Policy on Prevention of Sexual Harassment (POSH)

Objective

• Company is committed to providing a workplace where everyone is treated with dignity and respect.
• We seek to create an environment free of all forms of unlawful discrimination, including sexual harassment and other types of discriminatory harassment.
• To articulate Company’s zero tolerance to sexual harassment by having a policy to provide protection against sexual harassment of women at workplace and the prevention and redressal of complaints of sexual harassment and matters related to it.
• We all share responsibility and ownership for creating and maintaining a respectful and positive work environment.

Coverage

• This policy is applicable to all employees of the Company.
• All contract employees, retainers, subcontractors, trainees, apprentices, ad hoc or daily wage basis, probationer, vendors, fixed time hires and third-party personnel who visit and/ or work in the Company premises. The Company prohibits harassment, discrimination, and retaliation in the workplace and in any work-related setting outside the workplace, such as during business trips, meetings, and business-related social events.

Terminology/ Definitions

Aggrieved Woman

As per the POSH Act, an ‘aggrieved woman’ in relation to a workplace, is a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent. This would imply that the term extends to women who may be visitors or guests at the workplace.

Workplace

The definition of ‘workplace’ includes, among other places, any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey.

Respondent

A person against whom the aggrieved woman has made a complaint of sexual harassment

Complainant

The person reporting an incident of sexual harassment of self or another colleague(s)

Employee

A person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly 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;

Employer

In relation to any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government, any person (in the context of the private sector) responsible for the management, supervision and control of the workplace and the person discharging contractual obligations with respect to his or her employees.

Internal Complaints Committee

An Internal Complaints Committee constituted by the employer of a workplace where total number of employees is 10 or more

Local Complaints Committee

The Act envisages forming such Committee to address grievances of women when:

• Internal Complaints Committee has not been constituted if the establishment has less than 10 workers
• If the Complaint is itself against the said employer himself.

Member

Member of the Internal Complaints Committee or the Local Committee, as the case may be

Presiding Officer

Head of the Internal Complaints Committee nominated by the employer at the time of constituting the Internal Complaints Committee and should be a woman employed at a senior level at the workplace amongst the employees.

Policy in Detail

“Sexual Harassment” has many different definitions, and it is not the intent of this policy to limit the definition, but to give much coverage as possible concerning what activities constitute and imply sexual harassment. Sexual Harassment includes any such unwelcome acts or behaviour (whether directly or by implication) and shall include, but will not be confined to the following-

Any other unwelcome physical, verbal or non-verbal conduct of Sexual orientation or nature.

Redressal Mechanism

Recommendations & Guidelines - Internal Complaints Committee (hereinafter referred to as ICC)

As per the provisions of the Act the Company has constituted a committee known as Internal Complaints Committees (ICC) for addressing complaints relating to sexual harassment.

The constitution of the ICC as per the Act consists of the following members:

• Presiding Officer, a woman employed at a senior level
• At least two members from amongst employees, preferably committed to the cause of women or who have had experience in social work or have legal knowledge.
• One member from amongst Non-Governmental Organizations (NGO) or an Association committed to the cause of women or a person familiar with the issues relating to sexual harassment.
• Women representation should not be less than half of the total strength of the committee
• The Member from amongst the NGO or association may be paid appropriate remuneration for attending the proceedings of the Internal Complaints Committee as and when convened, by the Company.
• Presiding Officer and every Member of the Internal Complaints Committee shall hold office for such period, not exceeding 3 years, from the date of their nomination as may be specified by the Company. However, they may be renominated by the Management in the event fresh, suitable members are not available.

Constitution of Internal Complaints Committee

You can write to posh@saifevetmed.com and register your complaint with internal committee.

The committee shall be responsible for:

• Receiving complaints of sexual harassment at the workplace
• Initiating and conducting inquiry as per the established procedure
• Submitting findings and recommendations of inquiries
• Coordinating with the employer in implementing appropriate action
• Maintaining strict confidentiality throughout the process as per established guidelines
• Submitting annual reports in the prescribed format

Some guidelines:

• The Committee should handle Complaints in a confidential manner and expeditiously, subject to all information being available.
• Where the Presiding Officer or any Member of the Internal Complaints Committee has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions.

