Prevention of Sexual Harassment Policy

CONTEXT & OVERVIEW

In an increasingly global context, there is a significant focus on the social responsibilities of organisations and their employees. Preserving and enhancing the dignity of individuals is a clear priority. Equally, there has been a consensus that sexual harassment in organisations is a basic assault on the dignity of an individual and robust actions need to be taken to ensure that this is prevented and eradicated in all organisations. In India, the Hon’ble Supreme Court, in its Vishaka and Ors. v. State of Rajasthan and Ors. AIR 1997 SC 3011 established guidelines for preventing sexual harassment of women in the workplace. These guidelines were subsequently incorporated into the “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” (‘the Act’). Proactive aligns with this perspective and has designed its policy accordingly.

This Policy on the Prevention of Sexual Harassment affirms the Company’s adherence to the Hon’ble Supreme Court of India guidelines to prevent and address Sexual Harassment in the workplace. It incorporates the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, to foster a safe and respectful work environment. The goal is to cultivate a culture of mutual respect, dignity, and professionalism for all employees, irrespective of gender.

The policy delineates the fundamental guidelines governing the Prevention of Sexual Harassment Policy (“Policy”).

OBJECTIVE

Sexual harassment in any form is strictly prohibited at Proactive. We firmly believe that it violates the fundamental rights of our employees, including the rights to dignity, equality, and a safe working environment. Proactive is dedicated to upholding these rights and ensuring an environment free from any behaviour that undermines them.

We are committed to establishing a secure work environment where all stakeholders, including employees, contractors, consultants, trainees/interns, resident engineers, vendors, and partners, can conduct business without experiencing sexual harassment, exploitation, or intimidation.

At Proactive, we value every employee and are dedicated to safeguarding their dignity and self-respect. We are also committed to maintaining personal dignity, fostering a work environment where both genders are viewed as equals, and striving for maximum productivity.

This policy is designed to prevent sexual harassment in the workplace.

PURPOSE

All employees are expected to maintain the highest standards of ethical conduct in the workplace and all their interactions with business stakeholders. This means that employees have a responsibility to:

• Treat each other with dignity and respect.
• Follow both the letter and the spirit of the law.
• Refrain from engaging in any unwelcome behaviour of a sexual nature.
• Avoid creating an oppressive or hostile atmosphere in the workplace by using sexual harassment as a means.
• Provide support to anyone who is being harassed and inform them of where they can seek help and advice.

APPLICABILITY

This policy applies to all the company's associates, including employees (as defined below), contractors, consultants, trainees/interns, resident engineers, vendors, retainers, and partners. It applies to all locations where Proactive-related activities occur, including offices, branches, off-site meetings, social events, and business travel.

Non-compliance with this policy will result in strict disciplinary action, possibly leading to termination.

PRIMACY OF THE ACT

It is explicitly stated that the provisions in the Act, as well as any rules or amendments, including the guidelines from the Hon’ble Supreme Court on the subject, shall take precedence in case of any conflict with this policy or whenever there is any doubt or need for clarification on any aspect of the policy.

DEFINITIONS

Sexual Harassment:

Sexual harassment may occur not only when a person uses sexual behaviour to control, influence, or affect another person's career, salary, or job but also between co-workers. It may also occur between an employee and someone with whom the employee deals within their work, whom the company does not employ. Sexual harassment, as addressed in this policy, need not necessarily be from a male to a female employee; it can be vice versa, as well as between individuals of the same gender and may involve a power imbalance.

"Sexual harassment" includes any one or more of the following unwelcome acts or behaviours (whether directly or by implication) but is not limited to:

• Any unwelcome sexually determined behaviour or pattern of conduct that would cause discomfort and 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 that have explicit and implicit sexual connotations/overtones, and molestation.
  • Teasing, voyeurism, innuendos and taunts with an implicit sexual connotation, physical confinement and 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 socialise during off-duty hours or continued expressions of sexual interest against a person’s wishes.
  • Giving gifts or leaving sexually suggestive objects.
  • 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 a sexual nature.

• The following circumstances, if they occur or are present concerning 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.
  • This policy covers alleged sexual harassment committed during or outside of office hours. Further, it is essential to note whether harassment has occurred or not depends not on the people's intention but on the experience of the aggrieved person.

Aggrieved Person

In a workplace setting, any individual, regardless of age or employment status, who claims to have experienced sexual harassment by another party.

