POLICY AGAINST SEXUAL HARASSMENT AT WORKPLACE

PURPOSE

The policy is to clearly communicate that M/s Sudhir Srivastava Innovations Private Limited (“SSI”)’s is committed to provide a working environment which is free from any form of sexual harassment or intimidation and to foster a professional, open, safe and trusting environment.

The policy also affirms the Company’s support for the guidelines issued by the Honourable Supreme Court of India to prevent and address the Sexual Harassment at the workplace. This Policy incorporates the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 as adopted and introduced on December 09, 2013.

SCOPE

The Policy regarding Prevention, Prohibition and Redressal of Sexual Harassment covers every ‘Woman’ or ‘Person’ (as defined below) across the Company. SSI encourages every employee who believes they are sexually harassed to use the redressal mechanism as provided in this policy.

The Policy is with respect to Prevention, Prohibition & Redressal of Sexual Harassment which may arise in places not limited to geographical location viz. Company’s offices / branches but includes all such places or locations where acts are conducted in context of working relationships or whilst fulfilling professional duties or which may be visited by a person during employment including transportation provided by the company for undertaking such visit. SSI’s Prevention of sexual harassment includes sexual harassment by fellow person, supervisors, managers as well as agents, consultants, contractors, customers, patients, vendors, partners and, visitors including outsourced employees.

Sexual harassment is judged by the impact on the complainant and not the intent of the Respondent.

Sexual harassment as addressed in this Policy need not necessarily be from a male to a female employee, it can be vice versa as well as between individuals of same gender.

This Policy comes into force with immediate effect.

DEFINITION

Sexual harassment has been defined as any unwelcome sexually determined behaviour (whether directly or by implication).

  • “Aggrieved Persons” shall mean Employees or Visitors (other than Aggrieved Women) who are affected as victims of Sexual Harassment at SSI premises mentioned above.
  • “Aggrieved Woman” shall mean a woman Employee or a women Visitor who may be affected as victims of Sexual Harassment at SSI premises mentioned above.
  • “Annual Report” shall mean the annual report published by the SSI in accordance with Applicable Laws.
  • “Applicable Laws” shall mean all applicable laws in respect of prevention of Sexual Harassment including without limitation the Prevention of Sexual Harassment Laws, the IPC and rules there under, and applicable judicial precedents.
  • “Appropriate Government” shall mean the Central Government or the State Government as applicable in relation to SSI.
  • “Board” shall mean the relevant board of directors of SSI.
  • “Company” means Sudhir Srivastava Innovations Private Limited (“SSI”).
  • “Complainant” shall mean an Aggrieved Woman or an Aggrieved person or a person making a Complaint on behalf of an Aggrieved Woman or an Aggrieved person. It includes co-workers, contract worker, probationer, trainee, apprentice on deputation, contract, temporary, part time or full time, or working as consultants or called by any other name.
  • “Complaint” shall mean a complaint of Sexual Harassment made as per this Policy.
  • “Conciliation” shall mean conciliation proceedings available to an Aggrieved Woman or an Aggrieved person as per Applicable Laws.
  • “District Area” shall mean Gurgaon District.
  • “Disciplinary Action” shall mean disciplinary action in accordance with the Service Rules of this policy.
  • “Employee” means an employee on the payrolls of SSI.
  • “Enquiry Proceedings” shall mean the final enquiry proceedings post issue of Findings and receipt of final representations from the Complainant and the Respondent.
  • “Enquiry Report” shall mean the final enquiry report issued by the Internal Committee, listing the Recommendations to the Senior Management in respect of a Complaint.
  • “False Accusations and Malicious Evidence” shall mean a false Complaint. The following are liable for making False Complaint or Malicious Evidence

(i) an Aggrieved Woman or an Aggrieved Person

(ii) a person making a Complaint and/or

(iii) any witness who has given forged or provided misleading evidence to the Internal Committee.

