Policy on Prevention of Sexual Harassment (PoSH) at the workplace

The complaint shall be submitted by the complainant to the Internal Committee electronically at [email protected].

Introduction

This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”. Accordingly, 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. 

rtCamp Solutions Private Limited is an equal employment opportunity company and is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and in a harassment-free workplace to all employees without regard to race, caste, religion, colour, ancestry, marital status, gender, age, nationality, ethnic origin or disability. The Company also believes that all employees of the Company have the right to be treated with dignity. Sexual harassment at the workplace or other than work place if involving an employee or employees is a grave offence and is, therefore, punishable.

Purpose & Scope

The purpose of this policy is to provide protection against sexual harassment of women in the workplace and the prevention and redressal of complaints of sexual harassment and matters related to it.

This policy extends to all employees including individuals coming to the workplace for employment or for any other purpose whatsoever including but not limited to visitors, vendors, contractual resources, and secondees and applies to any alleged act of sexual harassment against persons at the workplace, whether the incident occurred during or beyond office hours.

This policy does not prevent any aggrieved person from taking recourse to the law of the land.

Definitions

Sexual harassment: may occur not only when a person uses sexual behaviour to control, influence or affect the career, salary or job of another person, but also between co-workers. It may also occur between an employee and someone that the employee deals with in the course of his/her work who is not employed by the Company.

“Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), but not limited to:

1. Any unwelcome sexually determined behaviour, or pattern of conduct, that would cause discomfort and/or humiliate a person at whom the behaviour or conduct was directed namely:
   • Unwelcome sexual advances involving verbal, non-verbal, or physical conduct, implicit or explicit
   • Physical contact and advances including (but not limited to) touching, stalking, sounds which have explicit and /or implicit sexual connotations/overtones, molestation
   • Teasing, Voyeurism, innuendos and taunts with an implicit sexual connotation, physical confinement and /or touching against one’s will
   • Demand or request for sexual favours
   • Sexually coloured remarks or remarks of a sexual nature about a person’s clothing or body
   • Display of pictures, signs etc. with sexual nature/ connotation/ overtones in the work area and work-related areas
   • Showing pornography, making or posting vulgar/indecent/sexual pranks, teasing, jokes, demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS, gestures etc.
   • Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes
   • Giving gifts or leaving objects that are sexually suggestive
   • Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy; Persistent watching, following, contacting of a person; and
   • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
2. The following circumstances if it occurs or is present in relation to any sexually determined act or behaviour amount to sexual harassment:
   • Implied or explicit promise of preferential treatment in employment;
   • Implied or explicit threat of detrimental treatment in employment;
   • Implied or explicit threat about the present or future employment status;
   • Interference with the person’s work or creating an intimidating or offensive or hostile work environment; or
   • Humiliating treatment likely to affect health or safety.

An alleged act of sexual harassment committed during or outside of office hours falls under the purview of this policy. Further, 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 woman.

• Aggrieved Individual: means in relation to a workplace, a person, of any age, whether employed or not, who alleges to have been subject to any act of sexual harassment by the respondent and includes contractual, temporary employees and visitors.

• Complainant: is any aggrieved individual (including a representative, if the aggrieved individual is unable to make a complaint on account of his/her physical or mental incapacity or death or otherwise) who makes a complaint alleging Sexual Harassment under this Policy.

• 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 express or implied and include a coworker, 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:
  • Premises, locations, establishments, enterprises, institutions, offices, branches or units established, subsidiaries which are controlled by the Company.
  • Places visited by the Employee arising out of or during the course of employment including official events, accommodation and transportation provided by the employer for undertaking a journey.

• Internal Committee: means and includes an Internal Complaints Committee (also referred to as the “IC”).

• Member: means a member of the IC.

• Presiding officer: means the presiding officer of the IC and shall be a woman employed at a senior level at the workplace amongst the employees.

• Respondent: means a person against whom a complaint of alleging sexual harassment has been made under this policy.

