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Policy on Prevention of Sexual Harassment

Parivartan Sanstha Sumthana

Policy on Prevention of Sexual Harassment (POSH) at work place

Sumthana, Post: Gangahipparga

Tehsil: Ahmedpur

District: Latur, Pin – 413515, Maharashtra, India

Developed in September 2020

Policy on Prevention of Sexual Harassment (POSH) at work place

 

The policy on prevention of sexual harassment at workplace is a statutory requirement and is guided by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (SHWW) Act, 2013.

 

Objective: The objective of this policy is to prohibit and provide protection against sexual harassment to any employee, vendors, suppliers, consultants, trainees, visitors, students, community workers etc.

 

Applicability: This policy is applicable to all employees who are on rolls or on contract, trainees, interns, suppliers or vendors, consultants, visitors, students, community workers etc. The policy covers harassment of women by men or men by women. This is a zero-tolerance policy irrespective of who is involved.

 

Acronyms:

ICC: Internal Complaints Committee

 

Definitions:

Complainant: Aggrieved person

Respondent: Against whom the Complaint is given

Employee: Individuals either on permanent rolls of ParivartanSanstha or on contract

 

Features:

 

  1. All employees in the organisation must be aware of thefollowing:
    1. Sexualharassment:

It includes any one or more of the following unwelcome acts or behavior (whether directly or indirectly) namely:

  • Physical contact and advances;or
  • A demand or request for sexualfavors;or
  • Making sexually colored remarks;or
  • Showing pornography or offensive pictures or written materials;or
  • Verbal – unpleasant or suggestive remarks, personal comments, jokes causing embarrassment, innuendos and taunts, sexist remarks (gender-based insults) and offensive telephonecalls/messages
  • Impliedorexplicitpromiseofpreferentialtreatmentinhis/heremployment;or
  • Implied or explicit threat of detrimental treatment in his/her employment;or
  • Implied or explicit threat about his/her present or future employment status;or
  • Interference with his/her work or creating an intimidating or offensive or hostile work environment for her;or
  • Humiliating treatment likely to affect his/her health orsafety
  • Any other unwelcome physical, verbal or non-verbal conduct of sexualnature.

 

  1. Workplaceincludes:
    • Within the premises of the offices/project sites
    • Any place visited by the employee whether on roll or on contract, trainees,interns arising out of or during the course of theemployment
    • Transportation provided by the Organization or during travel whether in the own vehicle or of others or hired
    • Guest house/hotel where an employee whether on rolls or on contract,traineesand interns is staying while onduty

 

  1. Internal Complaints Committee: The Internal Complaints Committee (ICC) is constituted to consider and redress complaints related to sexual harassment. The Constitution of ICC is as per the Act and includes external member from NGO or person familiar with the issues relating to sexualharassment.

 

  1. A senior female employee from theOrganization
  2. At least two members from amongst the employees who are committed to the cause of the women or the person familiar with issues relating to sexual harassment
  3. One-half of the total members must bewomen
  4. One women member from the NGO/Association who would be paid an honorarium to attend the enquiries of the Internal ComplaintsCommittee

 

Nomination: The Secretary nominates the Presiding Officer and the members of ICC.

 

Term of Office: The Presiding Officer and every member of the Internal Complaints Committee will hold the office for a period not exceeding three years from the date of the nomination.

 

The ICC is governed by the rules of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Ministry of Women & Child Development notification dated 9thDecember 2013 or any other legislation, rules or notifications as may be enacted later on.

 

III.            Redressal of Complaints: Complaints

 

  • The Internal Complaints Committee (ICC) in the Organisation is responsible for attending the complaints on cases of Sexual Harassment. The names and their contact details of the members of the ICC are available on the intranet and displayed in noticeboards.
  • Any individual who is applicable under the policy and feels is being sexually harassed may submit a complaint of the alleged incident to the ICC within 15 days from the date of the incident of sexual harassment. The complaint needs to be signed by the complainant and submitted to the Secretary and the Programme Area Head. However, if the Programme Area Head or Secretary is involved then to the Secretary. If the Secretary is involved then it may be submitted to the President All such cases are then forwarded to ICC for inquiry.
  • If the complainant is unable to make a complaint in writing, he/she should intimate the ICC and the ICC would render all reasonable assistance to the complainant for making the complaint inwriting.
  • Though it is desirable that the complaint is given within 15 days, however, there may be situations, where the complainant may not be able to file the complaint within the specified time due to compelling circumstances, in such cases, the time of giving complaint may be extended up to threemonths.
  • Where the Complainant is unable to give the complaint on account of his/her physical or mental incapacity the legal heir or such other person related to the complainant may make a written a complaint on her/his behalf to theICC.
  • The Committee maintains a register to endorse the complaint received by it and keeps the contents confidential, if it is so desired, except to use the same for discreetinvestigation.
  • ICC holds a meeting with the complainant after receipt of the complaint. The complainant will be formally intimated of the date of themeeting.
  • If the complaint does not fall under the purview of sexual harassment or the complaint is not an offence under the sexual harassment, the same is to be dealt under the disciplinary procedure of the Organization. The investigation of such complaints is not under the purview ofICC.

