Policy of Sexual Harassment at Workplace

1. Objective:

The Company believes in creating a workplace where all employees are able to work free of any fear of prejudice, unfair treatment or bias whether based on gender or otherwise. The Company will not tolerate or condone Sexual Harassment (as defined hereinafter) at the Workplace (as defined hereinafter) and expects its employees to always behave in a dignified and respectful manner at the Workplace.

2. Scope:

This prevention of sexual harassment policy (“POSH Policy”) has been drafted keeping in mind the basic tenets of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) and any amendments made thereto, read with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 framed thereunder. This POSH Policy will apply to all the Employees at the Workplace.

This POSH Policy covers any and all forms of alleged acts of sexual harassment, as described under the POSH Act, of women by men, of men by women or between the same sexes or of/between third gender/LGBTQ+. Sexual harassment is unlawful irrespective of who is involved in such behaviour.

3. Definitions:

For the purpose of this POSH Policy, the following terms when capitalized shall have the meaning as set out as follows:

I. “Aggrieved Person” means a person of any age, whether employed or not by the Company, who alleges to have been subjected to any act of Sexual Harassment at the Workplace.

II. “Complainant” means any Aggrieved Person or other person who makes a complaint alleging Sexual Harassment under this Policy and as per Law.

III. “Employee” means any person employed at the 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 person called by any such name.

IV. “Internal Committee” means the POSH Committee of the Company.

V. “Respondent” means any person against whom the Aggrieved Person has made a complaint of Sexual Harassment.

VI. “Sexual Harassment” means any one or more of the following unwelcome acts or behaviour, whether directly or by implication, namely:

• (a) Physical contact and advances including touching, deliberately brushing against another person, interference with an individual’s normal work movement or assault; or
• (b) Demand or requests for sexual favours, offensive or unwelcome flirtations, unwanted sexual advances or propositions, threats or suggestive or insulting sounds; or
• (c) Making sexually coloured remarks including sexual tones including repeated sexual innuendoes, sexual epithets, derogatory slurs, sexually explicit jokes, letters, phone calls, text, e-mails, WhatsApp or through any other electronic communication etc; or
• (d) Showing pornography such as derogatory or sexually explicit posters, cartoons, photographs, magazines, drawings, or other printed items; suggestive objects, pictures; emails, screen savers; or other electronic communications; graphic commentaries and leering or obscene gestures; or
• (e) any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

  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 may also amount to Sexual Harassment:

  (a) an implied or overt promise of preferential treatment in the Aggrieved Person’s employment;
  (b) an implied or overt threat of detrimental treatment in the Aggrieved Person’s employment;
  (c) an implied or overt threat about the Aggrieved Person’s present or future employment status;
  (d) any interference with the Aggrieved Person’s work or creating an intimidating or offensive or hostile work environment for the Aggrieved Person;
  (e) humiliating treatment likely to affect the Aggrieved Person’s health or safety; or
  (f) any other act not mentioned herein that outrages the modesty of the Aggrieved Person.
  

  Any act of Sexual Harassment, whether committed within or outside of office hours will fall under the purview of this POSH Policy.

  “Annexure A” of this POSH Policy provides an indicative list of examples of behavior which may be found to constitute Sexual Harassment in the Workplace.

VII. “Visitor or Third Party” means and includes any person or persons who is visiting the workplace and is not covered by any of the other categories defined by this Policy. For example, guests or candidates coming for interviews, meetings, events, programs, or people walking in for meeting existing employees, staff etc

VIII. “Workplace” means:

• (a) all premises, locations, offices, or units, established, owned, and controlled by the Company;
• (b) any place visited by the Employee arising out of or during the course of employment including transportation and accommodation provided by the Company for undertaking such journey; or

the virtual workplaces such as messages, emails, calls, video calls or any other virtual platforms used by the Employees.

4. Prevention of Sexual Harassment at Workplace Committee

A POSH Committee to redress complaints on Sexual Harassment shall be formed by the Company. It is the responsibility of the POSH Committee to ensure safety of individuals associated with the Company and to ensure that all POSH related practices at the Company are compliant with the provisions of the Law.

5. Composition of the POSH Committee

To the maximum extent permitted by law, International Industries shall not be liable for direct, indirect, incidental, or consequential damages arising from your use or inability to use the Website or any errors therein.

(a) Presiding Officer: 01 (One) woman employed at a senior level at workplace from amongst employees (in case a senior level women employee is not available, the Presiding officer shall be nominated from the other offices or administrative units of the workplace.

(b) Members: Minimum 02 (Two) members will be appointed from amongst employees who are preferably committed to the cause of women safety or who have had experience in social work or have legal knowledge in this field. These members shall automatically vacate office upon ceasing to be an employee.