  • “Findings” shall mean the findings of the Internal Committee conducted post Preliminary Investigations.
  • “HR” shall mean the human resource department of SSI called as the HR department or by whatever name.
  • “Incident” refers to an incident of Sexual Harassment.
  • “IPC” shall mean the India Penal Code, 1860.
  • “Internal Complaints Committee” or “Internal Committee” shall mean a committee set up in accordance with this Policy.
  • “Investigation Process” shall mean investigation process in accordance with this Policy.
  • “Legal Heir” shall mean the legal heir in accordance with the Applicable Laws.
  • “SSI Offices” shall mean all offices and administrative units of SSI.
  • “Member” refers to a member of the Internal Committee appointed as per this Policy for handling the case of Sexual Harassment.
  • “Off-Site Locations” shall mean an off-site place, not being a part of the SSI premises, visited by an Employee or Visitor during any off-site event organised by any SSI arising out of or during employment including gaming venue and transportation arranged by SSI.
  • “Personal File” shall mean the personal file of an Employee as maintained by HR of the relevant SSI Entity.
  • “Policy” shall mean this SSI Prevention of Sexual Harassment Policy.
  • “Preliminary Proceedings” shall mean the preliminary enquiry proceedings conducted by

the Internal Committee post receipt of a Complaint.

  • “Prescribed Manner” shall mean the process and documentation as prescribed in this Policy for submission of Complaints.
  • “Prevention of Sexual Harassment Law” shall mean the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
  • “Recommendation” shall mean the recommendations of the Internal Committee in accordance with this Policy.
  • “Remedial Action” shall mean a remedial action against the Respondent in accordance with this Policy.
  • “Respondent” refers to an Employee or a Visitor committing the act of Sexual Harassment

at SSI Location as mentioned above or against whom a complaint of Sexual Harassment has been lodged.

  • “Senior Management” shall mean any person responsible for the management, supervision. and control of SSI or a person discharging contractual obligations with respect to the Employees and includes the person or Board or Committee responsible for formulation and administration of policies for SSI.
  • “Service Rules” shall mean the applicable service rules of SSI where the Respondent is working, and shall include, without limitation, all standing orders, code of conduct, policies, guidelines and/or any other communication(s) made by the Management in respect of employment or service conditions or related issues, from time to time.
  • “Settlement” or ‘Conciliation Settlement” shall mean the terms of settlement arrived at with the assistance of the Internal Committee, between an Aggrieved Woman or an Aggrieved Person, and, a Respondent, post Conciliation as per this Policy.
  • “Sexual Harassment” shall mean sexual harassment as provided in this Policy.
  • “Special Educator” shall mean a person trained in communication with people with special needs in a way that addresses their individual differences and needs.
  • “Statutory Report” shall mean a report to be filed by the Internal Committee in accordance with the Applicable Laws.
  • “Victimization” or “Retaliation” in the context of this Policy is any adverse employment

action against an Aggrieved Woman or an Aggrieved Person because the Aggrieved Woman or Aggrieved Person had lodged a Sexual Harassment complaint or participated in the Investigation Process of a Complaint.

  • “Visitor” shall mean any visitor not being an Employee of SSI.

SEXUAL HARASSMENT

The acts of sexual harassment include but are not limited to the following unwelcome sexually determined acts or behaviour (whether directly or by implication) which the aggrieved woman or the aggrieved person may consider as humiliating.

  1. Eve teasing including any indecent gesture, use of indecent language, or any act intended to insult/harm the modesty of an employee or intruding the privacy of an employee.
  2. Unsavoury or sexually coloured remarks, jokes, innuendos, taunts, pet names.
  3. Steering conversation improperly towards sexual preferences, fantasy, or sex life.
  4. Gender based insults or sexist remarks.
  5. Unwelcome sexual hints/ suggestions in any manner such as over telephone & email etc.
  6. Subjecting another person to an unwelcome act of physical intimacy, like grabbing, brushing, touching, pinching etc.
  7. Displaying pornographic or other offensive or derogatory pictures, cartoons, pamphlets, sayings, items or décor (Accessing, storing or forwarding pornographic material is also against the IT policy and other rules of the company and constitutes an act of indiscipline.
  8. Forcible physical touch or molestation.
  9. Physical confinement against one’s will and any other act likely to violate one’s privacy.
  10. A demand or request for sexual favour.

