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Contact us

Or Call +1218-302-1460

Objective:

  • To promote a safe work and learning environment where no person shall be subjected to sexual harassment.
  • To define a clear streamlined process for complaint redress on matters pertaining to sexual harassment, consistent with the law of the land.
  • To promote a work and learning environment that has zero tolerance forsexual harassment.

This Policy has been made in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” (“Act”) and its accompanying Rules. While the Policy is in accordance with the said Act and Rules, the Act shall prevail in the event of any inconsistency between the Policy and the Act/Rules.

Applicability:

The POSH Policy at workplace covers all women employees, including permanent, temporary, contractual, and probationary employees of an organization. It also covers interns, volunteers, and other women engaged in work-related activities under the control and supervision of the organization.

Definitions

1. Sexual Harassment:

The following shall constitute ‘sexual harassment’:

Any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

  • 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

If such unwelcome act or behaviour specified in a) above is proved, the following circumstances, if they occur or are present in relation to or connected with such unwelcome acts or behaviour specified in a) above, shall constitute sexual harassment:

  • Implied or explicit promise of preferential treatment in his/her employment; or
  • Implied or explicit threat of detrimental treatment in his/her employment; or
  • Interference with his/her work or creating an intimidating or offensive or hostile work environment for him/her; or
  • Humiliating treatment likely to affect his/her health or safety.

2. Aggrieved Person:

In relation to a ‘workplace’ (as per the Act), a person to whom this Policy applies, who alleges to have been subjected to any act of Sexual Harassment by the Respondent.

3. Respondent:

The Respondent is the person against whom the Aggrieved Person has made a Complaint.

4. Internal Committee (“IC” or “Committee”):

a) Committee was formed for a redress of complaints of Sexual Harassment in accordance with the procedure laid down in this Policy consistent with the Act and Rules.

b) The IC at each location comprises:

  • Presiding Officer/Chairperson: A woman employed at a senior level in the institution.
  • At least 2 members from amongst employees, committed to the cause of women and/or have legal knowledge.
  • One external member, familiar with the issues relating to sexual harassment.
  • At least one-half of the total members are women.

5. Other definitions are as per Act:

“workplace” includes—

  • Any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local a government company or a corporation or a co-operative society.
  • Any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit, or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service.
  • Hospitals or nursing homes.
  • Any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
  • Any place visited on duty by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
  • A dwelling place or a house.

The above definition of the workplace also extends to working from home, irrespective of where the staff member is situated.

Sexual Harassment Complaint Process:

Lodging a Complaint

  • The Aggrieved Person needs to submit a detailed written Complaint, along with any documentary evidence available and/or names of witnesses, to any of the Committee members at the workplace, or by an email sent to posh@buyerforesight.com. A written complaint by the Aggrieved Person is a prerequisite for the complaint to be taken up by the Committee.
  • The complaint must be lodged as soon as possible after the occurrence of the alleged incident of sexual harassment, and within a maximum of three (3) months from the date of the incident and in case of a series of incidents, within a period of three (3) months from the date of the last incident.
  • The Presiding Officer and/or any Member of the IC shall render all reasonable assistance to the Aggrieved Person so that the Complaint is made in writing with supporting documents in the prescribed manner.

Resolution procedure through Conciliation

  • Once the Complaint is received, before initiating an inquiry, the Committee may take steps, at the request of the Aggrieved Person, to settle the matter between the Aggrieved Person and the Respondent. This process will be undertaken only if so requested by the Aggrieved Person.
  • Conciliation in itself, does not necessarily mean acceptance of the Complaint by the Respondent. It is a practical mechanism through which issues are resolved or misunderstandings are cleared.
  • No monetary settlement shall be made as a basis of conciliation.
  • In case a settlement is arrived at, the Committee records & reports the same to the employer.
  • The Committee provides copies of the settlement to the Aggrieved Person & the respondent. Once the action is implemented, no further investigation is conducted.

Resolution procedure through Inquiry

Conducting Inquiry

The Committee will initiate an inquiry in the following cases:

  • No conciliation is requested by the Aggrieved Person, or
  • Conciliation has not resulted in any settlement; or
  • The Aggrieved Person informs the Committee that any term or condition of the settlement arrived through conciliation, has not been complied with, by the Respondent.
  • If the Committee, after a prima facie analysis of facts decides by the majority that this is a case that merits further inquiry.

Inquiry Process (timelines specified below)

  • The Aggrieved Person should submit the Complaint along with supporting documents and the names of the witnesses (6 copies).
  • Upon receipt of the Complaint, the Committee will send 1 copy of the complaint to the Respondent within a period of seven (7) working days.
  • The Respondent will reply to the Complaint with all supporting documents including names of witnesses within a period not exceeding ten (10) working
    days from the date of receipt of the documents specified under sub-clause b above.
  • No legal practitioner can represent any party at any stage of the investigation process.
  • The IC will investigate the complaint in accordance with the principles of natural justice, consistent with this Policy, the Act, and the Rules.
  • In conducting the investigation, a minimum of three (3) Committee members including the Presiding Officer and external members will be personally present.

Interim relief

During the pendency of the investigation process or till recommendations are made, upon a written request made by the Aggrieved Person, the Committee may also provide for interim relief by recommending to the Management to

  • Transfer the Aggrieved Person or the Respondent for the time being.
  • Grant leave to the Aggrieved Person of maximum 3 months, in addition to the leave the aggrieved Person would be otherwise entitled.
  • If there exists a supervisory relationship between the Respondent and the Aggrieved Person, prevent the Respondent from assessing the Aggrieved
    Person’s work performance.
  • Grant such other relief as may be appropriate and consistent with the principles of natural justice.

