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:

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:

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

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:

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:

The ICC will be responsible for:

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.

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:

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:

AWARENESS

Awareness sessions are to be organised to:

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:

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.

Internal Complaints Committee Members w.e.f. June 10, 2024, for a period of three years

Internal Complaints Committee (Delhi)

Name Designation Category Email Id Mobile
Aashna In House Counsel Presiding Member [email protected] 7838537412
Naina Gururani Deputy Manager – Services Member [email protected] 9999918116
Praveen Dev Senior Manager – Commercial Member [email protected] 9810085368
Manoj Jha Deputy Manager – Finance Member [email protected] 9953344570
Writu Bose Independent External Member [email protected] 9830067563

Internal Complaints Committee (Bangalore)

Name Designation Category Email Id Mobile
Aashna In House Counsel Presiding Member [email protected] 7838537412
Naina Gururani Deputy Manager – Services Member [email protected] 9999918116
Praveen Dev Senior Manager – Commercial Member [email protected] 9810085368
Manoj Jha Deputy Manager – Finance Member [email protected] 9953344570
Deepak S. Regional Manager South Member [email protected] 9845520228
Writu Bose Independent External Member [email protected] 9830067563

Internal Complaints Committee (Mumbai)

Name Designation Category Email Id Mobile
Aashna In House Counsel Presiding Member [email protected] 7838537412
Naina Gururani Deputy Manager – Services Member [email protected] 9999918116
Praveen Dev Senior Manager – Commercial Member [email protected] 9810085368
Manoj Jha Deputy Manager – Finance Member [email protected] 9953344570
Mitesh Pandya Business Relationship Team Leader – Enterprises Member [email protected] 9820688372
Writu Bose Independent External Member [email protected] 9830067563

Internal Complaints Committee (Pune)

Name Designation Category Email Id Mobile
Aashna In House Counsel Presiding Member [email protected] 7838537412
Naina Gururani Deputy Manager – Services Member [email protected] 9999918116
Praveen Dev Senior Manager – Commercial Member [email protected] 9810085368
Manoj Jha Deputy Manager – Finance Member [email protected] 9953344570
Sandeep Peshwe Regional Head Member [email protected] 9822006900
Writu Bose Independent External Member [email protected] 9830067563

Procedure for lodging a Complaint under POSH

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 reasonable 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.

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 following QR Code

POSH-QR

OR

Through the SHBox Portal by the Government of India, accessible at - https://shebox.wcd.gov.in/

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