CONSTITUTION AND ROLE OF INTERNAL COMPLAINTS COMMITTEE

  1. Formulation of Internal Committee: SSI shall, by order in writing, formulate an Internal Complaints Committee located at SSI Office for handling and dealing with Complaints on Sexual Harassment.
  1. Presiding Officer and Members: The Internal Complaints Committee shall consist of the following Members for a term not exceeding three (3) years:
    • The Presiding Officer shall be a woman Employee employed at a senior level from amongst the Employees at SSI.
    • At least two (2) Members amongst Employees preferably committed to the cause of women or, who have experience in social work or who have legal knowledge.
    • One (1) 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.
    • At least half of the total Members (for this purpose Member will include the Presiding Officer) of the Internal Committee so appointed should be women; and/or

in the event a Complaint is received from Aggrieved Persons (not being women), the Internal Committee may co-opt additional Members on a case-by-case basis.

Refer Annexure A for members of Internal Complaint Committee.

ROLE OF INTERNAL COMMITTEE:

  1. To operate as the receiving and enquiring authority for dealing and investigating all Complaints of Sexual Harassment and to recommend appropriate action for each Complaint as per this Policy and Applicable Laws.
  2. To provide interim relief, take immediate and appropriate corrective action by doing whatever is necessary to end or prevent any further Sexual Harassment and make the Aggrieved Woman or the Aggrieved Person emotionally comfortable in accordance with this Policy and in accordance with the Applicable Laws (through counselling, providing necessary support services and so on).
  3. To submit a detailed report and recommend appropriate Remedial Action in respect of all Complaints, undertake appropriate analysis and apprise the Senior Management of the same on a periodic / need basis.
  4. Make follow-up inquiries to ensure the Harassment has not resumed or the Aggrieved Person is not being victimized.
  5. To facilitate Conciliation for settlement in accordance with Applicable Laws.
  6. To ensure complete Confidentiality of all Complaints, Enquiry Proceeding.
  7. To take a decision after the Investigations and Enquiry Proceedings against complaints of Retaliatory behaviour against or Victimization of those involved/ associated with the Complaint or Investigation.
  8. To organise, deploy and disseminate orientation and training programmes or any other collateral such as notifications, for preventing and creating awareness regarding the issue of Sexual Harassment.
  9. Submission of Statutory Report and comply with information requirements in the Annual Report.

POLICY DETAILS:

  1. The Company is committed to maintaining a work environment free from inappropriate or degrading conduct or communication of a sexual nature. Such conduct will not be tolerated and will result in disciplinary action, up to and including termination or police complaint.
  2. Any comments or conduct of sexual nature, where such behaviour threatens or offends a fellow women or person, or that fails to respect the dignity and feelings of the individual are unacceptable.
  3. Any manager or supervisor who is aware of sexual harassment and fails to take appropriate action pursuant to this policy will be subject to disciplinary action, up to and including termination.
  4. The Company will not tolerate any conduct that fails to comply with both the letter and spirit of this policy. The Company, clearly and unequivocally, prohibits sexual harassment by and of, its employees.
  5. Where sexual harassment occurs due to an act or omission by a representative of an organization with whom the employee concerned met / interacted representing SSI, the company will take all steps necessary and reasonable to assist the affected person in terms of support and disciplinary action.

