POSH (Prevention of Sexual Harassment) Policy - Form Pro · IN-law
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POLICY ON PREVENTION, PROHIBITION AND REDRESSAL OF SEXUAL HARASSMENT AT THE WORKPLACE
(Framed in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Rules made thereunder)
This Policy on Prevention, Prohibition and Redressal of Sexual Harassment at the Workplace ("Policy") is effective from ________ ("Effective Date") and is adopted by ________, a company incorporated under the Companies Act, 2013 and having its registered office at ________ (CIN: ________), and applies to ________, its subsidiaries and joint ventures over which it exercises management control (collectively, "We", "Us", "Our", the "Company").
The Company is committed to creating a safe and dignified work environment free from any form of sexual harassment, in which all persons are treated with dignity and respect, in furtherance of the fundamental rights guaranteed under Articles 14, 15, 19(1)(g) and 21 of the Constitution of India.
In accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Act"/"POSH Act") and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ("Rules"), the Company has framed and adopted this Policy. While this Policy reflects the key requirements of the Act, in the event of any inconsistency the provisions of the Act and the Rules shall prevail.
This Policy aims to prohibit, prevent and deter the commission of acts of sexual harassment at the Workplace and to provide a fair and time-bound procedure for the redressal of complaints relating to sexual harassment.
§ 1. APPLICABILITY
1.1. This Policy extends to all employees of the Company, whether employed on a regular, temporary, ad-hoc or daily wage basis, directly or through an agent (including a contractor), with or without the knowledge of the principal employer, for remuneration or not, and whether on a voluntary basis or otherwise, and whether the terms of employment are express or implied.
1.2. This Policy further extends to any person who is not an employee of the Company but who may be affected in the course of any activity related to the work of the Company, or which is carried out within or through the premises used for the execution of the Company's work or day-to-day operations, including visitors, customers, clients, vendors and contractors.
§ 2. SCOPE
The scope of this Policy extends to all Workplaces, including all offices, branches, departments, units and project locations, as well as any external location visited by an employee arising out of or during the course of employment, and any accommodation or transportation provided by the Company for undertaking such journey.
§ 3. DEFINITIONS
3.1. "Aggrieved Woman" means, in relation to a Workplace, a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the Respondent, and includes contractual and temporary employees and visitors.
3.2. "Complainant" means the Aggrieved Woman, or a person having knowledge of the incident and the consent of the Aggrieved Woman to file a complaint, or the legal heir or authorised representative of a deceased or incapacitated Aggrieved Woman, in accordance with Rule 6 of the Rules.
3.3. "District Officer" means the officer notified by the appropriate Government under Section 5 of the Act for the relevant district to exercise powers and discharge functions under the Act.
3.5. "Employer" means the person responsible for the management, supervision and control of the Company's work and Workplace, within the meaning of Section 2(g) of the Act.
3.6. "IC" or "Internal Committee" means the Internal Committee constituted under Section 4 of the Act.
3.7. "Member" means a Member of the Internal Committee.
3.8. "Presiding Officer" means the Presiding Officer of the Internal Committee, who shall be a woman employed at a senior level at the Workplace from amongst the employees.
3.9. "Respondent" means a person against whom a complaint of sexual harassment has been made by the Aggrieved Woman.
3.10. "Parties" means collectively the Complainant and the Respondent.
3.11. "Workplace" means any establishment, enterprise, institution, office, branch, premises, location or unit established, owned or controlled by the Company, and any place visited by an employee arising out of or during the course of employment, including accommodation and transportation provided by the Employer for undertaking such journey, within the meaning of Section 2(o) of the Act.
§ 4. ROLES AND RESPONSIBILITIES
4.1. All personnel are expected to respect the rights of others and to refrain from encouraging or condoning any form of harassment.
4.2. All personnel are encouraged to advise others of unwelcome behaviour and to deter others from engaging in any such conduct.
4.3. All managers at the Company shall ensure that no person is subjected to harassment and that equal treatment prevails at all levels. They shall sensitise employees to unwelcome conduct and warn them of the consequences of such conduct.