Complainant

Any aggrieved person who makes a complaint alleging sexual harassment under this policy.

Respondent

Any person against whom the aggrieved person has made a complaint.

Employee (for this Act/ Policy only)

An employee works at a workplace on a regular, temporary, ad-hoc, or daily wage basis, directly or through an agent, including a contractor. This can be with or without the knowledge of the principal employer, whether for remuneration or not, or working voluntarily or otherwise. It also includes individuals whose terms of employment are express or implied. This definition encompasses co-workers, contract workers, probationers, trainees, apprentices, or anyone working under similar conditions.

Workplace

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

Employer

The head of any department, organisation, establishment, enterprise, institution, office, branch, or unit within a workplace not covered above is responsible for managing, supervising, and controlling the workplace. This includes the person or group responsible for creating and enforcing policies within the organisation and fulfilling contractual obligations concerning their employees.

ROLES AND RESPONSIBILITIES

It is the responsibility of all to respect the rights of others and never to encourage harassment.

It can be done by:

• Refusing to participate in any activity which constitutes harassment.
• Supporting the person to reject unwelcome behaviour.
• Acting as a witness if the harassed person decides to complain.

REDRESSAL MECHANISM

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

1) Internal Complaints Committee (Henceforth known as “ICC”)

To prevent instances of sexual harassment and to receive and effectively deal with complaints about the same, Internal Complaints Committees (ICC) have been appointed. Each complaint of Sexual Harassment shall be handled with utmost confidentiality and urgency by an ICC comprising of the following:

• Presiding Officer: A woman employed at a senior level in the organisation or workplace.
• At least two members must be among employees committed to women's causes or have social work experience or legal knowledge.
• One external member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.
• At least one-half of the total members nominated are women.
• The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
• The external member shall be paid such fees as may be decided by the Directors of the Company.

The ICC will be responsible for:

• Prevention, Prohibition & Redressal of sexual harassment at the workplace.
• Creating Awareness about Prevention, Prohibition & Redressal of sexual harassment.
• Receiving complaints of sexual harassment at the workplace.
• Take or recommend immediate action.
• Facilitate Conciliations as per law.
• Initiating and conducting an impartial inquiry per the established procedure with the principles of natural justice.
• Investigate Objectively and document findings.
• Submitting findings and recommendations of inquiries.
• Coordinating with the employer to implement appropriate action.
• Maintaining strict confidentiality throughout the process as per the guidelines established.
• Submitting annual reports in the prescribed format to the District Officer.

2) ICC Members

The CEO has appointed the Internal Complaints Committee separately for each office location to consider and deal with all complaints and cases of sexual harassment as per the resolution passed at the meeting of the Board of Directors held on March 05, 2024, for 3 (three) years. The Panel, consisting of 5 members, including an external member (not on the Company's rolls), is mentioned in Annexure I.

3) Lodging a Complaint

An individual who has been aggrieved may file a complaint of sexual harassment in the workplace with the Internal Complaints Committee (ICC) within three months from the incident or the last incident date. The ICC has the authority to extend this timeline by an additional three months, provided that there are written reasons for the extension. These reasons should demonstrate that circumstances prevented the complaint from filing within the original period. In cases where it is not feasible to submit the complaint in writing, the Presiding Officer or any Member of the ICC should provide all necessary assistance to the aggrieved individual to document the complaint in writing.

• a) If the Aggrieved Person is unable to make a complaint on account of their physical incapacity, a complaint may be filed by:
  • their legal heir; or
  • their relative or friend; or
  • their co-worker; or
  • an officer of the National Commission for Women or State Women’s Commission; or
  • any person who knows about the incident, with the written consent of the Aggrieved Person.
• b) If the Aggrieved Person is unable to make a complaint on account of their mental incapacity, a complaint may be filed by:
  • their legal heir; or
  • their relative or friend; or
  • a qualified psychiatrist or psychologist; or
  • the guardian or authority under whose care s/he is receiving treatment or care; or
  • any person who knows about the incident jointly with the Aggrieved Person’s relative or friend, a qualified psychiatrist or psychologist, or guardian or authority under whom s/he receives treatment or care.
• c) If the Aggrieved Person, for any other reason, cannot make a complaint, a complaint may be filed by anyone who knows the incident, with the Aggrieved Person’s written consent.
• d) If the Aggrieved Person is deceased, a complaint may be filed by anyone who knows the incident, with the written consent of the Aggrieved Person’s legal heir.