Procedures of filing a Complaint

To ensure that a free and fair investigation takes place without any prejudice to any of the parties, the following guidelines must be followed:

• Any aggrieved woman may make, in writing, a Complaint of sexual harassment at workplace to the Presiding Officer, 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 the last incident. Written complaints (6 copies) along with supporting documents and names and addresses of witnesses must be filed
• In case such Complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Complaints Committee shall render all reasonable assistance to the Complainant for making the Complaint in writing.
• Complaints expressed anonymously WILL NOT BE investigated.
• If the Internal Complaints Committee is satisfied that the circumstances were such which prevented the Complainant from filing a complaint within the said period of three months, may, for the reasons to be recorded in writing, extend the time limit not exceeding three months
• Where the Complainant is unable to make a Complaint on account of her physical or mental incapacity or death or otherwise, the following may do so on her behalf, with her written consent:
  • Legal heir, relative or friend
  • Co-worker
  • Any person having the knowledge of the incident
• The Company will keep complaints, investigative records, and the results of the investigation confidential. If an investigation confirms that harassment has occurred, the Company will take corrective action, including appropriate disciplinary / administrative action up to and including termination. The Internal Complaints Committee shall be responsible for ensuring safe maintenance of the records of each of the cases and shall maintain appropriate and complete documentation which would be in the custody of the Company in entirety.
• On receiving Complaint, the Committee may advise the alleged harasser to refrain from contacting the Complainant/Aggrieved Woman, even if they share work relationship that needs contact or communication in the discharge of their duties. In such circumstances, contact and communication shall only be held via their Managers.

Conciliation

The ICC may before initiating an inquiry and at the request of the aggrieved woman may take steps to settle the matter through conciliation, provided that no monetary settlement shall be made as a basis of conciliation

• Where a settlement has been arrived, the ICC shall record the settlement so arrived and forward the same to the management to take action as specified in the recommendation
• Copies of the settlement so arrived will be provided to the aggrieved woman and the respondent.
• Where a settlement is arrived, no further Enquiry shall be conducted by the Committee

Investigation & Inquiry

• In case the complaint is not settled amicably, the ICC shall proceed to make a formal inquiry into the complaint and take appropriate steps for resolving the complaint
• On receipt of the complaint, the Presiding Officer shall immediately forward 1 copy of the complaint to the respondent who shall be granted a maximum of 7 days to submit a detailed explanation in writing in response thereto. A copy of the said explanation will be provided to the Complainant. Based on the same, the Enquiry procedure would be followed.
• Upon receipt of the copy of the complaint, the respondent is required to reply to the complaint along with a list of supporting documents, names and addresses of witnesses within 10 working days.
• During the course of inquiry, both the parties will 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. The Complainant, in the first instance, must establish the allegations in the proceedings. In this perspective the Aggrieved Woman/ Complainant would also be required to be subjected to cross-examination. Thereafter, the Respondent would also be given the opportunity to present evidence in his defense, and thereafter, be subjected to cross-examination by the Complainant.
• In this process, it should be always ensured that the dignity of both the Complainant and the Respondent is respected, and the matter is conducted in strict confidentiality.
• The proceedings will be strictly in accordance with the principles of natural justice and must be completed within a total of 90 days from the receipt of the complaint
• In conducting the inquiry, a minimum of three committee members, including the Presiding Officer, shall be present for the purpose of making an inquiry. The ICC will have the following powers which are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters:
  • Summoning and enforcing the attendance of any person and examining him on oath
  • Requiring the discovery and production of documents, and
  • Any other matter which may be prescribed
• The Inquiry report has to be issued within 10 days from the date of completion of inquiry by the ICC. The report will be submitted not only to the Management but also a copy of the same to the parties viz aggrieved woman and respondent
• Committee may give their recommendations to the Managing Director and the final decision i.e., whether the charges are proved, what is the severity and what punishment should be given will be decided by him who is an independent entity
• Where the ICC arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required to be taken in the matter
• Where the ICC arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer, to take necessary punitive action.

Action during pendency of inquiry

During the pendency of an inquiry, on a written request made by the aggrieved employee, the internal committee may recommend to the employer:

• Transfer the aggrieved employee or the respondent to any other workplace; or
• Grant leave to the aggrieved employee up to a period of three months; in addition to the leave she would be otherwise entitled
• Prevent the respondent from assessing complainant’s work performance
• grant such other relief to the aggrieved employee as may be prescribed

The Committee, at the written request of the aggrieved employee, may recommend to restrain the respondent from reporting on the work performance of the aggrieved employee or writing his/her confidential report

Punishment and Compensation

The POSH Act prescribes the following punishments that may be imposed by an employer on an employee for indulging in an act of sexual harassment:

• Punishment prescribed under the service rules of the organization.
• If the organization does not have service rules, disciplinary action including written apology, warning, reprimand, censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service, undergoing a counselling session, or carrying out community service; and
• Deduction of compensation payable to the aggrieved woman from the wages of the respondent (Section 13 of the Prevention of Workplace Sexual Harassment Act).