§ 5. SEXUAL HARASSMENT
5.1. "Sexual harassment" includes any one or more of the following unwelcome acts or behaviour, whether directly or by implication:
5.1.1. physical contact and advances;
5.1.2. a demand or request for sexual favours;
5.1.3. making sexually coloured remarks;
5.1.4. showing pornography; or
5.1.5. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
5.2. The following circumstances, among others, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment, may amount to sexual harassment:
5.2.1. an implied or explicit promise of preferential treatment in employment;
5.2.2. an implied or explicit threat of detrimental treatment in employment;
5.2.3. an implied or explicit threat regarding present or future employment status;
5.2.4. interference with work or the creation of an intimidating, offensive or hostile work environment; or
5.2.5. humiliating treatment likely to affect the health or safety of the Aggrieved Woman.
§ 6. INTERNAL COMMITTEE
6.1. In accordance with Section 4 of the Act, an Internal Committee ("IC") is constituted by an order in writing at each office, branch or unit of the Company. Where such office, branch or unit is located at different places or divisional or sub-divisional levels, an IC shall be constituted at each such administrative unit or office.
6.2. The Internal Committee shall consist of the following Members nominated by the Employer:
6.2.1. a Presiding Officer who shall be a woman employed at a senior level at the Workplace from amongst the employees;
6.2.2. not less than two Members from amongst the employees, preferably committed to the cause of women or having experience in social work or legal knowledge;
6.2.3. one external Member from amongst non-governmental organisations or associations committed to the cause of women, or a person familiar with issues relating to sexual harassment.
6.3. At least one-half of the total Members so nominated shall be women.
6.4. The Members of the IC should be sensitive to issues pertaining to gender-based violence and should possess good credibility and competence to handle grievance procedures.
6.5. The Presiding Officer and every Member of the IC shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the Employer.
6.6. The external Member shall be paid such fees or allowances for holding the proceedings of the IC as may be prescribed under the Rules and as fixed by the Company.
6.7. The IC is responsible for:
6.7.1. receiving complaints of sexual harassment at the Workplace;
6.7.2. initiating the inquiry and procedure as per this Policy and the Act;
6.7.3. submitting its report and recommendations to the management;
6.7.4. coordinating with the management in implementing appropriate action;
6.7.5. maintaining strict confidentiality throughout the process as per this Policy and Section 16 of the Act; and
6.7.6. preparing and submitting the annual report in the prescribed format.
6.8. In accordance with Section 11(3) of the Act, the IC shall, while inquiring into a complaint of sexual harassment, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of:
6.8.1. summoning and enforcing the attendance of any person and examining him on oath;
6.8.2. requiring the discovery and production of documents; and
6.8.3. any other matter as may be prescribed.
6.9. In accordance with Section 11(4) of the Act, the inquiry shall be conducted in accordance with the principles of natural justice.
6.10. The Presiding Officer or any Member of the IC shall be removed and replaced where such person:
6.10.1. contravenes the provisions of Section 16 of the Act or this Policy;
6.10.2. has been convicted of an offence, or against whom an inquiry into an offence under any law for the time being in force is pending;
6.10.3. has been found guilty in any disciplinary proceedings, or against whom disciplinary proceedings are pending; or
6.10.4. has so abused his or her position as to render continuance in office prejudicial to the public interest.
§ 7. LODGING A COMPLAINT
7.1. Any Aggrieved Woman may make a written complaint of sexual harassment at the Workplace (in six copies) to the IC, along with any supporting documents and the names and addresses of witnesses, within three months from the date of the incident, and in the case of a series of incidents, within three months from the date of the last incident.
7.2. Where the Aggrieved Woman is unable to make the complaint in writing, the Presiding Officer or any Member of the IC shall render all reasonable assistance for making the complaint in writing.
7.3. The IC may, for reasons to be recorded in writing, extend the time limit for filing a complaint by a further period not exceeding three months, if satisfied that the circumstances prevented the Aggrieved Woman from filing within the said period.
7.4. Prompt reporting of any untoward incident at the Workplace is encouraged to enable a thorough investigation and timely action.
7.5. Although no particular form is prescribed for a complaint, the Complainant is advised to:
7.5.1. submit the complaint to the Members of the IC and not to the Employer or HR representative;
7.5.2. set out the complaint in simple language;
7.5.3. include details of the exact incident, date, time, place and witnesses;
7.5.4. describe the circumstances preceding and following the incident;
7.5.5. state whether the Complainant responded to or resisted the actions of the Respondent, and the details thereof;
7.5.6. submit all available supporting evidence, including relevant emails, screenshots of SMS, WhatsApp or other social media messages, call records, photographs and recordings;
7.5.7. refrain from stating any false or incorrect facts; and
7.5.8. state the relief sought.
