Sexual Harassment Policy

(Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 & the Rules)

Dated…………………

1. Objective

Sexual harassment is not only a serious misconduct but criminal offence also, which
can destroy human dignity and freedom. In an effort to promote the well-being of all
women employees at our workplace, “Sexual Harassment Policy” has been formulated
keeping in view the provisions under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 & the Rules (hereinafter referred to
as ‘Policy’). The said policy is to define the guidelines and the process to be followed in
order to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment in addition to the matters
connected therewith or incidental thereto. It is the duty of the Management to prevent or
deter the commission of any act of sexual harassment at the workplace. Sexual Harassment
will be considered as misconduct and action will be taken based on the findings of the
enquiry in this context.

2. Applicability

The Policy is applicable to all employees of ABC India Private Limited, deployed at our
workplace __________________________________________who are either

(a) on the rolls of the establishment whether temporary, permanent, probation,

apprentice, trainee or
(c) engaged through the Contractor(s) having service agreement with the
establishment

3. Abbreviations

In this Policy document, unless there is anything repugnant to the subject or context
thereof, the words and expressions as stated below shall have the following meanings:-
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(i) CE – Complainant Employee: Refers to any woman employee of any age whether
employed or not who has lodged a complaint of sexual harassment at workplace and has
been subjected to any act of sexual harassment by another employee (hereinafter referred
to as ‘respondent’).

(ii) ICC – Internal Complaint Committee

(iii) Management – Management means Company’s Managing

Director/Director/Manager or such other officer or Officers/nominee or nominees as may
be authorized in this behalf by the Managing Director/Director and notified in the Notice
Board of the establishment.

(iv) RE – Respondent Employee: Refers to any employee against whom the complaint
for sexual harassment has been lodged.

(v) Workplace – Refers to clause O of the SHWW Act and also includes all offices,
branches and workshops located anywhere in India. It also includes any place visited by
the employees arising out of or during the course of employment including transportation
provided by the Management of the establishment for undertaking the journey.

(vi) “Sexual Harassment” includes any one or more of the following unwelcome acts or
behaviour (whether directly or by implication) namely;-
(i) Physical contact and advances; or
(ii) A demand or request for sexual favours; or
(iii) Making sexually coloured remarks; or
(iv) Showing pornography; or
(v) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

(vii) 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 :-

(i) Implied or explicit promise of preferential treatment in her employment; or

(ii) Implied or explicit threat of detrimental treatment in her employment; or
(iii) Implied or explicit threat about her present or future employment status; or
(iv) Interference with her work or creating an intimidating or offensive or hostile
work environment for her; or
(e) Humiliating treatment likely to affect her health or safety.
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4. Internal Complaints Committee (hereinafter referred to as ICC)–this is a

Committee which has been constituted as per section 4 of the SHWW Act read with
its Rules.

The ICC is comprised of the following persons:

(i) Ms. ……………………………………. (Presiding Officer)

(ii) Ms. ……………………………………..(Member)
(iii) Mr./Ms………………………………..(Member)
(iv) Mr. …………………………………… (NGO Member)

Every Member of the ICC shall hold office for a period not exceeding three years,
from the date of their nomination as may be specified by the Management.

5. Procedure of filing a Complaint

(a) The complaint should be made by an aggrieved woman within a period of three
months from the date of occurrence of incident and in case of a series of incidents, within a
period of three months from the date of last incident. The complaint by an aggrieved
woman employee shall be made to ICC in writing and be sent either by post or given in
person to the ICC of the establishment or any officer authorized by ICC in writing.

(b) The ICC may, for the reasons to be recorded in writing, extend the time limit not
exceeding three months, if it is satisfied that the circumstances were such which prevented
the employee from filing a complaint within the said period. Where the employee is unable
to make a complaint on account of her physical or mental incapacity or death or otherwise,
her legal heir may make a complaint under this section.

(c ) It is, however, pertinent to state that where 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 Woman or State Women’s
Commission; or
(d) any person who has knowledge of the incident, with the written consent of
the aggrieved woman;
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(d) Where the aggrieved woman is unable to make a compliant on account of her
mental incapacity, a complaint may be filed by—

(a) her relative of 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 her 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;

(e) (i) Where 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.
(ii) Where the aggrieved woman is dead, a complaint may be filed by any person
who has knowledge of the incident, with the written consent of her legal heir.

6. Procedure to be followed post receipt of Complaint

(a) The ICC would go through the details of the complaint and evaluate if there is a
prima facie case or not. While doing that, ICC will keep in mind that the CE is not subjected
to enquiry more than once. However, if the complaint complexity requires that the CE is to
be called for more than once for enquiry, then utmost sensitivity should be displayed and
adequate precaution would be taken to ensure that there is no loss of dignity to the CE.

(b) The ICC will initiate a detailed enquiry as deemed fit.

