1. The right to work is an inalifable right of all human being the right to safety in working condition and equity in employment is inseparable from the right to work equality in employment can be seriously impaired when individuals are subjected to gender specific violence, such as sexual harassment in the work place.
2. Preamble
The company in fulfilling its role as an employer with a commitment towards ensuring
employee's rights and their protection.
Recognizing that an employee has a right to dignity at the work place, which calls for
mutual respect and consideration.
Taking into account the company’s responsibility towards its employees to provide,
ensure and maintain a conducive working environment free from any kind of
harassment particularly of a sexual nature.
Considering the company policy which strongly condemns sexual harassment at the
work place declares the following
General principles
1. the right to work is an inalifable right of all human being the right to safety in
working condition and equity in employment is inseparable from the right to work
equality in employment can be seriously impaired when individuals are subjected
to gender specific violence, such as sexual harassment in the work place.
2. The right to work with dignity is a fundamental human right. The right to work with
dignity required respect for one another and to behave with consideration
towards each other. The company is committed towards protecting the
employees' right to dignity.
3. Sexual harassment reflects the unequal power relations between persons in
society. International and national policy condemns sexual harassment.
4. Efficient and productive output cannot be delivered if people cannot work with
dignity. Organizational and work-force performance could be adversely affected
by any form of harassment.
5. The company shall not tolerate any form of harassment the company aims to
ensure the provision of a safe working environment for all its employees, free
from all forms of sexual harassment.
3. 6. The company shall take measure to ensure that all employees are aware of their
policy on sexual harassment; and sexual harassment shall be interpreted as a
form of misconduct, where any kind of harassment of a sexual nature will be
severely dealt with.
7. It shall be the duty of all employees to abide by the company's policy on sexual
harassment and to comply with this code of conduct.
8. It shall be the responsibility of the management to review the policy from time to
time in terms of it relevance; and to provide guidance and support to managers
on prompt and effective action in dealing with situations regarding sexual
harassment.
9. It shall be the responsibility of all managers to monitor and review the application
of this policy within their respective department and to ensure compliance with it.
10. Harassment in all its forms will be treated as a disciplinary offence under the
company's disciplinary procedure.
Sexual harassment is
Conduct which is unwelcome, unsolicited, unacceptable, unreasonable and offensive to
the recipient of an overtly or covertly sexual nature
- affecting the dignity of women and men at work
- including conduct of superiors, colleagues and subordinates
Unwelcome sexually determined behavior, which can be categorized as.
- visual-poster, graffiti, indecent exposure, sexual gestures, electronic mail,
voyeurism;
- verbal- obscene/ offensive language, lewd comments sexual innuendoes,
nuisance calls, correspondence, rumors, gossip, slander;
- tactile- pinching, touching, squeezing, kissing molesting
4. Unwelcome sexually determined behavior, which includes
- A demand or requests for sexual favors conveyed by word or action.
- Conduct which creates an intimidating, hostile or humiliating work environment
for the recipient.
- Conduct of sexual nature which influences access to or continuation of
employment or employment related decision.
A criminal offence under the Indian Law. A person found guilty of sexual harassment
will be
- imprisoned; or
- fined; or
- imprisoned and fined; and
- Ordered to pay compensation to the victim.
the company undertakes to
- Create awareness on sexual harassment among its employees at all levels.
- Treat all complaints of sexual harassment seriously and confidentially.
- Protect all employees against victimization for making or being involved in a
complaint.
- Appoint a panel to address sexual harassment complaint.
If you are being harassed
- You can take informal action by
- Letting the person harassing you know that you find the action offensive and / or
unwelcome.
Or you can take formal action by
- Making a formal complaint in writing to the appointed panel,
- After the complaint is made, both parties will be heard by the panel, which will
after such a hearing decide upon appropriate disciplinary measures.
5. The hearing of the panel shall commence within five days of receiving a complaint.
- a record of the hearing, including a record of the relevant incidents, dates etc.
should be maintained by the panel.
-
Where the complaint is found to be malicious, necessary action shall be taken
against the complainant.
Both the complainant and the alleged harasser have a right to
- A prompt, thorough, discreet and impartial enquiry in accordance with the
company's disciplinary procedure
- Representation.
Disciplinary measures taken in these circumstances would include, and will not
be limited to
- counseling
- verbal warning
- written warning
- final written warning
- dismissal
Appeal procedures
- If you are not satisfied with decision of the panel you can make an appeal in
writing to the highest policy making body or the chief executive officer of the
establishment.
The company shall ensure that
- Harassment has ceased
- No victimization takes place as a result.
- The situation is monitored.
6. The panel
- Should consist of minimum of three members.
- Should include representation from the human resources department and legal
department.
- Should have women at least two third of its membership.
- Shall ensure utmost confidentiality.
- shall impartially conduct the enquiry
- Shall notify the respective parties, the outcome of the enquiry on writing.
- if of the opinion that the harasser/ victim requires counseling, shall refer the
person to a counselor
The counselor shall
- Be trained in counseling skills.
- Ensure utmost confidentiality.
- Be a listener and offer necessary support.
For
XXXXXXX India (P) ltd
General Manager-HR