IN ADDITION

  1. It could be done by a person individually or acting with others.
  2. It could be directed at either males or females.
  3. It could occur between peers or individuals in a hierarchical relationship (covert or overtly use of power inherent in the status of the manager to negatively affect an employee’s work experience and opportunities)
  4. It could either result in a “Quid Pro Quo” (this in exchange for something) or in a hostile working environment. (To threaten, coerce, or intimidate an employee to accept sexual advances or making employment decision affecting the individual or create an intimidating, hostile, or offensive working environment)
  5. SSI recognizes comments and behaviour which do not offend one person can offend another. Management accepts individuals may react differently and expects this right to be generally respected.
  6. Retaliation against any employee for reporting and/or communicating his/her displeasure with behaviours which may constitute sexual harassment, or against any employee who reports a suspected incident of sexual harassment.
  7. Any complaints or reports of sexual harassment will be treated promptly, seriously, confidentially and empathetically. They will be investigated thoroughly, impartially. HOD’s and Reporting Managers must act immediately on any report(s) of sexual harassment. Employees will not be disadvantaged in their employment conditions or opportunities because of lodging a complaint.
  8. Any proven misconduct will be treated as non-compliance with the Code of Conduct and appropriate disciplinary action will be taken Depending on the severity of the case, consequences can include an apology, counselling, dismissal, demotion or other forms of disciplinary action that the Committee recommends, and Management deems appropriate.

Immediate disciplinary action will also be taken against anyone who victimizes or retaliates against a person who has complained of sexual harassment.

RESPONSIBILITIES:

SSI has moral and legal responsibility to prevent any form of sexual harassment at workplace.

Therefore, the organization shall:

  1. Provide safe working environment at the workplace, which shall include safety from the persons coming into contact at the workplace.
  2. Display at any conspicuous place in the workplace, the penal consequences of Sexual Harassment, and the Internal Committee members.
  3. This policy shall form part of Employment handbook given to employees at the time of appointment/re-appointment.
  4. Organize workshops and awareness programs at regular intervals for sensitising employees and Orientation program for the committee.
  5. Provide necessary facilities for the committee to deal with the complaint and conduct enquiry.
  6. Provide assistance to the aggrieved party if he/she chooses to file a complaint under Indian Penal Code or any other law in force at that point in time.

ALL HOD’S AND REPORTING MANAGERS HAVE A RESPONSIBILITY TO:

  1. Monitor the working environment to ensure acceptable standards of conduct are always observed.
  2. Model appropriate behaviour themselves.
  3. Treat all complaints seriously and take immediate action as per the policy.

ALL EMPLOYEES HAVE A RESPONSIBILITY TO:

  1. Comply with the organization’s Sexual Harassment Policy.
  2. Offer support to anyone who is being harassed and let them know where they can get help and advice.
  3. Maintain complete confidentiality if they provide information during the investigation of a complaint (employees who spread gossip or rumours may expose themselves to defamation action).

COMPLAINT REDRESSAL MECHANISM

Any aggrieved person may make, in writing, a complaint of sexual harassment at workplace to the

committee giving details of the sexual harassment meted out to her/him within a period of 3 months from the date of incident and in case of a series of incidents, within a period of 3 months from the date of last incident, which may be extended for a further period of 3 months, if circumstances warrant such extension in the opinion of the Internal Complaints Committee, for reasons to be recorded in writing.

