Policy

 1. Purpose

The goal of this Sexual Harassment Policy is to establish and maintain a sexually safe work environment, as well as to detail procedures for dealing with and resolving complaints. This policy applies to all employees, contractors, merchandisers, and guests at (Company Name), ensuring a safe and respectful workplace that complies with Indian laws and regulations.

2. Scope

This policy applies to all employees of (Company Name), including full-time, part-time, temporary workers, interns, and any third persons such as contractors, advisers, and guests who are on company grounds or engaged in company-related tasks.

3. Definition

Sexual harassment is described as any unpleasant or unwelcome sexual behavior that produces an intimidating, hostile, or annoying workplace atmosphere. It encompasses, but is not limited to:

• Physical Conduct: Unwanted physical contact, such as touching and grabbing.
• Verbal Conduct: Sexual humor, commentary, or suggestive language.
• Visual Conduct: Displaying sexually explicit images or accessories.
• Quid pro quo: Imposing sexual favors in exchange for job advantages or promotions.
• Retribution Adverse action done against a hand for reporting sexual immorality or participating in a disquisition.

4. Legal Framework

 This policy is consistent with the following legal values:

1. The Sexual Importance of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also known as the POSH Act).
2. The Indian Penal Code (IPC), specifically Sections 354, 354A, 354B, 354C, and 354D.
3. The Indian Constitution guarantees equality and non-discrimination.

5. Responsibilities

• Management ensures that the policy is followed and that the workplace is free of sexual harassment. Provide personnel with training and resources.
• HR Department Oversee the implementation of this policy, manage complaints, perform examinations, and ensure compliance with legal requirements.

6. Reporting Mechanism

 Employees who observe or are subjected to sexual harassment are encouraged to report it immediately. The following procedure should be followed:

1. Informal Resolution: Workers can discuss the matter directly with the person affected if they are comfortable doing so. This is a voluntary step that should be approached with precision.
2. Formal Complaint:  Workers should submit a formal written complaint to the Internal Complaints Committee (ICC). Complaints should contain incident details, names of individuals involved, and witnesses (if applicable). 

7. Internal Complaints Committee (ICC)

The ICC will be created under the POSH Act and will include :

1. Presiding Officer A senior female employee.
2. Members include at least two association employees as well as an external member from a non-governmental organization or a legal expert who specializes in sexual harassment.

8. Investigation Procedure

• The ICC will conduct a pioneering review to determine whether the complaint falls within the policy's scope.
• If deemed essential, a thorough inquiry will be carried out. The inquiry will include questioning the complainant, the interviewee, and any witnesses, as well as evaluating relevant documents.
• The examinations will be conducted in a discreet manner to protect the privacy of all participants.

9. Disciplinary Action

 However, disciplinary action could include :

• If the investigation determines that sexual harassment happened.
• Warning or reprimand for less severe offenses.
• The act of suspending one's duties or employment for a limited period of time.
• Serious or repeated offenses will result in termination.
• Further actions may be taken, such as mandatory training or soothing, depending on the severity of the incident.

10. Retaliation

Retaliation against people who report sexual harassment or participate in investigations is strictly banned. Any actions of retaliation should be reported immediately and will result in disciplinary action.

11. Training and Awareness

 Regular training sessions will be held to ensure that all employees fully understand their rights and duties under this policy. New employees will receive training as part of their onboarding process.

12. Policy Review

 This policy will be reviewed annually and streamlined as needed to ensure its effectiveness and adherence to current laws and regulations. This Sexual Harassment Policy is an essential component of our commitment to maintaining the quality and respect of all individuals in our workplace.