7.6. Where the Aggrieved Woman is unable to make a complaint on account of physical or mental incapacity, or death, or otherwise, the complaint may be made by such persons as are specified in Rule 6 of the Rules, including her legal heir.
7.7. The complaint may be submitted to the IC in writing or electronically at the following email address: ________, or physically to any Member of the IC.
7.8. Where a complaint is received by any person other than a Member of the IC, such recipient shall forthwith forward the complaint to the IC.
7.9. Where a complaint is made against a guest or any other person who is not an Employee of the Company, the IC shall advise the Complainant of her right to file a complaint with the police. The decision to lodge a police complaint rests with the Complainant, and the Company shall extend all support in this regard.
7.10. Upon receipt of the complaint, the IC shall send one copy of the complaint to the Respondent within seven working days.
7.11. The Respondent shall file his reply to the complaint, together with a list of supporting documents and the names and addresses of witnesses, within ten working days of receipt of the copy of the complaint.
7.12. The IC shall maintain a register to record the complaints received and shall keep the contents confidential except insofar as necessary for a discreet investigation.
§ 8. RECEIVING A COMPLAINT
8.1. The recipient of a complaint shall observe the following:
8.1.1. ensure that the complaint is heard completely and without prejudice;
8.1.2. inform the Complainant that proper escalation, investigation and prompt action will be taken on the complaint; and
8.1.3. where possible, record the complaint as narrated by the Complainant and obtain the Complainant's confirmation and signature thereon.
§ 9. CONCILIATION
9.1. In accordance with Section 10 of the Act, the IC may, before initiating an inquiry and at the request of the Aggrieved Woman, take steps to settle the matter between her and the Respondent through conciliation, provided that no monetary settlement shall be made the basis of such conciliation.
9.2. Where a settlement is arrived at through conciliation, the IC shall record the settlement and forward it to the Employer to take action as recommended, and no further inquiry shall be conducted on the said incident.
9.3. Copies of the settlement so recorded shall be provided to both the Complainant and the Respondent.
9.4. Where the Aggrieved Woman informs the IC that any term of the settlement has not been complied with by the Respondent, the IC shall proceed to conduct an inquiry into the complaint, or forward the complaint to the police, as the case may be.
§ 10. INQUIRY INTO COMPLAINT
10.1. The IC shall initiate an inquiry where:
10.1.1. no conciliation is requested by the Complainant;
10.1.2. conciliation initiated has not resulted in a settlement; or
10.1.3. the Complainant informs the IC of the failure of the Respondent to comply with the terms of the settlement.
10.2. The inquiry shall be conducted in the following manner:
10.2.1. the Complainant shall submit the written complaint (in six copies) along with supporting documents and the names and addresses of witnesses to the IC;
10.2.2. the IC shall send a copy of the complaint to the Respondent within seven working days;
10.2.3. the Respondent shall file his reply, along with supporting documents and the names and addresses of witnesses, within ten working days of receipt of the complaint;
10.2.4. the IC shall provide both Parties a reasonable opportunity to present and defend their respective cases;
10.2.5. the inquiry shall be completed within a period of ninety days from the date of the complaint;
10.2.6. no legal practitioner shall be permitted to represent any Party at any stage of the proceedings before the IC;
10.2.7. all statements made before the IC shall be minuted and signed by the person making the statement;
10.2.8. every Employee shall respond to the queries of the IC honestly and present facts in an objective and unbiased manner;
10.2.9. the inquiry shall be conducted in accordance with the principles of natural justice and the Respondent shall be afforded a fair opportunity of being heard;
10.2.10. where the conduct constitutes a specific offence under the Bharatiya Nyaya Sanhita, 2023 or any other law for the time being in force, the IC shall forthwith inform the Aggrieved Woman of her right to initiate action with the appropriate authority and render guidance and support, and any such action shall be in addition to proceedings under this Policy;
10.2.11. a minimum of three Members, including the Presiding Officer, shall be present for the conduct of the inquiry;
10.2.12. where either Party fails, without sufficient cause, to attend three consecutive hearings convened by the Presiding Officer, the IC may, after giving fifteen days' notice in writing, terminate the inquiry or proceed ex parte, provided that no ex parte order shall be passed against any Party without giving such notice; and
10.2.13. either Party may prefer an appeal against the recommendations of the IC, or against non-implementation thereof, within ninety days as provided in Section 18 of the Act.