  1. The Presiding Officer or any Member of the Internal Complaint Committee can render reasonable assistance to the person for making complaint in writing, in case they are unable to do so.
  2. On receipt of complaint, the Internal Complaint Committee shall decide the place and time for hearing the complaint and shall intimate the date, time and place of hearing to the Complainant and Respondent. The Internal Complaints Committee shall follow principles of Natural Justice while handling such complaints.
    • Where the aggrieved person is unable to make a complaint on account of their physical incapacity, a complaint may be filed by:
      1. relative or friend; or
      2. a special educator’ or
      3. a qualified psychiatrist or psychologist; or
      4. the guardian or authority under whose care they are receiving treatment or care; or any person who has knowledge of the incident jointly with any of the above
    • Where the aggrieved person is unable to make a complaint on account of their mental incapacity, a complaint may be filed by:
      1. relative or friend; or
      2. a special educator’ or
      3. a qualified psychiatrist or psychologist; or
      4. the guardian or authority under whose care they are receiving treatment or care; or
      5. any person who has knowledge of the incident jointly with any of the above.
    • Where the aggrieved person 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 their written consent.
    • Where the aggrieved person is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of their legal heir.
  1. Internal Complaints Committee on receipt of such written complaint, may, if require ask the aggrieved person to furnish additional information about the alleged harassment.
  1. The Complainant or person authorized on their behalf as per above provision, shall make a complaint to the Internal Complaints Committee through following mode:
    1. Copy of complaint along with supporting documents and names and address of witness shall be sent to Internal Complaints Committee.
    2. On receipt of such complaint, Internal Complaints Committee shall provide a copy along with supporting documents of such complaints to the Respondent within 7 working days.
    3. Respondent shall file reply within 10 working days of receipt of the complaint along with list of documents, names and addresses of witnesses.
    4. Internal Complaint Committee shall investigate in detail into the matter of the complaint. the Internal Complaint committee shall have the right to call the person against whom the complaint is made or any other witnesses as when necessary.
    5. During the enquiry process, the Complainant and the respondent shall refrain from any form of threat, intimidation or influencing of witnesses.
    6. The Committee will conduct enquiry in accordance with the principles of natural justice and will ensure to give both parties, the aggrieved as well as the respondent, a right to be heard and present their case before the Committee.
    7. The Committee shall ensure confidentiality during the enquiry process and will ensure that sufficient care is taken to avoid ant retaliation against the witnesses.
    8. Internal Complaint Committee shall have the right to terminate the enquiry or give ex-parte decision on the complaint, if the Respondent or complainant remains absent for 3 consecutive hearings, without sufficient cause, provided that such termination or ex-parte Order may not be passed without giving a notice in writing,15 days in advance, to the party concerned.
    9. The Internal Committee must complete its investigation within a period of 90 days.
    10. The parties shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the Internal Complaints Committee.
    11. For conducting the enquiry, the quorum of the Internal Complaints Committee shall be of 3 members including the Presiding Officer.
  1. The Internal Committee may, before initiating an inquiry, and at the aggrieved person’s request, attempt to settle the matter through conciliation. However, Internal Complaints Committee shall ensure that:
    1. Monetary settlement will not be made as a basis of conciliation. Where a settlement has been arrived, the settlement terms shall be signed by both the parties and shall be provided with a copy of it.
    2. Where, a settlement is arrived as mentioned hereinabove, no further enquiry shall be conducted by the Internal Complaints Committee.
  1. The Internal Complaints Committee may during such investigation may exercise the power of a civil court, vested in it, in respect of:
    1. summoning and enforcing the attendance of any person and examining him under oath;
    2. requiring discovery and production of documents;
    3. any other prescribed matter.
  1. During such enquiry, upon written request by the aggrieved person, the committee may at its discretion recommend:
    1. to transfer the aggrieved person or the respondent to any other workplace;
    2. grant leave to the aggrieved person of up to three months which is in addition to leave to which she is otherwise entitled. Provided, the aggrieved person has to tender justified reason for such transfer or leave, such as threat to work in the workplace.

ACTION:

  1. The Committee shall on completion of the enquiry provide a report of its findings within 10 days from the date of completion of the enquiry and such report shall be made available to the concerned parties.
  2. If the allegation against the respondent has not been proved, the Committee may recommend that no action needs to be taken in the matter.
  3. If the Internal Complaints Committee arrives at the conclusion that the allegation against the respondent has been proved, or if such complaint is proved to be false or malicious, it shall recommend to take action for sexual harassment as a misconduct, as per the following punishment

Penalty Matrix

Disciplinary Action

Minor

Warning,

Reprimand,

Written Apology to the complainant

Moderate

Withholdings of the Promotions / Increments, rescinding of bonus, Carrying out community service, Transfer from present location

Stringent

Compensation or deduction from the salary / wages of the respondent or issue direction for payment; such sum as it may consider appropriate to be paid to the aggrieved person or to their legal heirs, as it may determine,

Suspension, Termination / dismissal from employment, Legal action under the Criminal Code

Such action will be taken within 60 days of the receipt of report.