The complainant shall submit six copies of the complaint in writing to the ICC, along with supporting documents and the names and addresses of the witnesses.

The Complaint can be submitted electronically at [email protected].

Or by physically handing over to any ICC Member in the office premises and taking receiving from them.

Or through POSH Complaint Form or by scanning the QR Code.

4) Receiving a Complaint

When dealing with incidents of harassment, it's essential to approach the situation with sensitivity and discretion. Here are some key points to keep in mind when receiving a complaint:

• Listen to the complaint and assure the complainant that their concerns are taken seriously. Let them know that the issue will be reported to the appropriate authority and that follow-up will be conducted promptly.
• Avoid making assumptions about the situation. Take clear, accurate notes while listening to the complainant. Use their words whenever possible to describe the incident and confirm details with them.
• Keep all notes strictly confidential. Proceed with a formal investigation only with the complainant's agreement.
• Inform the respondent and any witnesses or individuals directly involved in the complaint process while maintaining the complainant's confidentiality.

Above all, prevent any disadvantage, victimisation, or retaliation against the complainant or the respondent.

5) Resolution Procedure through Conciliation

Once the complaint is received, the ICC may resolve the complaint between the complainant and the respondent before initiating the inquiry. This will only be initiated if requested by the aggrieved person.

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

If a settlement is reached, the ICC records it and reports it to the employer for appropriate action. Resolution through conciliation is to happen within two weeks of receipt of the complaint.

The ICC shall provide copies of the settlement to the complainant and respondent. Where a settlement is reached, the ICC shall not conduct further inquiries.

6) Resolution Procedure through Formal Inquiry

The ICC will initiate an inquiry in the following cases:

• The aggrieved person requests no conciliation.
• Conciliation has not resulted in any settlement.
• Complainant informs the ICC that the respondent has not complied with any term or condition of the settlement arrived through conciliation.

• a) Manner and procedure of Inquiry
  • Complainant should submit the complaint along with supporting documents and the names of the witnesses, if any.
  • The ICC will hold a meeting with the Complainant within three working days of receipt of the complaint but no later than a week in any case.
  • At the first meeting, the ICC members shall hear the Complainant and record the Complainant’s allegations. The Complainant can also submit any corroborative material with documentary proof, oral or written material, etc., to substantiate the complaint.
  • The ICC shall proceed with the inquiry and communicate the same to the Complainant and Respondent.
  • Upon receipt of the complaint, the ICC will send one copy of the complaint to the Respondent within seven working days of receiving the complaint.
  • Respondent shall reply with all supporting documents within ten working days of receiving the complaint.
  • After that, the Respondent may be called for a deposition before the ICC, and an opportunity will be given to explain where an inquiry shall be conducted and concluded.
  • The Complainant shall be provided with a copy of the written explanation submitted by the Respondent.
  • If the Complainant or the respondent desires any witness/es to be called, they shall communicate in writing to the ICC the names of the witness/es they propose to call.
  • The ICC shall call upon all witnesses mentioned by both the parties.
  • The ICC shall provide the Complainant and the Respondent every reasonable opportunity to put forward and defend their respective case.
  • If either party desires to tender any documents through evidence before the ICC, the same will be supplied as original copies. Signatures should be affixed on the respective documents to certify these to be original copies.
  • No legal practitioner can represent any party at any stage of the inquiry procedure.
  • The ICC is to inquire into the complaint per the principles of natural justice.
  • In conducting the inquiry, at least three ICC members, including the Chairperson, will be present.
  • The employer shall provide all necessary assistance to ensure this policy's complete, effective and speedy implementation.
  • Where sexual harassment occurs due to an act or omission by any third party or outsider, the company shall take all steps necessary and reasonable to assist the affected person in support and preventive action.
  • If the complaint does not fall under the purview of Sexual Harassment or the complaint does not mean an offence of Sexual Harassment, the same would be dropped after recording the reasons thereof.
  • If the complainant or respondent desires to cross-examine any witnesses, the ICC facilitates the process and records the statements. If the complainant or respondent seeks to ask questions of the other party, they may give them to the ICC, which asks them and records the other party's statement.
  • Any such inquiry is completed, including submitting the Inquiry Report, within 90 days of the investigation's commencement. The inquiry procedure should ensure absolute fairness to all parties.
• b) Interim Relief

  During the pendency of the inquiry, on a written request made by the complainant, the ICC may recommend to the employer to:

  • Transfer the complainant or the respondent to any other workplace.
  • Prevent the respondent from assessing the complainant’s work performance.
  • Grant such other relief as may be appropriate.
  • Once the recommendations for interim relief are implemented, the ICC will be informed.
• c) Termination of Inquiry

  ICC may terminate the inquiry or give an ex-parte decision if the complainant or respondent, is absent for three consecutive hearings without sufficient reason. A 15-day written notice will be given to the party before the inquiry or ex-parte order is terminated.