• Parties: means collectively the complainant and the respondent

Redressal Mechanism

In compliance with the Act, any complaint under this policy shall be followed by a formal redressal mechanism as described in this Policy.

a. Internal Complaints Committee (Henceforth known as ‘committee’)

To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same, Internal Complaints Committees (IC) have been appointed for the company. The detail of the committee is notified to all covered persons at the workplace. The committee comprises of:

1. Presiding Officer: A woman employed at a senior level in the organization or workplace
2. At least 2 members from amongst employees, committed to the cause of women or who have had experience in social work or have legal knowledge
3. One external member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment
4. At least one-half of the total members nominated being women

The committee will be responsible for:

1. Receiving complaints of sexual harassment at the workplace
2. Initiating and conducting an inquiry as per the established procedure
3. Submitting findings and recommendations for inquiries
4. Coordinating with the employer in implementing appropriate action
5. Maintaining strict confidentiality throughout the process as per established guidelines

Lodging a Complaint

The complainant needs to submit a detailed complaint, along with any documentary evidence available or names of witnesses, to any of the committee members at the workplace. The complaint must be lodged within 3 months from the date of the incident/ last incident. The Committee can extend the timeline by another 3 months for reasons recorded in writing if satisfied that these reasons prevented the lodging of the complaint.

Provided that where such a complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Complaint Committee shall render all reasonable assistance to the woman for making the complaint in writing.

1. If the aggrieved woman is unable to lodge the complaint in account of her incapacity, the following may do so on her behalf, with her written consent.
   • her relative or friend; or
   • Co-worker; or
   • An officer of the National Commission for Women or State Women’s Commission; or
   • Any person who has knowledge of the incident, with the written consent of the Aggrieved Woman
2. If the initial complaint is made to a person other than a committee member, upon receiving such a complaint, it will be the responsibility of the complaint receiver to report the same to the committee immediately.
3. If the Aggrieved Woman is deceased, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.

The complaint shall be submitted by the complainant to the Internal Committee electronically at [email protected].

Resolution procedure through 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 woman.

No monetary settlement can be made as a basis of conciliation.

In case a settlement is arrived at, the committee records & reports the same to the employer for taking appropriate action.

Resolution procedure through formal inquiry

Conducting Inquiry

The committee initiates inquiry in the following cases:

• No conciliation is requested by the aggrieved woman
• Conciliation has not resulted in any settlement
• The complainant informs the committee that any term or condition of the settlement arrived through conciliation, has not been complied with by the respondent 

The Committee proceeds to make an inquiry into the complaint within a period of 1 week of its receipt of the original complaint/closure of conciliation/repeat complaint.

Manner of inquiry into complaint:

• Complainant should submit the complaint along with supporting documents and the names of the witnesses
• Upon receipt of the complaint, the committee sends 1 copy of the complaint to the respondent
• Respondent replies with all supporting documents
• No legal practitioner can represent any party at any stage of the inquiry procedure
• The Complaints Committee makes an inquiry into the complaint in accordance with the principles of natural justice
• In conducting the inquiry, a minimum of three committee members including the Presiding Officer is present

Termination of Inquiry

The Committee at rtCamp Solutions Private Limited may terminate the inquiry or give an ex-parte decision, if the complainant or respondent respectively is absent for 3 consecutive hearings, without reason. Prior notice will be given to the parties, before termination or ex-parte order.

Action to be taken after the inquiry

Post the inquiry, the committee submits its report containing the findings and recommendations to the employer.

Penal Consequences of Sexual Harassment

In case the Committee finds the degree of offence coverable under the Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be initiated by the employer, for making a Police Complaint.

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.

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 identity of the complainant, respondent, witnesses, statements and other evidence obtained in the course of the inquiry process, recommendations of the committees, and action taken by the employer are considered confidential materials, and not published or made known to the public or media.

Any person contravening the confidentiality clauses is subject to disciplinary action as prescribed in the act.

Appeal 

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 after the recommendations are communicated.

Internal Complaints Committee at rtCamp Solutions Pvt. Ltd.

• Presiding Officer – Ms. Nikita Desai
• Member – Ms. Maitreyie Chavan
• Member – Mr. Daryl Rozario
• Member – Mr. Umesh Nevase
• External Member – Ms. Renuka Mukadam

Links: The Sexual Harassment of Women At WorkPlace (Prevention, Prohibition and Redressal) Act, 2013