The POSH Act also envisages payment of compensation to the aggrieved woman. The compensation payable shall be determined based on:

• The mental trauma, pain, suffering and emotional distress caused to the aggrieved employee.
• The loss in career opportunity due to the incident of sexual harassment.
• Medical expenses incurred by the victim for physical/ psychiatric treatment.
• The income and status of the alleged perpetrator; and
• Feasibility of such payment in lump sum or in installments (Section 15 of the Prevention of Workplace Sexual Harassment Act)

In the event that the respondent fails to pay the aforesaid sum, ICC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.

• The employer is required to act on the recommendations of the ICC within 60 days of receipt of the Inquiry report.
• Appeal against the decision of the committee is allowed within 90 days from the date of recommendations.

Complaints made with malicious intent

• Where the ICC arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved employee/ any other person making the complaint knowing it to be false or the aggrieved employee has produced any forged or misleading document, the ICC may recommend to the employer that strict action be taken against the aggrieved employee (the employee who has complained of sexual harassment), including legal action and/ or termination of employment from the Company.

The POSH Act further clarifies that the mere inability to substantiate a complaint or provide adequate proof need not mean that the complaint is false or malicious.

• The employer shall act upon the recommendation within sixty days of receipt of the recommendation by them.

Appeal

Any party not satisfied or further aggrieved by the implementation or non-implementation of recommendations made, may appeal to the appellate authority in accordance with the act and rules, within 90 days of the recommendations being communicated.

Confidentiality

Recognizing the sensitivity attached to matters pertaining to sexual harassment, the POSH Act attaches significant importance to ensuring that the complaint and connected information are kept confidential. The POSH Act specifically stipulates that information pertaining to workplace sexual harassment shall not be subject to the provisions of the Right to Information Act, 2005.

The POSH Act further prohibits dissemination of the contents of the complaint, the identity and addresses of the complainant, respondent, witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the ICC and the action taken to the public, press and media in any manner.

That said, the POSH Act allows dissemination of information pertaining to the justice that has been secured to any victim of sexual harassment, without disclosing the name, address, identity or any other particulars which could result in the identification of the complainant or the witnesses.

Disclosure of the justice secured could not only deter other individuals from engaging in acts of sexual harassment, but also instil in the minds of employees and public that the employer is serious about providing a safe work environment and harbours zero tolerance for any form of sexual harassment at the workplace

A breach of the obligation to maintain confidentiality by a person entrusted with the duty to handle or deal with the complaint, conduct the inquiry, make recommendations, or take action under the statute shall be punishable in accordance with the provisions of the service rules applicable to the said person Rs.5000.

Grievance arising on account of sexual harassment from a third party

Where sexual harassment occurs because of an act or omission by any third party or outsider, the Company will take all necessary steps to assist the affected employee by providing the required support and taking appropriate preventive action.

Protection against Retaliation

• Regardless of the outcome of the complaint made in good faith, the employee lodging the complaint and any person providing information or any witness, will be protected from any form of retaliation.
• While dealing with complaints of sexual harassment, ICC shall ensure that the Complainant or the witness are not victimized or discriminated against by the accused.
• Any unwarranted pressures, retaliatory or any other type of unethical behavior from the accused against the Complainant while the investigation is in progress should be reported by the Complainant to the ICC as soon as possible.
• Disciplinary action will be taken by the ICC against any such complaints which are found genuine.

Employer’s Duties and Obligations

• Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace
• formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace.
• Display at any conspicuous place in the workplace, the order constituting the internal committee and declare the names and contact details of all members of the ICC.
• Organize workshops and training programs at regular intervals for sensitizing the employees regarding the provisions of the Act
• Organizing orientation programs for members of the ICC
• Provide necessary facility to the Internal Committee for dealing with the complaint and conducting inquiry
• Assist in securing the attendance of respondents and witnesses before the committee. Make such information available to the committee.
• Provide assistance to the women if she chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force
• Initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator after the conclusion of the inquiry, or without waiting for the inquiry where the perpetrator is not an employee in the workplace at which the incident of sexual harassment took place.
• Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
• Prepare an annual report with details on the number of cases filed and their disposal and submit the same to the District Officer
• Monitor the timely submission of reports by the Internal Committee.

Miscellaneous

• The ICC will prepare a report of Sexual harassment each calendar year and shall submit the same to the employer
• The employer shall include in its report the following:
  • No. of complaints received.
  • No. of complaints disposed of.
  • No. of cases pending for more than 90 days.
  • No. of workshops/awareness programs carried out.
  • Nature of action taken by the employer.
  • The Report of ICC will be forwarded to the DO through the employer
• Number of cases of sexual harassment in the Company, if any, and their disposal under this Act.