POLICY ON PREVENTION OF SEXUAL HARASSMENT (POSH) AT WORKPLACE

PURPOSE:

To create and maintain safe work environment, free form sexual harassment & discrimination for all employees, as per the guidelines of “The Sexual harassment of women at workplace (prevention, prohibition & redressal) Act, 2013.

POLICY:

Navriti is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work including sexual harassment. Navriti will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment. All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.

COMMITMENT:

Navriti is committed to providing a work environment that ensures every employee is treated with dignity and respect and afforded equitable treatment. Navriti is also committed to promoting a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity. The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.

SCOPE:

This policy applies to all employees (full-time, part-time, trainees and those on contractual assignments) of the Company including all subsidiaries and affiliated companies at their workplace or at client sites. The Company will not tolerate sexual harassment, if engaged in by clients or by suppliers or any other business associates.

The workplace includes:

• All offices or other premises where the Company’s business is conducted.
• All company-related activities performed at any other site away from the Company’s premises.

Any social, business or other functions where the conduct or comments may have an adverse impact on the workplace or workplace relations.

DEFINITION OF TERMS:

1. “Complainant” means, in relation to a workplace, a man or a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent;
2. “Respondent” means a person against whom the complainant has made a complaint.
3. “Employer” means, and includes
   1.  Management
   2. Any person(s) or board or committee responsible for the formulation and administration of policies that enables management, supervision and control of the workplace.
4. “Employee” includes all categories of employees of Navriti Technologies either working part-time or full time:
   1. 1. Employees on rolls;
      2. Temporary employees;
      3. Trainees;
      4. Contract employees;
      5. Consultants
      6. Advisers
5. “Internal Complaints Committee (ICC)” means a Committee constituted by the employer for the purpose of dealing with all matters in relation to or connected with sexual harassment at the work place.
6. “Sexual Harassment” may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of sexual nature (whether directly or by implication) namely:
   1. Physical contact & sexual advances;
   2. Demand or request for sexual favours;
   3. Sexually- coloured remarks;
   4. Showing pornography;
   5. Any other unwelcome physical, verbal or non-verbal or written conduct of a sexual nature.

RESPONSIBILITIES REGARDING SEXUAL HARASSMENT:

A. Responsibility of Employer:

I. Notification: The employer has notified the constitution of the ICC and the penal consequences of Sexual Harassment. The notification is circulated to all staff by email. The Notification is also displayed at prominent places in Navriti Technologies Office premises.

II. Provide necessary facilities & assistance to the ICC: The employer shall provide all the required infrastructure, facilities and assistance for dealing with the complaint and conducting an inquiry.

III. Provide assistance to complainant: Employer shall offer Assistance to the complainant if he/she so chooses to file a complaint in relation to the offence under the Indian Penal Code (IPC) or any other law.

IV. Initiate action under IPC: Employer shall cause to initiate action under the IPC or any other law against the perpetrator, or if the complainant so desires, where the person is not an employee, in the workplace at which the incident of sexual harassment took place.

V. Treat Sexual Harassment at work place as misconduct: Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct.

B. Responsibilities of Employees:

1. All employees of the Organization have a personal responsibility to ensure that their behavior is in compliance with this policy.

2. All employees are encouraged to reinforce the maintenance of a work environment free from sexual harassment. That is, an employee who notices any kind of sexual harassment against any co-employee or receives any information in good faith about any kind of sexual harassment at the workplace is also encouraged to report such incidents.

C. Roles & Responsibilities of ICC:

1. ICC shall ensure effective implementation of the Prevention of Sexual Harassment (POSH) policy of the organization.
2. ICC may at periodic intervals organize workshops and training programs on sexual harassment in conjunction with the Human Resources department.
3. ICC may at periodic intervals formulate programs for creating awareness of the policy amongst the employer and employees of the organization
4. ICC may from time to time bring out internal publications on Prevention of Sexual harassment and also matters concerning implementation of this policy.
5. ICC shall prepare an Annual Report on its functioning and submit the same to the employer every year.
6. ICC shall conduct an inquiry into complaint according to the procedures established by law.
7. ICC shall ensure and supervise proper constitution and functioning of the Sub-Committee for investigation of complaints.
8. ICC shall take into consideration and discuss on each and every instance of sexual harassment that the organization may have come across, including during exit interviews, gossips, rumors.
9. ICC shall recommend to the employer to take appropriate preventive steps from time to time.

