other than work place if involving employees is a grave offence and is, therefore, punishable.

SCOPE AND EFFECTIVE DATE

This Policy extends to all employees of the Firm and is deemed to be incorporated in the service conditions of all employees, including any woman entering office premises, vendor, third party/ outsourced staff, clients, and comes into effect immediately.
Sexual harassment would mean and include any of the following:
Unwelcome sexual advances, requests or demand for sexual favours, either explicitly or implicitly, in return for employment, promotion, examination or evaluation of a person towards any Firm activity;
Unwelcome sexual advances involving verbal, non-verbal, or physical conduct such as sexually coloured remarks, jokes, letters, phone calls, e-mail, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, sounds, display of pictures, signs, verbal or non-verbal communication which offends the individuals sensibilities and affect her/his performance;eve teasing, innuendos and taunts, physical confinement against one’s will and likely to intrude upon one’s privacy;act or conduct by a person in authority which creates the environment at workplace hostile or intimidating to a person belonging to the other sex;Conduct of such an act at work place or outside in relation to an employee of the Firm, or vice versa during the course of employment; andAny unwelcome gesture by an employee having sexual outcomes.

DEFINITIONS:

“Employee” means a person employed at a workplace for any work on regular, temporary, udhoc or daily wage basis, either dircctly 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.
“Workplace” includes:-
All offices or other premises where the Firm’s business is conducted
All Firm-related activities performed at any other site away from the Firm’s premises.
Any social, business or other functions where the conduct or comments may have an adverse impact on the workplace or workplace relations.
any place visited by the employee arising out of or during the course of ernploymcnt including transportation provided hy the employer for undertaking such journey

COMPLAINT REDRESSAL COMMITTEE:

An Internal Complaint Committee has been constituted by the Employer to consider and redress complaints of Sexual Harassment. The committee is reightly constituted as per the requirement of the Act containing one female presiding officer, two employees of the Firm committed to the cause of women or are in social work or have legal knowledge and one half of the total members nominated are women.

REDRESSAL PROCESS:

Any employee who feels and is being sexually harassed directly or indirectly may submit a complaint of the alleged incident to any member of the Committee in writing with his/her signature within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident. Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing. Provided further that the lnternal Committee for the reasons to be recorded in writing, extend the lime not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a cornplaint within the said period.
Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint.
The Committee will maintain a register to endorse the complaint received by it and keep the contents confidential, if it is so desired, except to use the same for discreet investigation.
The Committee will hold a meeting with the Complainant within five days of the 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/his allegations. The Complainant can also submit any corroborative material with a documentary proof, oral or written material, etc., to substantiate his / her complaint. If the Complainant does not wish to depose personally due to embarrassment of narration of event, a lady officer for lady employees involved and a male officer for male employees, involved shall meet and record the statement.
Thereafter, the person against whom complaint is made may be called for a deposition before the Committee and an opportunity will be given to him / her to give an explanation, where after, an “Enquiry” shall be conducted and concluded.
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.
In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Management.

ENQUIRY PROCESS:

The Committee shall immediately proceed with the Enquiry and communicate the same to the Complainant and person against whom complaint is made.
The Committee shall prepare and hand over the Statement of Allegation to the person against whom complaint is made and give him / her an opportunity to submit a written explanation if she / he so desires within 7 days of receipt of the same.
The Complainant shall be provided with a copy of the written explanation submitted by the person against whom complaint is made.
If the Complainant or the person against whom complaint is made desires any witness/es to be called, they shall communicate in writing to the Committee the names of witness/es whom they propose to call.
If the Complainant desires to tender any documents by way of evidence before the Committee, she/ he shall supply original copies of such documents. Similarly, if the person against whom complaint is made desires to tender any documents in evidence before the Committee he/she shall supply original copies of such documents. Both shall affix his/her signature on the respective documents to certify these to be original copies.
The Committee shall call upon all witnesses mentioned by both the parties.
The Committee shall provide every reasonable opportunity to the Complainant and to the person against whom complaint is made, for putting forward and defending their respective case.
The Committee shall complete the “Enquiry” within reasonable period but not beyond 90 days and communicate its findings and its recommendations for action to the Employer/ Manager/ HR Personnel. The report of the Committee shall be treated as an Enquiry Report on the basis of which an erring employee can be awarded appropriate punishment straightaway.
Employer/Manager/ HR personnel will direct appropriate action in accordance with the recommendation proposed by the Committee.
The Committee shall be governed by such rules as may be framed by the Supreme Court orders or any other legislation enacted later on.

DISCIPLINARY ACTION:

The Committee may recommend to the Employer/Manager/ HR personnel action which may include transfer or any of the other appropriate disciplinary action.
To deduct from the salary of the respondent such sum as it may consider approprate to be paid to the aggrieved woman or to her legal heirs as the committee shall determine. Provided that in case the Employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment he/she may direct the respondent to pay such sum lo the aggrieved woman. Provided further that in case the respondent fails to pay the sum referred to in the Internal Committee may forward the order for recovely of the sum as an arrear of land revenue to the concerned District Officer
The Employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him.
Such other way as may be mutually decided between the Employer and the Committee of the Firm.

OTHER POINTS TO BE CONSIDERED:

The management 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 Firm shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
The Committee shall analyse and put up report on all complaints of this nature at the end of the year for submission to the Employer/Manager/ HR personnel.
In case the Committee find 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

CONFIDENTIALITY:

To protect the interests of the aggrieved employee, the accused person and others who may report incidents of sexual harassment, confidentiality will be maintained throughout any investigatory process to the extent practicable and appropriate under the circumstances.
All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Firm except where disclosure is required under disciplinary or other remedial processes.