In recommending such interim relief, care will be taken to prevent any disadvantage to, or victimization of, either the Aggrieved Person or the Respondent.

Termination of Investigation

The IC may terminate the investigation or give an ex-parte decision if the Aggrieved Person or the Respondent respectively is absent for 3 consecutive hearings, without reason. A written notice of 15 days shall be given to the party absent, before such termination or ex-parte order.

Considerations to be kept in mind by the Committee:

Dealing with alleged incidents of Sexual Harassment requires sensitivity. The Aggrieved Person may be embarrassed and distressed. Tact and discretion is advised while receiving the Complaint. Adhering to principles of natural justice is necessary, keeping in mind both the Respondent and the Aggrieved Person.

The following points will be kept in mind by the Committee:

  • Complaints will be listened to with care and sensitivity. The Aggrieved Person will be informed that the institution takes the concerns seriously. The Aggrieved Person will be informed that speedy follow-up will be undertaken.
  • Situations will not be pre-judged, and no prior determination of guilt/innocence will be made without a full investigation process. Care will be taken to prevent any disadvantage to or victimization of either the Aggrieved Person or the Respondent.
  • Written notes will be taken while listening to the Aggrieved Person. When taking accurate notes, the Aggrieved Person’s own words, where possible, will be used. A clear description of the incident in simple and direct terms will be prepared and details will be confirmed with the Aggrieved Person.
  • All notes will be kept strictly confidential. However, the Aggrieved Person will be advised that although the process is confidential, the Respondent will need to be informed. Further, witnesses will also learn of the Aggrieved Person’s and Respondent’s identity. Such witnesses will also be advised that they are under obligation to keep the identity of the Aggrieved Person and Respondent confidential. They will sign a written statement on confidentiality.

Considerations to be adhered to while preparing the Investigation Report:

  • If the Committee has adhered to the principles of natural justice, the Act, and the Rules, and in particular if both parties have been provided the sufficient opportunity of being heard and presenting their respective cases?
  • If the alleged act qualifies as ‘sexual harassment’ as defined under this Policy?
  • If logical inference can be drawn as per reasonable standards, of the veracity of the alleged incident from the evidence adduced, i.e. if the evidence is credible by reasonable standards of judgment?
  • If there are prior incidents of proven sexual harassment on the part of the Respondent/Aggrieved Person, as part of earlier Committee proceedings and report? This is only to determine the quantum of punishment, if any as applicable and will not be a factor to ascertain or establish innocence or guilt in the particular case at hand before the Committee.
  • If there are any extraneous factors unrelated to the incident which play a part as per reasonable standards of judgment (such as supervisor relationship/adverse review etc)?

The Report will specify the following details:

  • Details of Written Complaint of Aggrieved Person.
  • Details of Written Response of Respondent.
  • Steps were taken pre-investigation if any.
  • Details of investigation process (such as dates of meetings)
  • Decision taken with reasons.
  • Recommendation if any with reasons.

A copy of the final report will be shared with both the Aggrieved and the Respondent to give them an opportunity to make a representation against the findings if they wish to, with supporting information. The Committee is not bound to initiate a fresh investigation process unless there are new facts adduced or new claims made on the veracity of the evidence provided.

Redress

It is to be noted that sexual harassment can lead to penal consequences.

Possible Disciplinary Actions as an outcome of Investigation

Where allegations are not proved, the Internal Committee shall recommend to the institution that no action is required and close the case with all the parties who were involved.

Where the allegations are proved:

  • Take action depending on the nature of the offense, including – undergoing a counseling session, demanding a written apology, issuing a warning, reprimand or censure, withholding of promotion, withholding of pay rise or
    increments or bonus, or finally, terminating the respondent from service; or
  • Deduct from the salary or wages of the Respondent such sum as it may consider appropriate to be paid to the Aggrieved Person

Where allegations are found to be false, or malicious, or the alleged document is found to be forged/false evidence or misleading, the IC may recommend the Management to take action against the complainant/Aggrieved Person as it may deem necessary. A mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant/Aggrieved Person. A complaint that lacks adequate evidence will not be considered a false complaint, but a complaint that is non-conclusive.

Appeal

Any person aggrieved from the recommendations made by the Internal Committee or non-implementation of such recommendations may prefer an appeal to the appellate authority. The appellate Authority shall be referred to the Labor department in that state or maybe appointed internally by the
Management.

Timelines as per the ACT

Submission of Complaint

Within 90 days of the last incident

Notice to the Respondent

Within 7 working days of receiving a copy of the complaint

Response from Respondent

Within 10 working days

Completion of Inquiry

Within 90 days

Submission of Report by IC to Management

Within 10 days of completion of the inquiry

Management to act upon recommendations

Within 60 days

Appeal

Within 90 days of the recommendations

Internal Committee (IC)

Name Designation E-mail
Senjuti Ghosh Presiding Officer senjuti@buyerforesight.com
Sumathi Nagarajan Internal Member sumathi.nagarajan@buyerforesight.com
Rajarshi Dhar Internal Member rajarshi.dhar@buyerforesight.com
Soumi Guha External Member soumigt@gmail.com