COMPLAINTS COMMITTEE:

In accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”, the management of the company is pleased to constitute an Internal Complaints Committee named as “Complaints Committee” as under to prevent the cases of sexual harassment and to provide mechanism for the resolution of complaints of sexual harassment within fixed time limit of such complaints at the work place at Navriti Technologies Pvt. Ltd.

Initially, and till further notice, the Complaints Committee will comprise of the following 5 members:

1. Presiding Officer: Shall be a woman employed at a senior level at the workplace or from HR function.
2. Senior Woman Employee from any department/function (Woman Member)
3. Woman/Male employee from any other department/function. (Member)
4. Divisional / Plant Personnel Head / Branch Commercial Manager or any other senior employee of the Division/ location from where the complaint can be originated (Member)
5. Member from an NGO or Lawyer (External Member)

The Presiding Officer reserves the right to nominate more members of appropriate seniority and rank in the committee to conduct such enquiries to ensure equal representation of the gender as that of the complainant or for any other valid reason.

 The Complaints Committee is responsible for:

• Investigating every formal written complaint of sexual harassment.
• Recommending appropriate remedial measures to respond to any substantiated allegations of sexual harassment
• Discouraging and preventing employment-related sexual harassment and to make recommendations to the employer in this regard.

Current nominated members of the committees are given in Annexure: A. The tenure of the members of the Committee is for three years from 1^st December 2018.

REDRESSAL MECHANISM:

1. Informal Resolution Options:
2. When an incident of sexual harassment occurs, the victim of such conduct can communicate his/her disapproval and objections immediately to the harasser and request the harasser to behave appropriately.
3. If the harassment does not stop or if the victim is not comfortable with addressing the harasser directly, she/he can bring her/his concern to the attention of the ICC for redressal of his/her grievances.

III. ICC will thereafter provide advice or extend support as requested and will undertake prompt investigation to resolve the matter.

1. Formal Complaints:

A complaint shall be submitted in writing (either email or sealed envelope) to any member of the Internal Committee mentioned herein within 3 months of occurrence of an act of Sexual Harassment along with supporting documents if any, and the names and addresses of the witnesses.

The complainant is required to disclose the following to enable the Presiding Officer to contact him/her and take the matter forward:

• The full name and address of the complainant;
• The full name and address of the respondent;
• A specification of the charge or charges;
• A brief statement of the relevant and material facts.

If the respondent is the direct supervisor of the complainant, or person influencing the career growth of the complainant, the reporting structure will be changed till the time the enquiry is completed.

If the aggrieved person is unable to lodge the complaint on account of his/her incapacity, the following may do so on his/her behalf, with his/her written consent.

Legal heir, relative or friend

Co-worker

Any person having the knowledge of the incident

RESOLUTION PROCEDURE:

1. Conciliation:

Once the complaint is received, before initiating the inquiry, the committee may take steps to conciliate the complaint between the complainant and the respondent. This is only if requested by the aggrieved person.

It is made clear to all parties that conciliation in itself doesn’t necessarily mean acceptance of complaint by the respondent. It is a practical mechanism through which issues are resolved or misunderstandings cleared. In case a settlement is arrived at, the committee records & reports the same to the employer for taking appropriate action. Resolution through conciliation happens within 2 weeks of receipt of complaint. The committee provides copies of the settlement to the complainant & respondent. Once the action is implemented, no further inquiry is conducted.

