ANTI-SEXUAL HARASSMENT POLICY
Entrans Technologies Pvt. Ltd. (“the Company”) recognizes the right of every employee to be able to attend work and to perform their duties without being subjected to any form of sexual harassment. This policy provides protection against sexual harassment at the workplace and the prevention and redressal of complaints of sexual harassment and matters related to it. This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” (“the Act”) and rules framed thereunder.
This policy applies to:
Sexual Harassment may occur not only where a person uses sexual behaviour to control, influence or affect the career, salary or job of another person, but also between co-workers. An Employee may be said to have suffered sexual harassment if there is any
- implied or explicit promise of preferential treatment in the Employee’s employment;
- implied or explicit threat of detrimental treatment in the Employee’s employment; or
- implied or explicit threat about the Employee’s present or future employment status; or
- interference with the Employee’s work or creating an intimidating or offensive or hostile work environment for the Employee; or
- humiliating treatment likely to affect the Employee’s health or safety
Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):
- physical contact and advances; or
- a demand or request for sexual favours; or
- making sexually coloured remarks; or
- showing pornography; or
- any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Some further illustrative examples of sexual harassment are as follows:
- staring or leering
- unnecessary familiarity, such as deliberately brushing up against you or unwelcome touching suggestive comments or jokes insults or taunts of a sexual nature
- intrusive questions or statements about your private life
- displaying posters, magazines or screen savers of a sexual nature
- sending sexually explicit emails or text messages
- inappropriate advances on social networking sites
- accessing sexually explicit internet sites
- requests for sex or repeated unwanted requests to go out on dates; or
- behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
GRIEVANCE REDRESSAL MECHANISM
Internal Complaints Committee
The Company shall set up an IIC, the details and composition of which shall be made available at all times in all the Company premises. The IIC shall comprise of the following persons, who shall hold office for a period not exceeding three years from the date of appointment:
At least one half of the total members nominated to the Internal Complaints Committee shall be women
Upon receipt of the Inquiry Report, the Company shall act upon the recommendations of the IIC within 60 days and provide confirmation of the same to the IIC. After implementing the actions, the Company shall follow up with the complainant and the respondent to ascertain whether the issue has been resolved satisfactorily.
Penal Consequences – If the IIC finds that the actions of the respondent constitute an offence under the Indian Penal Code, it shall state so in the Inquiry Report, and after taking the consent of the complainant, the Company shall initiate appropriate action for making a Police Complaint against Sexual Harassment under inter alia Section 354A of the Indian Penal Code.
Malicious Allegations – Where the IIC arrives at the conclusion that the allegation against the respondent is malicious or the complainant has made the complaint knowing it to be false or the complainant has produced any forged or misleading document, it may recommend to the Company to take action against the complainant. While deciding malicious intent, the IIC shall take into account that a mere inability to substantiate a complaint will not mean there was any malicious intent. Malicious intent must be clearly established through a separate inquiry.
Appeal – Any party aggrieved by the implementation or non-implementation of the recommendations made by the IIC may appeal to the appellate authority in accordance with the provisions of the Act, within 90 days of the recommendations being communicated to the Company.
Confidentiality – The identity of the complainant, respondent, witnesses, statements and other evidence obtained in the course of inquiry process, recommendations of the IIC, and/or action taken by the Company is strictly confidential, and shall not be published or made public or disclosed to the media in any manner whatsoever. Any person contravening the confidentiality requirement shall be subject to disciplinary action.