Submission of Complaint

Within 3 months of the last incident

Notice to the Respondent

Within 7 days of receiving copy of the complaint

Completion of Inquiry

Within 90 days

Submission of Report by concerned committee to Employer

Within 10 days of completion of the inquiry

Implementation of Recommendations

Within 60 days

Appeal Within

90 days of the recommendations

FALSE ACCUSATIONS:

  1. The complaint of sexual harassment made by any employee shall be taken up with utmost seriousness by Company. However, there shall be zero tolerance for any false accusation.
  2. If the Internal Complaint Committee concludes that the allegation was made with malicious intent or the aggrieved person or any other person making the complaint on behalf of the aggrieved person produced false or forged or misleading documents to prove his/her case, the Internal Complaint Committee may recommend action to be taken against the person who has made the complaint, including termination of service. In such a case, malicious intent has to be established after an inquiry, before any action is recommended. A mere inability to substantiate a complaint or provide adequate proof would not attract action as provided herein. A similar recommendation for acting would be recommended against any witness whom the Internal Complaint Committee concludes that he/she has given false evidence or produced forged or misleading documents.
  3. It is to be noted that this statement is not intended to discourage employees from coming forward with any complaints. SSI recognizes and expects that some claims may be difficult to prove or support or may not in fact be found to raise to the level of seriousness deemed necessary to constitute Sexual Harassment. These types of complaints will not be false accusations.

MISCELLANEOUS:

  1. SSI may make any alteration or amendment or rescind any of the clauses of this Policy as and when it finds it necessary to do so if it complies with the Act. Any such alterations or amendment or rescinding will be intimated to the employee.
  2. Nothing contained in these rules shall operate in derogation of any law for the time being in force or to the prejudice of any right of any employee under any other Rules or Law.
  3. The Internal Complaint Committee shall prepare an annual report with the following details and shall submit the same to the Company to include in its Annual report:
    1. Number of complaints of sexual harassment received during the year;
    2. Number of complaints disposed off during the year;
    3. Number of cases pending for more than 90 days;
    4. Number of workshops or awareness program against sexual harassment carried out;
    5. Nature of action taken by the employer.
  1. The above Annual Report and the MIS should be prepared by the Human Resources Department and shall be submitted before the end of a financial year to the Senior Management of the Company.

CONCLUSION:

Complaints relating to Sexual Harassment shall be handled and investigations will be conducted under the principles of natural justice, basis of fundamental fairness, in an impartial and confidential manner so as to protect the identity of all viz., the person bringing the charge, potential witnesses, and the person accused of improper behaviour. Also, all efforts shall be taken to ensure objectivity and thoroughness throughout the process of investigation. The identity and address of

the aggrieved person, respondent and witnesses must not be published or disclosed to the public or media. The decision of Company shall be final and binding on all. However, the same is without prejudice to any recourse that Company or the individual concerned may have against the respondent and it shall not limit or restrict the rights of the Complainant and/or Company to pursue, nor shall they be precluded from pursuing, such further and other legal actions as may be available.

MEMBERS OF INTERNAL COMPLAINTS COMMITTEE FOR THE SEXUAL HARASSMENT AT WORKPLACE.

Name of the member

Designation in SSI

Position in the Committee

Email Id/Contact number

Mobile No.

Manjusha Agwan

Lead (IP)

Presiding officer

manjusha.agwan@ssinnovations.org

9899335324

Vaishali Singh

Company Secretary

Member

vaishali.singh@ssinnovations.org

9873626894

Amit Garg

Manager (Finance)

Member

amit.garg@ssinnovations.org

9818486859

Neha Tomar

Manager HR

Member

neha.tomar@ssinnovations.org

9997846310

Elizabeth Pascual Srivastava

External Member

elizabeth. srivastava@ssinnovations.org