Objective

The objective of this Policy is to Prevent, Prohibit and Redress any form of sexual harassment at the workplace. This gender neutral policy want to ensure that all employees, regardless of gender, can report and receive protection from harassment, promoting a safe and inclusive environment. SESIPL is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work including sexual harassment. SESIPL will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment. All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.

Applicability

This policy shall be applicable to all employees and also to part time, temporary, contractual or casual personnel, trainees/interns, persons on probation, employees working with or without remuneration and apprentices while on an engagement with SESIPL as well as any other third party whilst working for SESIPL in any capacity.

Any Customer, vendors, consultants and anyone else doing business with SESIPL or in relationship to any working being carried out on behalf of SESIPL must also comply with this policy.

All sexual harassment is prohibited whether it takes place within premises or outside, including at social events, business trips, training sessions or conferences sponsored by SESIPL.

Exclusion

It has to be noted that this Policy shall not apply when the Complainant is performing work of their own accord and for personal reasons, which has not connection with official work.

Definition of Sexual harassment

Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.

Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behaviour which constitute sexual harassment include, but are not limited to:

Physical conduct

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
• Physical violence, including sexual assault
• Physical contact, e.g. touching, pinching
• The use of job-related threats or rewards to solicit sexual favours

Verbal conduct

• Comments on a worker’s appearance, age, private life, etc.
• Sexual comments, stories and jokes
• Sexual advances
• Repeated and unwanted social invitations for dates or physical intimacy
• Insults based on the sex of the worker
• Condescending or paternalistic remarks
• Sending sexually explicit messages (by phone or by email)

Non-verbal conduct

• Display of sexually explicit or suggestive material
• Sexually-suggestive gestures
• Whistling
• Leering

Third Party Sexual Harassment

Third party harassment means Sexual Harassment perpetrated by visitors, patrons, vendors, independent contractors, auditors, consultants, and others with whom the Employees have come in contact, directly or indirectly, because of the Organization having a relationship/business relationship with them.

Where the Sexual Harassment at the Workplace occurs as a result of an act or omission by any third party, the Organization shall take all steps necessary and reasonable to assist the affected Employee in terms of support and preventive action.

Internal Complaints Committee

SESIPL has constituted a Committee to be known as Internal Committee (IC).

The IC is constituted by the Employer to deal with and redress the grievances of Sexual Harassment by its employees in an impartial and confidential manner.

a) A Presiding Officer will be a Women Employee at the senior level. If senior level woman employee is not available then the Presiding Officer may be nominated from any of the Offices/Department.

b) Two or more employee representatives from difference functions having experience in social work or having legal knowledge.

c) One member from NGO / associations committed to the cause of women / a person familiar with issues of Sexual Harassment may be appointed on ICC by the Employer.

d) The IC will comprise of atleast five (5) members out of which half of members will be women.

Cessation of Membership

a) The Management may withdraw nomination of any member including Presiding Officer;

i) If he/she violates any of the provisions of this Policy or Section 15 of the Act relating to Prohibition of Publication or making known contents of Complaint and inquiry proceedings.

ii) he/she has been convicted for an offence or an inquiry into an offence under any law for the time being in the force is pending against him/her; or

iii) he/she has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/her; or

iv) he/she has so abused his/her position as to render his/her continuance in Office prejudicial to the interest of the Company.

In such cases the Employer will nominate another person as member at place of such member for unexpired tenure of IC.

b) The Employer may nominate another person as member in place of such member of IC.

i) If any Member of Internal Committee resigns from the membership of IC.

ii) If any member of IC who is in employment of the Establishment, leaves the employment for any reason whatsoever or the employment/termination is in dispute or disciplinary proceeding is going on against such member, then he/she will automatically cease to be the member of the IC.

iii) In case any member dies or he/she ceases to be member for any other reason;

iv) In case any member other withdraws from membership or recuses from a Complaint.

The Presiding Officer and every member of the Committee shall hold office for such period, not exceeding three years from the date of their nomination as may be specified by the Employer.

COMPLAINT OF SEXUAL HARASSMENT

Any aggrieved employee may make a written complaint of sexual harassment at workplace to IC within a period of three months from the date of incident.

The Complaint shall contain all the material and relevant details concerning the alleged sexual harassment including the name(s), designation, location of the incident, dates)s), time, witnesses, if any etc.,

All complaints/grievances of sexual harassment will be taken seriously, held in strict confidence and inquired promptly in an impartial manner by the IC as per this policy.

The IC will inquire into the complaint / grievance and will make its recommendation to the Employer.

Any victimization of or retaliation against, the aggrieved complaint or any employee who gives evidence regarding sexual harassment or bullying will constitute a misconduct and will be subject to disciplinary actions as per the Employment Rules/Appointment.

Sexual harassment at workplace will not be tolerated in the company. If the outcome of the inquiry by the IC upon any allegation of sexual harassment shows that harassing behaviour has taken place, the Respondent will be subject to disciplinary action up to and including termination of employment.

