ANTI-SEXUAL HARASSMENT POLICY

INTRODUCTION: 

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.

SCOPE:

This policy applies to:

a)
All employees, consultants, freelancers, contractors, interns and other staff at all levels of management, as well as those working for the Company at all locations (collectively referred to hereinafter as “Employee(s)”);
b)
All conduct during or outside of office hours that takes place in the Company’s offices or at any place visited by an Employee arising out of or during the course of employment, including during transportation provided by the Company for undertaking such a journey. This includes conduct by any person that the Employee deals with in the course of his/her work who is not employed by the Company.

DEFINITIONS:

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.
ROLES AND RESPONSIBILITIES 
It is the obligation and responsibility of all Employees to ensure that the workplace is free from sexual harassment. All Employees are expected to uphold the highest standards of ethical conduct at the workplace and in all their interactions in the course of employment. This means that Employees have a responsibility to:
a)
Treat each other with dignity and respect;
b)
Follow the letter and spirit of law;
c)
Refrain from any unwelcome behaviour that has sexual connotation (of sexual nature);
d)
Refrain from creating hostile atmosphere at workplace via sexual harassment; and
e)
Report sexual harassment experienced and/or witnessed to appropriate authorities and abide by the complaint handling procedure of the Company.
The Company shall organise awareness sessions to:
a)
Formulate and widely disseminate an internal policy or charter or resolution or declaration 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.
b)
Carry out orientation programs and seminars for the members of the Internal Complaints Committee (“IIC”).
c)
Conduct capacity building and skill building programs for the members of the IIC.
d)
Declare the names and contact details of all the Members of the IIC.
e)
Use modules developed by the Government to conduct workshops and awareness programs for sensitizing all Employees with the provisions of the Act
The IIC shall, in every calendar year, prepare an annual report and submit the same to the Company and the District Officer (i.e. District Collector, Chennai). The report shall have the following details:
a)
Number of complaints of sexual harassment received in the year
b)
number of complaints disposed of during the year
c)
number of cases pending for more than 90 days
d)
number of workshops or awareness program against Sexual Harassment carried out
e)
nature of action taken by the Company or the District Officer

GRIEVANCE REDRESSAL MECHANISM

In the event an Employee suffers any sexual harassment, the Company strongly encourages the Employee to take immediate action. The Employee may:
a)
Raise the issue with the harasser directly with a view to resolving the issue by discussion;
b)
Alternatively, or in addition, the Employee may approach the IIC.

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:

a)
Presiding Officer: A woman employed at a senior level in the Company
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

At least one half of the total members nominated to the Internal Complaints Committee shall be women