1.  Formal Inquiry:

1. Within 3 working days, the Internal committee shall commence Official Internal Enquiry by:
2. By informing the said complaint to the Respondent within 7 working days.
3. By instructing to stop the alleged act of Sexual Harassment immediately

• By informing not to reach out to the complainant directly or indirectly

1. By asking an immediate explanation from him/her to the same with all supporting documents within 10 working days of receiving the copy of the complaint.
2. Within 15 days from receipt of the original complaint, the Internal Committee shall record and accordingly communicate in writing to the Complainant and the Respondent, its prima facie findings, upon giving the concerned parties a fair and due opportunity to represent themselves and upon conducting fact finding, truth verification and counselling sessions with persons involved in alleged act(s).
3. A complaint will be closed no later than one month from receipt of original complaint by recording the decisions of the internal committee, accordingly informing the complainant and the Respondent of the same.
4. Employees are duty bound to assist in investigative steps, employees’ wholehearted participation shall be mandatory in this regard. Whistle-blowers shall be protected from exposure, retaliation or hostility.
5. 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.

FINDINGS OF COMPLAINTS COMMITTEE:

Complaint unsubstantiated:

When the committee arrives at the conclusion that the allegation against the respondent has not been proved, it recommends to the employer that no action is required to be taken in this matter.

Further, the committee ensures that both parties understand that the matter has been fully investigated, that the matter is now concluded and neither will be disadvantaged within the company.

Complaint substantiated:

Where the committee arrives at the conclusion that the allegation against the respondent has been proved, it recommends to the employer to take necessary action for sexual harassment as misconduct, in accordance with the applicable service rules and policies, and this may include:

1. Counselling
2. Censure or reprimand

III. Apology to be tendered by respondent

1. Written warning
2. Withholding promotion and/or increments
3. Suspension

VII. Termination

VIII. Or any other action that the Management may deem fit.

The employer at Navriti Technologies Pvt. Ltd. acts upon the recommendations within 60 days and confirms to the committee.

Post implementation of the actions, follow up with the complainant occurs to ascertain whether the behaviour has in fact stopped, the solution is working satisfactorily and if no victimization of either party is occurring. This follow up is undertaken by the complainant’s Line Manager supported by HR.

Malicious Allegations:

Where the committee arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer to take action against the woman or the person making the complaint.

The action recommended should be similar to the ones proposed for the respondent in case of substantiated complaints.

While deciding malicious intent, the committee should consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be clearly established through a separate inquiry

CONFIDENTIALITY:

The Company understands that it is difficult for the victim to come forward with a complaint of sexual harassment and recognizes the victim’s interest in keeping the matter confidential. To protect the interests of the victim, the accused person and others who may report incidents of sexual harassment, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances.

 ACCESS TO REPORTS AND DOCUMENTS:

All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Company except where disclosure is required under disciplinary or other remedial processes.

PROTECTION TO COMPLAINANT / VICTIM:

The Company is committed to ensuring that no employee who brings forward a harassment concern is subject to any form of reprisal. Any reprisal will be subject to disciplinary action.

The Company will ensure that the victim or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

However, anyone who abuses the procedure (for example, by maliciously putting an allegation knowing it to be untrue) will be subject to disciplinary action.

REVISIONS TO THE POLICY:

The Employer/ICC may review or modify this Policy, if so required, in order to make the enforcement of the Policy more expedient or to accommodate any changes in the law.

CONCLUSION:

In conclusion, the Organization reiterates its commitment to providing all its employees, a workplace free from harassment/ discrimination and where every employee is treated with dignity and respect.

COMPLAINT COMMITTEE (CC):

The following members are nominated to constitute a Complaint Committee for Navriti Technologies. This Complaint Committee is effective from 1st December 2018. The tenure of the members of the committee is for three years from 1st December 2018.  The Employer shall reconstitute the committee after 3 years from the date of formation of CC. In the event vacancy arises due to resignation, voluntary withdrawal or otherwise by any member of CC before the expiry of tenure, Employer shall exercise its right to reconstitute the committee within (15) fifteen working days from the date when such a vacancy arises.

I, Mrinal Kumar (Director) of Navriti Technologies Pvt Ltd, solemnly certify that Navriti Technologies Pvt Ltd is registered as an Assessment Agency under Companies Act, 1956. We at Navriti Technologies Pvt Ltd, have a team who remains equipped to handle issues arising (if any) under the POSH Act.

We have attached a detailed policy for your kind reference