Where the aggrieved individual is unable to make a complaint on account of being physical and mental incapacity, a complaint may be filed by;

a) relative or friend or co-worker or any person who has knowledge of the incident, with the written consent of the aggrieved individual.

b) a special educator or a qualified psychiatrist of psychologist or the guardian or authority under whose care she is receiving treatment or care.

c) in case of a death of aggrieved individual, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.

CONDUCTING INQUIRY BY THE INTERNAL COMMITTEE

All Complaints of sexual harassment will be promptly and thoroughly inquired by the IC in accordance with the principles of natural injustice.

The IC shall be free to adopt its own procedure for carrying out inquiry having regard to the sensitive nature of the complaint and the respective position of the parties. The IC will have the powers to call any person and record their statements and make such inquiry as may be necessary to evaluate the complaint.

The IC will send notice along with copy of complaint to the respondent within 7 working days on receipt of the complaint.

CONCILIATION

The IC may before initiating the inquiry, at the request of the complainant, take steps to try to settle the matter between complainant and the respondent through conciliation provided that no monetary settlement shall be made as a basis of conciliation. In case a settlement has been arrived at, the IC shall record the settlement so arrived at and forward the same to the Employer and no further inquiry will be conducted by the IC. The IC will record the terms of settlement acceptable to the complainant and the respondent and file a closure report with the Employer to take further action as recorded in the settlement. Reasonable follow up will be maintained with the aggrieved individual by the HR Department of the Company.

In case, no settlement is possible or in case the aggrieved individual informs the IC that terms and conditions of settlement have not been complied by the Respondent, the IC shall take immediate necessary action to initiate an inquiry maintaining confidentially of matter. The IC will hear the Complaint and record the statement.

The Respondent shall file his reply within 10 days from the receipt of notice of the complaint along with his list of documents and names and addresses of witnesses, if any, within a period not exceeding ten working days from the date of receipt of compliant.

The IC will conduct an inquiry into the complaint by interviewing the complainant and respondent and any witnesses, in order to determine, if there are individuals with direct or indirect information regarding the complaint. The IC may also interview them or obtain information from such other persons or recording their statement and making such enquiries as it may think fit. The Respondent and the Complainant shall have the right to adduce their respective witnesses apart from themselves subject to be cross examine by other party. The IC will hear the complainant and respondent and record their statements as it may deem fit. No complaint of the individual will be presumed to be correct unless inquired by the IC and proved by un-assailed, oral and documentary evidence.

During the course of inquiry, the complainant and/or the Respondent may also be called separately to ensure freedom of expression and an atmosphere free of intimidation as the IC may deem fit and proper in the given circumstances. Both the parties can give list of the questions to the IC to be put to the witness of the opposite party.

The IC shall have the right to terminate the inquiry proceedings or to give ex-parte decision on the complaint, if the complainant or Respondent fails, without sufficient cause, to present herself or himself for 3 consecutive hearings convened by the Presiding Officer of the IC after giving a written notice of fifteen days to the party concerned. The inquiry shall be completed within a period of ninety days and if more time is required then this period can be extended by the committee for proper or sufficient reasons.

Neither the aggrieved individual nor the Respondent shall be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the IC.

A minimum of three members including the Presiding Officer is required to be present for the proceedings to take place. The IC will regularly meet at the end of every quarter for the purpose of implementation of the policy and monitoring the progress done till date.

Where the act of sexual harassment amounts to an offence, the aggrieved individual will have right to initiate action under criminal law, if the he/she so desires.

The IC will keep complete documents of the complaints, inquiries and reports. The HR Department will ensure that all documents are kept in the personal life of the aggrieved individual and the Respondent.

The venue of the inquiry should as far as practicable and be as per the convenience of the aggrieved individual.

ACTION DURING PENDENCY OF INQUIRY

i) During the pendency of an inquiry, on a written request made by the Complainant, the IC may recommend the following to the Company.

* transfer the aggrieved individual or the Respondent to any other workplace till the time such inquiry is completed to avoid tempering of documents, pressure on the witness and the aggrieved individual.

* Restrain the transfer of the aggrieved individual if she does not opt for the same.

* grant leave to the aggrieved individual upto a period of three months or upto the period of continuation of inquiry, whichever is earlier which shall be in addition to the leave she is otherwise entitled to;

* grant such other relief to the aggrieved individual as may be prescribed under the applicable law;

ii) on receiving a recommendation from the IC, the company shall implement the recommendations and send a report of such implementation to the IC.

INQUIRY REPORT

The IC will reduce the proceedings in writing. The IC will record its findings and give the same to the parties to enable them to make representation, if any, against the findings before the IC. The representation, if any received from the parties shall be considered by the IC.

Thereafter, on competition of an inquiry, the IC shall provide a report of its findings (Internal Report) to the Employer within a period of 10 days from the date of completion of the inquiry and such reports be made available to the concerned parties.

Where IC arrives at a conclusion that the allegations against the Respondent have not been proved, it shall recommend that no action is required to be taken in the matter.