(c) Member: At least 01 (One) woman member shall be a third-party representative from an NGO or any other agency familiar with the issues relating to Sexual Harassment.

(d) At least one half of the total members shall be woman. The Presiding Officer and every member of POSH Committee shall hold office for a period not exceeding three years from the date of nomination as member.

6. Removal of POSH Committee Members

A member of the POSH Committee shall be removed/replaced if the member:

(a) breaches confidentiality;

(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against them;

(c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against them;

(d) has abused their position as to render their continuance in office prejudicial to the public interest; and/or,

(e) any vacancy created in the POSH Committee due to cessation of employment, resignation, death, disability or removal, as applicable, shall be filled by a fresh nomination by the Company in accordance with its guidelines and in conjunction with provision of Law (where applicable).

7. Powers of POSH Committee

For the purpose of making an inquiry the POSH Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure 1908 when trying a suit in respect to following:

• Summoning and enforcing the attendance of any person and examining him/her on oath.
• Requiring the discovery and production of documents.
• Any other matter which may be prescribed.

8. Recourse at POSH Committee

(a) The Aggrieved Person/Complainant should first approach the POSH Committee for complaints.

(b) The POSH Committee shall inquire about the matter in accordance with rule of natural justice and fair play.

(c) Complaints originating at Company offices are to be registered directly with the POSH Committee.

9. Complaints

1. If an Aggrieved Person believes that he/she has been subjected to Sexual Harassment, the Company encourages such Aggrieved Person to file a written complaint with the POSH Committee. The complaint shall contain details of circumstances giving rise to the complaint, the date of alleged occurrences, names of witnesses, if any, and shall be signed by the Aggrieved Person. At the time of filing the complaint, the Aggrieved Person shall submit 6 (Six) copies of the complaint along with supporting documents and the names and addresses of the witnesses to the POSH Committee.
2. The written complaint with the aforementioned particulars may be submitted physically to the POSH Committee or electronically by the Aggrieved Person within a period of 3 (Three) months from the date of the incident and in case of a series of incidents, within a period of 3 (Three) months from the date of the last incident. However, the POSH Committee reserves the right to extend the aforementioned time period further by not more 3 (Three) months, if it is satisfied that the circumstances were such which prevented the Aggrieved Person from filing a complaint within the aforementioned period. Such reasons for extension in time should be recorded in writing by the POSH Committee.
3. In case that the Aggrieved Person cannot make such complaint in writing, the POSH Committee shall render all reasonable assistance to the Aggrieved Person for making the complaint in writing.
4. Where the Aggrieved Person is unable to make a complaint on account of his/her physical incapacity, a complaint may be filed by:
   • (a) his/her relative or friend;
   • (b) his/her co-worker;
   • (c) where the Aggrieved Person is a woman, 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 Aggrieved Person.
5. Where the Aggrieved Person is unable to make a complaint on account of his/her mental incapacity, a complaint may be filed by:
   • (a) his/her relative or friend;
   • (b) a special educator;
   • (c) a qualified psychiatrist or psychologist;
   • (d) the guardian or authority under whose care he/she is receiving treatment or care; or
   • (e) any person who has knowledge of the incident jointly with his/her relative or friend, a special educator, a qualified psychiatrist or psychologist, or the guardian or authority under whose care he/she is receiving treatment or care.
6. 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 the written consent of the Aggrieved Person.
7. Where the Aggrieved Person is dead, a complaint may be filed by any person who has knowledge of the incident, with the consent of the legal heir of the Aggrieved Person.

10. Conciliation

1. Prior to initiating an inquiry into the complaint made, the POSH Commiittee may, at the Aggrieved Person’s request, take steps to settle the matter between the Aggrieved Person and the Respondent through conciliation. However, no monetary settlement shall be made as a basis of such conciliation.
2. In the event that a settlement has been reached, the POSH Committee shall record the settlement so arrived and forward the same to one of the directors of the Company, to take action as specified in the recommendation.
3. The POSH Committee shall also provide the copies of the settlement as recorded to the Aggrieved Person and the Respondent. Once a settlement is arrived at, no further inquiry shall be conducted by the POSH Committee. However, the Aggrieved Person can further refer that complaint to the POSH Committee for redressal if the terms of settlement have not been complied with. In such a case, the POSH Committee shall commence an inquiry into the complaint.