 

IV.            Conciliation:

 

  • The Complainant may be given an opportunity to settle the matter with the respondent through conciliation, provided monetary settlement is not the basis ofconciliation.
  • The settlement that is arrived at must be recorded and the copy of it be given to the Complainant and therespondent.
  • The Complainant may approach the ICC if the terms of settlement are not honoured. The Committee can then decide to go ahead with theenquiry.
  • If the settlement is not arrived during this conciliation process, then ICC starts the process ofenquiry

 

V.            Inquiry:

 

  • During the enquiry both parties will be given an opportunity to represent. The copies of the findings will be given to both the parties so that they can represent the committee against thefindings.
  • The ICC conducts the inquiry within seven days of the receipt of thecomplaint.
  • During the pendency of the inquiry, depending on the severity of the case, ICC may request the Management for the following during the course ofinquiry:
    • Transfer the complainant or the respondent to any other office, if possible,or
    • Grant leave to the complainant up to a period of threemonths;

The leave granted to the complainant under this section is over and above the leave that is due to him/her.

  • During the inquiry the Complainant or the Respondent may produce witnesses or documents. In such cases, the names of the witnesses and the documents to be produced are to be given to the ICC in writing. However, if there are fresh evidences to be produced the complainant or the respondent can make suchrequests.

 

VI.            Report submission and actiontaken:

 

  • ICC submits the report to Secretary within ten days of the completion of the inquiry
  • The copy of the report is given to the Complainant and theRespondent.
  • If the allegation is proved in the conciliation stage, the respondent may also be directed by the Secretary on the recommendation of ICC to make monetary payment to the complainant. The following factors may be taken into account while the Respondent is directed to pay thecomplainant:
    • Mental trauma, pain, suffering and emotional distress caused to theComplainant;
    • Loss in the career opportunity due to sexualharassment;
    • The income and financial state of therespondent;
    • Medical expenses incurred by the victim for physical or psychiatrictreatment;
    • Feasibility of such payment in lump sum or ininstallments
  • If the allegation is proved in the inquiry stage, action will be taken against the Respondent as per the Standards ofConduct;
    • A letter of warning that will be placed in the personal file of therespondent
    • Stop the increment with or without cumulativeeffect
    • Reduction inrank.
    • Termination/dismissal from the services of theOrganization.
    • Any other action that the Disciplinary Authority may deemfit.
  • During the inquiry if it is found that the allegation against the respondent is malicious or if the complainant or any other person makes such complaint knowing it to be false or produces any forged or misleading document, action will be taken against them as per the Standards of Conduct/StandingOrder.

 

                                                                                                                                 

                                                                                                                                 

  • However, if the Complainant is unable to substantiate a complaint or provide adequate proof, no action will betaken.
  • During the inquiry, if it is proved that the witness/witnesses have given false evidence or produced any forged documents, action will be taken against them in accordance with the Standards of Conduct/StandingOrder.
  • The proceedings, conciliation or the action taken etc. is to be not made public or published and the names or addresses will not be disclosed. If required, the information may be disseminated to secure justice, without disclosing the name, address, identity or any other particulars, which may lead to the identification of the aggrieved woman andwitnesses.
  • If the person who is entrusted with the duty to handle or deal with the complaint, inquiry or any recommendation or action, which has to be taken, does not comply with the above-mentioned clauses action to be taken as per the Standards ofConduct.