• d) Action to be taken after the Inquiry

  After the inquiry, the ICC submits its report containing the findings and recommendations to the employer within ten days of completion.

• e) Complaint Unsubstantiated

  Where the ICC concludes that the allegation against the respondent has not been proved, it recommends to the employer that no action must be taken. Further, the ICC ensures that both parties understand that the matter has been thoroughly investigated, that the case is now concluded, and that neither will be disadvantaged within the Company.

• f) Complaint Substantiated

  Where the ICC concludes that the allegation against the respondent has been proven, it recommends that the employer take necessary action for sexual harassment as a misconduct under the applicable service rules and policies, and this may include:

  • Counselling
  • Censure or reprimand
  • Written Apology to be tendered by Respondent
  • Written warning
  • Withholding promotion and increments
  • Suspension
  • Termination, or
  • Any other action that the employer may deem fit.

  The Company is required to act upon the recommendations within 60 days and confirm to the ICC. After implementation of the actions, follow-up with the complainant should also occur to ascertain whether the behaviour has stopped, whether the solution is working satisfactorily, and whether no victimisation of either party is happening.

• g) Penal Consequences of Sexual Harassment

  Suppose the ICC finds the degree of offence coverable under the Indian Penal Code/ Bhartiya Nyay Sanhita. In that case, this fact shall be mentioned in its report, and the employer shall initiate appropriate action for making a Police Complaint under the relevant sections of Indian Penal Code (IPC)/ Bhartiya Nyay Sanhita (BNS).

• h) Malicious Allegations

  Where the ICC concludes that the allegation against the respondent is malicious, the aggrieved person or any other person making the complaint has made the complaint knowing it to be false, or the aggrieved person or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer to act against the complainant or the person making the complaint.

  While deciding malicious intent, the ICC should consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be established through a separate inquiry.

• i) Confidentiality

  The identity of the complainant, respondent, witnesses, statements, and other evidence obtained during the inquiry process, recommendations of the ICC, and actions 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 or as per our Company’s Policy.

• j) Appeal

  Any party not satisfied or further aggrieved (as set out in the Act) by the recommendations or their implementation or non-implementation may appeal to the appellate authority provided under the Act or the Rules made thereunder within 90 days of the recommendations being communicated.

AWARENESS

Awareness sessions are to be organised to:

• Formulate and widely disseminate an internal policy, charter, resolution, or declaration for the prohibition, prevention, and redressal of sexual harassment at the workplace intended to promote gender-sensitive safe spaces and remove underlying factors that contribute to a hostile work environment.
• Carry out orientation programs and seminars for the Members of the IC.
• Conducted capacity-building and skill-building programs for the members of the IC.
• Declare the names and contact details of all the Members of the IC.
• Use modules developed by the State Governments to conduct workshops and awareness programs to sensitise employees to the provisions of the Act.

LEGAL COMPLIANCE

In each calendar year, the IC shall prepare an annual report in such format as may be prescribed, an annual report and submit the same to the employer and the District Officer (as defined in the Act). The report shall have the following details:

• Number of complaints of Sexual harassment received in the year.
• Number of complaints disposed of during the year.
• Number of cases pending for more than 90 days.
• Number of workshops or awareness programs against Sexual Harassment carried out.
• Nature of action taken by the employer or District Officer.

REVIEW AND AMENDMENT

This Policy will be reviewed periodically to ensure its effectiveness and compliance with changes in laws, regulations, and business practices. With approval from HR/CEO, amendments to this Policy may be made as necessary.

DISPLAY & COMMUNICATION OF POLICY

The Policy shall be displayed to all employees through Proactive's intranet portal under the Zoho Policies section.

Any changes in the Policy shall be notified through the intranet portal via an updated Policy document.

CONCLUSION

This policy supersedes all other policies, procedures, and practices prevalent on this subject to date. The company reserves the right to add to, alter, amend, or cancel this policy at its discretion if needed. Any deviation from the policy needs to be approved by the HR Head/CEO.