Policy on Prevention of Sexual Harassment of Women at Workplace

OVERVIEW

Objectives 

TalentBeacon HR Solutions Pvt. Ltd is committed to creating and maintaining an atmosphere in which our employees          can work together, without fear of sexual harassment, exploitation or intimidation. Every employee should be aware that we are strongly opposed to sexual harassment and that such behavior is prohibited both by the law and the company policy. We intend to take all necessary action(s) required to prevent, correct and if necessary, discipline behavior which violates this policy. This policy has been framed in accordance with the provisions of the “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and redressed) Act, 2013”. While the policy covers all the key aspects of the  Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.
 
Scope 
This policy is applicable to employees, workers, volunteers, probationer and trainees including those on deputation, part-time, contract, working as consultants or otherwise (whether in the office premises or outside while on assignment).
GUIDELINES
Definitions
Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

 

i.         Physical contact and advances; or
ii.       A demand or request for sexual favors; or
iii.      Making sexually colored remarks; or
iv.     Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or sexually offensive pictures, cartoons or other material through email, or message; or
v.      Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy; or
vi.     Persistent watching, following, or; 
vii.   Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The following circumstances, among others, if it occurs or is present in relation to or connected with any act or behavior of sexual harassment, may amount to sexual harassment:
i.         Implied or explicit promise of preferential treatment in your employment; or
ii.       Implied or explicit threat of detrimental treatment in your employment; or
iii.      Implied or explicit threat about your present or future employment status; or
iv.     Interference with your work or creating an intimidating or offensive or hostile work environment for you; or
v.      Humiliating treatment likely to affect your health or safety.
 
It is important to note that whether harassment has occurred or not, does not depend on the intention of the people but on the experience of the aggrieved person.
 
Aggrieved person: In relation to a workplace, a person, 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, and visitors.
Respondent: A person against whom a complain of sexual harassment has been made by the aggrieved person
 Employee: A 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 expressed or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.
Employer: A person responsible for management, supervision, and control of the workplace. 
Workplace: All offices, factories, units, or any place visited by the aggrieved person or the employee during the course of and/or arising out of employment/contract/engagement with TalentBeacon HR Solutions Pvt. Ltd, including transportation provided for undertaking such a journey.
 
Internal Complaints Committee
 
Constitution of the Internal Complaints Committee:
An Internal Complaints Committee has been formed to redress any complaints of sexual harassment. The committee comprises of:
·         Presiding Officer: A woman employee at a senior level in the organization or workplace
·         At least 2 members from amongst employees, committed to the cause of women and or having legal knowledge
·         One external member from non-governmental organization, familiar with the issues relating to Sexual harassment
·         At least one half of the total members is women

The members of this committee are mentioned in Annexure 1. The committee is responsible for:
·         Receiving complaints of sexual harassment at workplace 
·         Initiating and conducting inquiry as per the established procedure 
·         Submitting findings and recommendations of the inquiry 
·         Coordinating