 

Support provided by the Management to the Complainant:

 

  • Provide a safe working environment at the workplace which also includes employees, visitors, clients or any other internal or externalindividuals
  • Provide assistance to the complainant if he/she chooses to file a complaint in relation to the offence under the Indian PenalCode.
  • Assist the complainant to initiate action under the Indian Penal code against the perpetrator who is not an employee in the workplace where the sexual harassment has takenplace.
  • Treat sexual harassment as a misconduct under the Standards ofConduct

Responsibilities:

 

Employee:

  • Participate in the POSHprogramme
  • Seek clarification on POSH including what constitutes SexualHarassment
  • Understand the process of givingcomplaint
  • Support the fellow employee if he/she is sexuallyharassed
  • Acknowledgement that the policy isunderstood

Management:

  • Encourage employees to attend the POSH Awarenessprogramme
  • Clarify doubts on POSH
  • Address employees’ concern onPOSH
  • Support employees if they are sexuallyharassed

Human Resources:

  • Organise Awareness programmes on POSH
  • POSH policy to be displayed in the Notice board andintranet
  • Annual Refresher programme onPOSH
  • Acknowledgement from all employees that they have understood the POSHPolicy
  • File acknowledgement from employees in their personalfile

 

Effective Date: These guidelines and procedures shall supersede all other earlier guidelines / rules on the subject matter and shall come into force with effect from 1 November 2020.

 

Policy Owner: Human Resources Process Owner: Human Resources Forms/Formats/Annexure- NA

 

 

Process on Prevention of Sexual Harassment (POSH) at work place

The process is implemented as per the Policy on Prevention of Sexual Harassment at work place covers both the genders i.e male and female.

 

Objective: To implement the policy across the Organisation.

 

Applicability: For the implementation of the policy Human Resources, Secretary, Management team and including Programme area Heads are responsible.

 

Acronyms:

 

ICC: Internal Complaints Committee

NGO: Non-Governmental Organisation

 

Definitions:

Complainant: Aggrieved person

Respondent: Against whom the Complaint is given

Employee: Individuals either on permanent rolls of ParivartanSansthaor on contract

 

Features:

 

  1. Constitution of the Internal Complaints Committee(ICC):

 

The Internal Complaints Committee consists of following members:

 

Sl.No

Name

Designation

1

 

Presiding Officer

2

 

Member cum Secretary

3

 

Member

4

 

Member

5

 

Independent Member

 

The list of ICC members with their contact information is available at all notice boards and intranet.

 

II.           Conduct awareness programmes on POSH policy to make all employees aware of thefollowing:

  1. What constitute SexualHarassment
  2. What constitutesWorkplace
  3. Method of givingcomplaints
  4. Organization’s support to the individual when there is acomplaint
  5. Responsibilities of employee, Management, Human Resourcesetc.

 

Human Resource is responsible for the above initiative. A quarterly report is submitted on the status to the Secretary.

 

III.            Redressal of Complaints:

 

  • The ICC in the organisation is responsible for attending to cases of Sexual Harassment.The names and their contact details of the members of the ICC are available on the notice boards and intranet. This is to be periodically updated byHR.

  • Any individual who is applicable under the policy and feels is being sexually harassed may submit a complaint of the alleged incident to the ICC within 15 days from the date of the incident of sexual harassment. The complaint needs to be signed by the complainant and submitted to Secretary and the Programme Area Head. However, if the isProgramme Area Head or Secretary is involved then to the Secretary. If the Secretary is involved then it may be submitted to the President. All such cases are then forwarded to ICC forinquiry.
  • If the complainant is unable to make a complaint in writing, he/she should intimate the ICC and the ICC would render all reasonable assistance to the complainant for making the complaint inwriting.
  • Though it is desirable that the complaint is given within 15 days, however, there may be situations, where the complainant may not be able to file the complaint within the specified time due to compelling circumstances, in such cases, the time of giving complaint may be extended up to threemonths.
  • Where the Complainant is unable to give the complaint on account of his/her physical or mental incapacity the legal heir or such other person related to the complainant may make a written a complaint on his/her behalf to theICC.
  • The Committee maintains a register to endorse the complaint received by it and keeps the contents confidential, if it is so desired, except to use the same for discreetinvestigation.
  • ICC holds a meeting with the complainant after receipt of the complaint. The complainant will be formally intimated of the date of themeeting.
  • If the complaint does not fall under the purview of sexual harassment or the complaint is not an offence under the sexual harassment, the same is to be dealt under the disciplinary procedure of the Organization. The investigation of such surveys is not under the purview of ICC.

 

HR supports the ICC members and the complainant and ensures all steps in redressal of complaint isfollowed.

 

IV.            Conciliation:

 

  • The Complainant is given an opportunity to settle the matter with the respondent through conciliation, provided monetary settlement is not the basis ofconciliation.
  • The settlement that is arrived at must be recorded and the copy of it be given to the Complainant and therespondent.
  • The Complainant may approach the Internal Complaints Committee if the terms of settlement are not honoured. The Committee can then decide to go ahead with theinquiry.
  • During the inquiry both parties will be given an opportunity to represent. The copies of the findings will be given to both the parties so that they can represent the committee against thefindings.