Where IC arrives at a conclusion that the allegations against the Respondent have been proved, it shall recommend to the Employer as the case may be;

i) to take action of sexual harassment as a misconduct in accordance with the provisions of the services rules applicable to the Respondent or where no such service rules have been made, in such manner as may be prescribed and in such case, the Employer will initiate appropriate disciplinary action including warning, show cause, suspension, termination and dismissals etc., depending on the gravity of the offence.

ii) To order for deduction, notwithstanding anything in the service rules applicable to the Respondent from the salary or wages of the Respondent such sum as it may consider appropriate to be paid to the aggrieved individual or to her legal heirs, as it may determine, in accordance with the rules.

iii) Provided that in case the Employer is unable to make such deductions from the salary or wages of the Respondent due to his being absent from duty or cessation of employment, it may direct to the Respondent to pay such sum to the aggrieved individual.

iv) The Employer shall action upon the recommendation within 60 days of its receipt by him.

If at any stage, after filing of a Complaint and during any proceedings in respect of it under this policy by the IC, the aggrieved individual wishes to withdraw the complaint, he/she shall have the right to withdraw the complaint and the IC shall permit him/her to withdraw the complaint and if any inquiry has commenced, then the IC shall terminate the inquiry and not proceed further.

THIRD PARTY SEXUAL HARASSMENT

In case any matter of Sexual Harassment occurs as a result of an act or omission by any third party or outsider or by Employee of a Company against third party, being guest or visitor or any other person dealing with Company in any manner, in the premises of the establishment, even then, the IC may take all steps necessary and reasonable to assist the affected person in terms and support and preventive action.

CONFIDENTIALITY

Identify and addresses of the aggrieved individual, Respondent, witnesses, recommendations by the IC and the action taken by the Employer shall be treated as confidential. Information may however be disseminated regarding the justice secured to any victim of Sexual Harassment under the law without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved individual and witnesses.

If any person entrusted with the duty to handle or deal with the Complaint, inquiry or any recommendations or actions under law, contravenes his/her confidentiality obligation, he/she shall be liable in accordance with the provisions of the company policies, as applicable, and may be subjected by the company to disciplinary action, including but not limited to payment of fines.

PUNISHMENT FOR MALICIOUS COMPLAINT

Where the IC arrives at a conclusion that the allegation against the Respondent is malicious or the aggrieved individual or any other person making the complaint knowing it to be false or the aggrieved individual making the compliant has produced any forged or misleading documents, it may recommend to the Employer to take action against the aggrieved individual or the person who has made the compliant accordance with the provisions applicable in the service rules, provided that a mere inability to substantiate a compliant or provide adequate proof will need not attract action against the aggrieved individual.

Zero Tolerance To Retaliation:

If an employee feels that he/she is experiencing any kind of retaliation, victimization or discrimination in the nature of intimidation, pressure to withdraw the complaint or threats for reporting, testifying or otherwise participating in the proceedings, he/she should immediately report the matter by sending an email to the dedicated email id.

The Organization prohibits retaliation against any person for raising a complaint or helping in addressing the complaint. Any retaliation or reprisals are subject to immediate corrective action, up to and including termination of services. Alleged retaliation or reprisals are subject to the same complaint procedures and disciplinary action as complaints of Sexual Harassment.

APPEAL AND OTHER REMEDIES

Any person aggrieved from the recommendations made or non-implementation of such recommendations may prefer an appeal to the Court or Tribunal in accordance with the provisions of the service rules applicable to the said person or where no such services rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed, within a period of 90 days of the recommendations.

ADVISORY FUNCTIONS

The IC will advise the Employer that it will;

a) promote and facilitate measures taken in the establishment for prevention of sexual harassment.

b) ensure a safe work environment free from sexual harassment including prevention and deterrence.

c) maintain a proactive program to educate the employees as to the definition of sexual harassment and procedure for redressal.

d) facilitate initiation of proceedings under these rules if an act of sexual harassment has been brought to its notice.

e) ensure that the complainant or supporter or witness is not victimized, harassed or discriminated against for initiating or supporting or giving evidence in, proceedings under these rules;

f) not alter to the prejudice of the aggrieved individual or witness or representative concerned, the conditions of service prevailing immediately prior to the complaint being lodged as a consequence to the making and prosecuting of a complaint under these rules.

g) ensure that complainant or supporter or witness is not punished by discharging, transferring, dismissing or otherwise for any misconduct, as a consequence to the complaint save with express permission in writing of the IC.

h) if the situation so demands, immediately transfer the Respondent.

DUTIES OF THE SESIPL MANAGEMENT

a) provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.

b) display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting, the IC.

c) organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of IC.

d) provide necessary facilities to the IC for dealing with the complaint and conducting inquiry.

e) assist in securing the attendance of Respondent and witnesses before the IC.

f) make available such information to the IC as it may require having regard to the Complaint.

g) provide assistance and initiate action to the aggrieved individual if she so chooses to file a complaint against the Respondent in relation to the offence under the law for the time being in force.

h) treat sexual harassment as misconduct under the service rules and initiate action for such misconduct.

i) monitor the timely submission of reports by the IC to the Employer.

ANNUAL REPORT

The IC shall prepare an annual report with giving a full account of its activities during the previous year and forward the same to the Employer for their perusal and record and to the District Officer in accordance with the provisions of the relevant law for the time being in force.