(c) The ICC may, before initiating an enquiry and at the request of the CE, take steps to
settle the matter between her and the RE through conciliation, provided that no monetary
settlement shall be made as a basis of conciliation. Where a settlement has been arrived
during conciliation, the ICC shall record the settlement and forward to the employer or
District Officer to take action. However, if the terms arrived during conciliation have not
been complied with by the RE, the ICC shall proceed to make an enquiry into the complaint
or as the case maybe forward the complaint to the police. The copies of the settlement as
recorded during conciliation shall be provided to the both the parties.

(d) The ICC shall after completing the enquiry, submit its recommendations to the
Management with recommendations of the penalty to be imposed.
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(e) In case no settlement is arrived the ICC shall, where the Respondent is an employee,
proceed to make inquiry into the complaint in accordance with the rules of the Company or
forward the complaint to the police, within a period of seven days for registering the case
under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions
of the said Code where applicable.

(f) Where both the parties are employees, the parties shall, during the course of
inquiry, be given an opportunity of being heard and a copy of the findings shall be made
available to both the parties enabling them to make representation against the findings
before the Committee.

(g) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of
1860), the court may, when the respondent is convicted of the offence, order payment of
such sums as it may consider appropriate, to the aggrieved woman by the respondent,
having regard to the provisions of section 15 pertaining to determination of compensation.

(h) The submission of the recommendations by the ICC to the Management shall be
completed within a period of ninety days (90) from the date of receipt of the complaint by
the ICC.

(i) The HR Department will extend full cooperation in facilitating to conduct the
proceedings by the ICC.

(j) For the purpose of making an inquiry under sub-section (1), the Internal Committee
shall have the same powers as are vested in a civil court under the Code of Civil Procedure,
1908 (5 of 1908) when trying a suit in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.

7. Guidelines to be kept in mind by ICC while recommending action

(a) To conduct the enquiry as per the Principles of natural justice and in a confidential
manner.

(b) In cases where the ICC has recommended to Management for compensation to be
made to the CE, then the said amount shall be deducted from the salary of the RE and paid
to the CE or her legal heir/s.

(c) In case the RE fails to pay the sum referred as above, the ICC may forward the order
for recovery of the sum as an arrear of land revenue to the concerned District Officer.
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(d) Where the ICC arrives at a conclusion that the allegation against the RE is malicious
or the CE has made the complaint knowing it to be false or the CE has produced forged or
misleading document, it may recommend to the Management of the establishment to take
action against the CE as stipulated by Company Policy.

(e) Where the ICC arrives at a conclusion that during the enquiry any witness has given
false evidence or produced any forged or misleading document, it may recommend to the
Management to take appropriate action.

8. Appeal by the aggrieved person

Any person aggrieved from the recommendations made by the ICC enquiring with
the allegations against the respondent has not proved, or the ICC arrived at a conclusion
that during the enquiry any witness has given false evidence or produced any forged or
misleading documents or contravenes the provisions of section 17 of the SHWW Act or
when the persons entrusted with the duty to handle or deal with the complaint, the enquiry
or recommendations makes known the contents of the complaint and the enquiry
proceedings, or non-implementation of such recommendations may prefer an appeal to the
court or tribunal in accordance with the provisions of the service rules applicable to the
said person or where no such service rules exist then, without prejudice to provisions
contained in any other law for the time being in force, the person aggrieved may prefer an
appeal. The appeal will lie before the Appellate Authority notified under clause (a) of
section 2 of the Industrial Employment (Standing Orders) Act, 1946.

9. Management is to ensure:-

(a) That in case there is a complaint against any of the ICC members, Management will
have to reconstitute the ICC. In all such cases the guildelines as defined in the above clauses
would be inclusive of the time taken to reconstitute the said committee.

(b) The Management will provide assistance to the CE if she so chooses to file a police
complaint in relation to the offence under the India Penal Code or any other law for the
time being in force.
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(c) The Management will also initiate action under the Indian Penal Code or any other
law for the time being in force, against a perpetrator, where the perpetrator is not an
employee of the establishment and there is complaint of Sexual Harassment against the
said perpetrator in the workplace where the harassment took place.

(d) The ICC will submit an annual report to the Management outlined in the SHWW Act
and it is the responsibility of the Management to ensure that the said annual report is also
filed with the District Officer as per the format applicable.

(e) The Management will direct HR Department to ensure to display at conspicuous

places the guidelines as given in section 19(b) of the SHWW Act.

(f) The Management will direct and monitor the HR Department to create awareness
amongst employee material on sexual harassment in the following manner:-

(i) Training cum Awareness session for employees (men and women)
(ii) Training cum Awareness session for ICC members
(iii) Training cum Awareness session for Human Resource teams and Senior
Management.

(g) The Management will assist in ensuring the attendance of the RE and witnesses
before the ICC as the case may be.

(h) The Management will monitor timely submission of reports. For this, the
Management will conduct periodic update meetings with the ICC and HR Department to
ensure that the said policy is being implemented in letter and spirit.

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