 

V.            Inquiry:

 

  • The committee conducts the inquiry within seven days of the receipt of thecomplaint.
  • During the pendency of the inquiry, the ICC may request the Management for the following during the course of enquiry:
    • Transfer the complainant or the respondent to any other office, if possible,or
    • Grant leave to the complainant up to a period of three months;or
    • May be given permission to work from home if it ispossible

 

The leave granted to the complainant under this section is over and above the leave that

is due to her/him.

  • During the inquiry the Complainant or the Respondent may produce witnesses or documents. In such cases, the names of the witnesses and the documents to be producedare

to be given to the ICC in writing. However, if there are fresh evidences to be produced the complainant or the respondent can make such requests.

 

Post inquiry:

 

  • On completion of the inquiry the committee submits the report on the findings withinten days after the completion of the inquiry to the Secretary. The copy of the report is given to the complainant and therespondent.
  • If the allegation against the respondent is not proved, the ICC informs the Secretary that no action is to be taken against therespondent.
  • During the inquiry if it is found that the allegation against the respondent is malicious or the complainant or any other person making such complaint has made the complaint knowing it to be false or the Complainant or any other person making the complaint produces any forgedor misleading document, the ICC may recommend the Secretary to take action against the Complainant who has made the complaint. If the Complainant is unable to substantiate a complaint or provide adequate proof,there will be noaction.
  • During the inquiry, if it is proved that the witness/witnesses have given false evidence or produced any forged documents, the ICCwill recommend to the Secretary to take action in accordance with the Standards ofConduct;
    • A letter of warning that will be placed in the personal file of the respondent
    • Stop the increment with or without cumulativeeffect
    • Reduction inrank.
    • Termination/dismissal from the services of theCompany.
    • Any other action that the Disciplinary Authority may deemfit.
  • For deciding the amount to be paid by the Respondent to the complainant following factors may be taken intoaccount:
    • The mental trauma, pain, suffering and emotional distress caused to the Complainant;
    • The loss in the career opportunity due to sexualharassment;
    • The income and financial state of therespondent;
    • Medical expenses incurred by the victim for physical or psychiatric treatment;
    • Feasibility of such payment in lump sum or ininstallments
  • According to the provision of the Rights to information Act 2005,the contents of the inquiry, the proceedings, conciliation or the action taken etc. is not be made public or published and the names or addresses should not be disclosed. If required, the information may be disseminated to secure justice, without disclosing the name, address, identity or any other particulars, whichmay lead to the identification of the aggrieved woman andwitnesses.
  • If the person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendation or action to be taken under the provision of this Act, does not comply with the above-mentioned clauses action is taken as per the Standards ofconduct.

 

Secretaryensures that the process mentioned above is followed.

 

Human Resources ensure the following:

  • Copy of the report is given to the complainant and therespondent
  • That action is taken, if the wrong allegation is made by the complainant or any other person or thewitnesses
  • Any other action that needs to be taken as per the report submitted by theICC

At the overall level, HR maintains all documentation on the above and follow-up on the terms of settlement and submits a quarterly report to Secretary.

 

Duties of the Secretary/Sr. Management:

 

  • Provide a safe working environment at the workplace which also includes employees, visitors, clients or any other internal or externalindividuals
  • Provide necessary facilities to the ICC for dealing with the complaint and conducting the enquiry
  • Include all the cases of sexual harassment and the action taken in the AnnualReport
  • Treat sexual harassment as a misconduct under the Standards ofConduct

Duties of the HR:

 

  • Display at conspicuous place in the workplace, the penal consequences of sexual harassment.
  • Organise workshops and awareness programmes at regular intervals for sensitizing the employees about thepolicy
  • Organise orientation programmes for the members ofICC
  • Assist in securing the attendance of the respondent and the witnesses before theICC
  • Provide assistance to the Complainant if he/she chooses to file a complaint in relation to the offence under the Indian PenalCode.
  • Assist the Complainant to initiate action under the Indian Penal code against the perpetrator who is not an employee in the workplace where the sexual harassment has takenplace.
  • Monitor the timely submission of reports by the Internal ComplaintsCommittee
  • The POSH policy is to be communicated to all the external collaborators, Interns etc. and an undertaking taken fromthem.

 

Definitions:

 

ICC: Internal Complaints Committee

Complainant: Aggrieved person

Respondent: Against whom the Complaint is given

 

Effective Date

 

These guidelines and procedures shall supersede all other earlier guidelines / rules on the subject matter and shall come into force with effect from 1 November 2020

 

Policy Owner: Human Resources Process Owner: Human Resources Forms/Formats/Annexure- NA