§ 11. INTERIM RELIEF DURING PENDENCY OF INQUIRY
11.1. During the pendency of an inquiry, on a written request of the Aggrieved Woman, the IC may recommend to the Company, in accordance with Section 12 of the Act, to:
11.1.1. transfer the Aggrieved Woman or the Respondent to any other Workplace;
11.1.2. grant leave to the Aggrieved Woman for a period up to three months, in addition to her entitled leave; or
11.1.3. grant such other relief to the Aggrieved Woman as may be appropriate, including restraining the Respondent from reporting on the work performance of the Aggrieved Woman.
11.2. On the recommendation of the IC, the Company shall implement the recommendation and submit a report of such implementation to the IC.
§ 12. INQUIRY REPORT
On completion of the inquiry, the IC shall provide a report of its findings to the Employer within a period of ten days from the date of completion of the inquiry, and such report shall be made available to both the Parties. The report shall set out the allegations, the findings of the IC and its recommendations for action to be taken.
§ 13. FINDINGS OF THE INQUIRY
13.1. On completion of the inquiry, the IC shall arrive at a conclusion as to whether or not the allegation against the Respondent has been proved and shall submit its recommendations accordingly to the Employer.
13.2. The recommendations of the IC may result in the complaint being either not substantiated or substantiated against the Respondent, and the Employer shall act upon such recommendations in accordance with this Policy and the provisions of the Act.
§ 14. COMPLAINT SUBSTANTIATED
14.1. Where the IC concludes that the allegation against the Respondent has been proved, it shall recommend to the Employer, in accordance with Section 13(3) of the Act, to:
14.1.1. take action against the Respondent for sexual harassment as misconduct in accordance with the service rules of the Company;
14.1.2. deduct, notwithstanding anything in the terms of employment applicable to the Respondent, from the salary or wages of the Respondent such sum as it may consider appropriate to be paid to the Aggrieved Woman or to her legal heirs; or
14.1.3. determine such compensation in accordance with § 15 of this Policy and Section 15 of the Act.
14.2. Where the Employer is unable to make the deduction from the salary of the Respondent on account of his being absent from duty or cessation of employment, it may direct the Respondent to pay such sum to the Aggrieved Woman.
14.3. Where the Respondent fails to pay the sum so directed, the IC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.
14.4. The Employer shall act upon the recommendations of the IC within sixty days of receipt of the inquiry report.
§ 15. COMPENSATION
15.1. In determining the compensation payable to the Aggrieved Woman under Section 15 of the Act, the IC shall have regard to:
15.1.1. the mental trauma, pain, suffering and emotional distress caused to the Aggrieved Woman;
15.1.2. the loss of career opportunity due to the incident of sexual harassment;
15.1.3. the medical expenses incurred by the Aggrieved Woman for physical or psychiatric treatment;
15.1.4. the income and financial status of the Respondent; and
15.1.5. the feasibility of such payment in a lump sum or in instalments.
§ 16. PENAL CONSEQUENCES OF SEXUAL HARASSMENT
16.1. The Company may impose any of the following actions on an Employee found to have committed an act of sexual harassment, commensurate with the gravity of the misconduct:
16.1.1. a written apology;
16.1.2. a warning or reprimand;
16.1.3. withholding of promotion;
16.1.4. withholding of pay rise or increments;
16.1.5. termination of the Respondent from service;
16.1.6. deduction of compensation payable to the Aggrieved Woman from the wages of the Respondent; and
16.1.7. in appropriate cases, initiation of a criminal complaint.
16.2. The action taken against the Respondent shall be commensurate with the gravity of the offence and the recommendations of the IC. Such action shall be in addition to any criminal or civil proceedings that may be initiated under any other law for the time being in force.
§ 17. MALICIOUS OR FALSE ALLEGATIONS
17.1. Where the IC concludes, in accordance with Section 14 of the Act, that the allegation against the Respondent is malicious, or that the Aggrieved Woman or any other person making the complaint has done so knowing it to be false, or has produced any forged or misleading document, it may recommend to the Employer to take appropriate action against such person.
17.2. The mere inability to substantiate a complaint or to provide adequate proof shall not, by itself, attract action under § 17.1, and no action shall be taken unless malicious intent has been established after an inquiry.