The IIC will be responsible for:
a)
Receiving complaints of sexual harassment at the workplace
b)
Initiating and conducting inquiry as per the established procedure
c)
Submitting findings and recommendations of inquiries
d)
Coordinating with the Company in implementing appropriate action
e)
Maintaining strict confidentiality throughout the process as per established guidelines
Lodging a complaint An aggrieved Employee may make, in writing, a complaint of sexual harassment at workplace to the IIC within a period of 3 months from the date of incident/ last incident. The IIC may extend the timeline by another 3 months for reasons recorded in writing, if it is satisfied that there were sufficient reasons prevented the lodging of the complaint within the period. If the Employee is unable to make the complaint in writing, the Presiding Officer or any Member of the IIC shall render all reasonable assistance to the women for making the complaint in writing. If the Employee is unable to make a complaint on account of her physical incapacity, a complaint may be filed by:
a)
A relative or friend; or
b)
A 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 Employee
If the Employee is unable to make a complaint on account of any mental incapacity, a complaint may be filed by:
a)
A relative or friend; or
b)
A special educator; or
c)
A qualified psychiatrist or psychologist; or
d)
The guardian or authority under whose care the Employee is receiving treatment or care; or
e)
Any person who has knowledge of the incident jointly with the Employee’s relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care he/she is receiving treatment or care
If the Employee 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 the Employee’s written consent.
Inquiry Process Once the complaint is received, before initiating an inquiry, the IIC may take steps towards conciliation between the complainant and the respondent. This will be done only if expressly requested by the Employee. In the event a conciliation is arrived at:
a)
No monetary settlement can be made;
b)
The IIC shall record and report the conciliation to the Company for taking appropriate action.
c)
The IIC shall provide copies of the settlement as recorded to the complainant and the respondent
In the event the Employee does not consent to any conciliation process, or conciliation is not arrived at, or if the respondent breaches any term/condition of the conciliation, the IIC will conduct a formal inquiry, in accordance with the following procedure:
a)
The Complainant shall submit 6 copies of the complaint along with supporting documents and the names and addresses of witnesses, if any
b)
Upon receipt of the complaint, the committee shall send 1 copy of the complaint to the respondent within 7 working days of receiving the complaint.
c)
The Respondent shall file a reply with all supporting documents and the names and addresses of witnesses within 10 working days of receiving the copy of the complaint
d)
The IIC shall hold a meeting with the complainant within seven days of receipt of the complaint. At this first meeting, the IIC shall hear the complainant and record the allegations
e)
Thereafter, the IIC shall hold a meeting with the respondent and an opportunity will be provided to the respondent to give an explanation in writing. Thereafter, an inquiry shall be conducted and concluded.
f)
The complainant shall be provided with a copy of the written explanation, if any, submitted by the respondent.
g)
The IIC shall call upon all witnesses mentioned by both the parties.
h)
If the complainant or respondent desires to cross examine any witnesses, the IIC shall facilitate the same and record the statements. In case complainant or respondent seeks to ask questions to the other party, they may give them to the IIC, which shall ask them and record the statement of the other party.
i)
If either party desires to tender any documents by way of evidence before the IIC, the same is to be supplied as copies of such documents. Signatures should be affixed on the respective documents to certify these to be copies of the originals.
j)
In conducting the inquiry, a minimum of three IIC members including the Presiding Officer are to be present
k)
The IIC is to make inquiry into the complaint in accordance with the principles of natural justice. The IIC shall provide every reasonable opportunity to the Complainant and the Respondent for putting forward and defending their respective case.
l)
No legal practitioner can represent any party at any stage of the inquiry procedure
m)
The Company shall provide all necessary assistance for the purpose of ensuring that the inquiry is carried out in a full, effective and speedy manner.
During pendency of the inquiry, on a written request made by the complainant, the IIC may, by way of interim relief, direct the Company to:
a)
Transfer the complainant or the respondent to any other workplace;
b)
Grant leave to the complainant of maximum 3 months, in addition to the leave they would be otherwise entitled to;
c)
Prevent the respondent from assessing complainant’s work performance or writing their confidential report, and assign the same to another officer; and/or
d)
Grant such other relief as may be appropriate.
After the inquiry process is completed, the IIC shall submit an Inquiry Report in writing to The Company.
a)
The Inquiry Report must be submitted within 10 days from the conclusion of the inquiry proceedings. This submission must also be within 90 days from date of filing of the complaint, at the latest.
b)
The IIC may dismiss the complaint or issue an ex parte order if the complainant or respondent respectively are absent for 3 consecutive hearings, without sufficient reason. The IIC shall provide 15 day written notice to the parties before terminating the enquiry or passing an ex-parte order, as applicable.
c)
If, after due enquiry, the IIC arrives at the conclusion that the allegations against the respondent have not been proved, it shall recommends to The Company that no action is required to be taken in this matter
d)
If, after due enquiry, the IIC arrives at the conclusion that the allegations against the respondent have been proven, it shall, on a due consideration of the facts and circumstances of the case, recommend to The Company to take necessary action against the respondent. This may include the following actions:
i. Counseling ii. Censure or reprimand iii. Apology to be tendered by respondent iv. Written warning v. Withholding promotion and/or increments vi. Suspension vii. Termination viii. Deduction from the salary of the respondent of such sum as it considers appropriate to be paid the complainant ix. Any other action that the employer may deem fit.

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.