11. Inquiry Process

1. The POSH Committee is required to make an inquiry into the complaint filed by the Aggrieved Person in accordance with the principles of natural justice.
2. The inquiry process has been set out below:
   • (a) On receipt of the complaint, the POSH Committee shall send one of the copies received from the Aggrieved Person to the Respondent within a period of 7 (Seven) working days from the receipt of the complaint.
   • (b) The Respondent shall file his/her reply to the complaint along with his/her list of documents, and names and addresses of witnesses, within a period not exceeding 10 (Ten) working days from the date of receipt of the copy of the complaint.
   • (c) The inquiry has to be completed within a period of 90 (Ninety) days from the receipt of the complaint from the Aggrieved Person.
   • (d) Upon completion of the inquiry, the POSH Committee shall prepare a report of findings based on the complaint received by it and submit it to one of the directors of the Company within a period of 10 (Ten) days from the date of completion of the inquiry and such report be made available to the concerned parties.
   • (e) The Company is required to act on the recommendations of the POSH Committee within 60 (Sixty) days of its receipt.
   • (f) Appeal against the decision of the POSH Committee is allowed within 90 (Ninety) days from the date of recommendations.

12. Interim Relief

(i) During the pendency of an inquiry, on a written request made by the Aggrieved Person, the POSH Committee may recommend to one of the directors of the Company to take the following interim measures:

• transfer the Aggrieved Person or the Respondent to any other workplace;
• grant leave to the Aggrieved Person for a period up to 3 (Three) months;
• restrain the Respondent from reporting on the work performance of the Aggrieved Person or writing his/her confidential report, and assign the same to another Employee of the Company; or
• grant such other relief to the Aggrieved Person as it may deem fit.

(ii) The leave granted to the Aggrieved Person, as an interim relief, shall be in addition to the leave he/she would be otherwise entitled.

13. Punishment & Compensation

If the POSH Committee arrives at the conclusion that the allegation against the Respondent has not been proved, it shall recommend to one of the directors of the Company that no action is required to be taken in the matter. However, if the POSH Committee is of the opinion that the allegation against the Respondent has been proved, it shall recommend to one of the directors of the Company:

• to take action for Sexual Harassment as a misconduct including a written apology, counselling, written warning to the perpetrator (with a copy maintained in the relevant Employee’s file), reprimand or censure, transfer, withholding of pay rise or increments and/or promotion, transfer, community service, suspension or termination depending upon the severity of the incident of Sexual Harassment; or
• to deduct from the salary of the Respondent such sum as it may consider appropriate to be paid to the Aggrieved Person.

14. Malicious Complaints

1. This POSH Policy shall not be used by Aggrieved Person for raising false or malicious complaints.
2. If the POSH Committee arrives at the conclusion that the allegation against the Respondent is malicious or the Aggrieved Person has made the complaint knowing it to be false or the Aggrieved Person has produced any forged or misleading document, the POSH Committee may recommend to one of the directors of the Company that appropriate disciplinary action be taken against such Aggrieved Person or against the person making such complaint.
3. The action recommended by the POSH Committee against the Aggrieved Person in case of malicious complaint shall be similar to the ones proposed for the Respondent in case of substantiated complaints.
4. While deciding malicious intent, the POSH Committee shall consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be clearly established through a separate inquiry.

15. Protection of the Aggrieved Person

1. The Company recognizes the sensitivity attached to matters pertaining to Sexual Harassment and the importance of ensuring that the complaint and connected information is kept confidential. Therefore, to protect the interests of the Aggrieved Person, confidentiality will be maintained throughout the investigatory process to the extent practicable.
2. The Company will provide security to the Aggrieved Person if such a need is felt and take necessary action against any Employee attempting to intimidate the Aggrieved Person. This will help instill confidence in other Employees to come forward if they believe they have been subjected to Sexual Harassment.
3. The penal consequences of Sexual Harassment and the order constituting the POSH Committee will be displayed at conspicuous places in the Workplace (including the places the Employees of the Company frequent) to help strengthen this POSH Policy.

17. POSH Committee Members:

Members of the POSH Committee of the Gujarat Factory of the Company is as follows:

A. Visual Conduct:

• Leerin
• Making sexual gestures
• Displaying sexually suggestive or explicit objects, pictures (still or moving), cartoons, graffiti, or posters in any manner, including as part of e-mail transmissions

B. Verbal Conduct:

• Whistling and catcalls
• Foul or obscene language
• Making or using derogatory comments which are sexual in nature
• Explicit discussions about sexual activities/behaviours
• Comments about a person’s physical attributes
• Spreading rumours about another person’s sexual activities/conduct and/or partners
• Jokes which contain offensive, obscene, or lascivious content
• Sexual advances / Sexual propositions
• Sexual innuendo or double entendre

C. Written Conduct:

• Suggestive, obscene, or propositioning letters, notes, greeting cards or invitations, including but not limited to those transmitted via e-mail
• Displaying pictures (still or moving), cartoons, graffiti, or posters in writing, including but not limited to e-mail

D. Physical Conduct:

• Unwelcome touching
• Sexual assault
• Kissing / Hugging / Grabbing
• Coercing another person to participate in sexual intercourse or other sexual behaviours
• Impeding or blocking movements
• Any physical interference with normal work or movement
• Sexual gestures