§ 18. NO RETALIATION
18.1. Notwithstanding the outcome of any complaint made in good faith, the Complainant, witnesses and any other person providing information shall be protected from any form of retaliation, victimisation or discrimination. The IC shall ensure such protection throughout the proceedings.
18.2. Any person suspecting or experiencing retaliation shall report the same to the IC immediately. Any retaliation shall be treated as misconduct and dealt with by appropriate disciplinary action, including termination of employment.
§ 19. CONFIDENTIALITY
19.2. Any person entrusted with the duty to handle or deal with a complaint, inquiry, recommendation or action under this Policy who contravenes § 19.1 shall be liable to disciplinary action for misconduct, including termination of employment, in addition to the penalty prescribed under Section 17 of the Act.
§ 20. APPEAL
Any person aggrieved by the recommendations of the IC under this Policy, or by the non-implementation of such recommendations, may prefer an appeal to the court or tribunal in accordance with the service rules applicable or, where no such rules exist, as provided under Section 18 of the Act, within a period of ninety days from the date of the recommendations.
§ 21. AWARENESS AND TRAINING PROGRAMMES
21.1. The Company shall prominently display at conspicuous places in the Workplace the penal consequences of sexual harassment and the constitution and contact details of the IC.
21.2. The Company shall conduct workshops and awareness programmes at regular intervals to sensitise employees, and employees are required to attend such programmes.
21.3. The Company shall organise orientation programmes for the Members of the IC, as decided from time to time.
§ 22. EMPLOYER'S DUTIES AND STATUTORY COMPLIANCE
22.1. The Company shall provide a safe working environment, assist the Aggrieved Woman if she chooses to file a complaint under the Bharatiya Nyaya Sanhita, 2023 or any other law, treat sexual harassment as misconduct under the applicable service rules, and otherwise discharge all duties of an employer prescribed under Section 19 of the Act.
22.2. The IC shall, in each calendar year, prepare an annual report and submit the same to the Employer and to the District Officer, in accordance with Section 21 of the Act, containing:
22.2.1. the number of complaints of sexual harassment received in the year;
22.2.2. the number of complaints disposed of during the year;
22.2.3. the number of cases pending for more than ninety days;
22.2.4. the number of workshops or awareness programmes conducted; and
22.2.5. the nature of action taken by the Employer and the District Officer.
22.3. The Company shall include in its Directors' Report a statement that it has complied with the provisions relating to the constitution of the Internal Committee under the Act, as required under the Companies (Accounts) Rules, 2014.
22.4. Any failure to constitute the IC or to comply with the provisions of the Act may render the Company liable to a fine, and on repeated default, to higher penalties and cancellation of licence or registration, in accordance with Section 26 of the Act.
§ 23. DATA PROTECTION
All personal data processed in connection with a complaint or inquiry under this Policy shall be processed lawfully, fairly and only for the purposes set out herein, and shall be retained, secured and disposed of in accordance with the Digital Personal Data Protection Act, 2023 and any rules made thereunder.
§ 24. AMENDMENT AND GOVERNING LAW
24.1. The Company reserves the right to amend, modify or supplement this Policy from time to time to ensure continued compliance with the Act, the Rules and any other applicable law.
24.2. This Policy shall be governed by and construed in accordance with the laws of India, and the courts and tribunals at ________ shall have jurisdiction in respect of any matter arising hereunder, subject to the provisions of the Act.
§ 25. ACKNOWLEDGEMENT
25.1. By signing below, the Employee acknowledges and agrees that:
25.1.1. the Employee has read and understood the above Policy and his or her responsibilities thereunder;
25.1.2. the Employee shall report any actual or potential situation or incident contrary to this Policy as soon as he or she becomes aware of it; and
25.1.3. the Employee shall abide by this Policy and understands that any failure to do so may result in disciplinary action, up to and including dismissal.
Employee Name: ________
Designation: ________
Employee ID: ________
Place: ________
Date: ________
_________________________
Signature of Employee
For and on behalf of the Company:
Name: ________
Designation: ________
_________________________
Authorised Signatory
ANNEXURE-A
CONSTITUTION OF THE INTERNAL COMMITTEE
Presiding Officer (senior-level woman employee) - ________
Member - ________
Member - ________
External Member (NGO/person familiar with sexual harassment issues) - ________
Term of office (not exceeding three years): ________
District Officer (jurisdiction): ________
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