The Ethika Insurance Broking Pvt Ltd, (“Organization”) seeks to maintain ethical and professional standards in its workplace, business dealing and offer an equal employment opportunity to all its employees. The Organization is committed to create a healthy working environment that is free from discrimination, prejudices, unsolicited and unwelcome verbal, or physical sexual advances. Sexual harassment is an unlawful conduct, which undermines the integrity of employment relationship. Therefore, it is unacceptable, and the Organization will not tolerate any form of harassment or such conduct. The Organization shall take all necessary steps to ensure that all its employees are not subjected to any form of harassment and violations of this policy can result in legal action.
b) Applicability
This policy applies to all categories of employees of the Organization, including any person employed on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with/without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co
worker, a contract worker, probationer, trainee, apprentice or called by any other such name, at the workplace or at client sites.
This policy has been framed in accordance with the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and rules thereunder (“the Act”). The Organization further assures that its employees shall have the constitutional right to live with equality and personal liberty under Article 14, 15 and 21 of the Indian Constitution.
All employees of the Organization should read, understand, and abide by the policy. The Organization also believes that all employees have the right to be treated with esteem and dignity. Sexual harassment at the workplace is a grave offence and is, therefore, punishable in accordance with the provision of this policy and applicable law.
c) Scope
The scope of the AREAS/LOCATION in which this policy is applicable is restricted to the following:
• Business locations;
• Any external location visited by employee due to or during the course of their employment with the Organization such as business locations of other companies/entities, Organization’s guest houses, etc.
• Any Workplace - “The workplace includes but not limited to all offices or other premises where the Organization’s business is conducted, all Organization related activities performed at any other site and any place visited by the employee arising out of or during the course of employment including transportation provided by the Organization for undertaking such a journey.”
• The policy shall extend to harassment if reported during work hours or after work hours if the harassment is extended by any employee of the Organization to the victim in question.
d) Definition
Sexual Harassment means any one or more of the following unwelcome acts or behavior:
• physical contact and advances;
• a demand or request for sexual favors;
• making sexually colored remarks;
• showing pornography; or
• any other unwelcome physical, verbal, or non-verbal conduct of sexual nature. • Further, the following circumstances may amount to sexual harassment if it occurs or is present in relation to any other act of 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 present or future employment status;
• Interference with work or creating an intimidating, offensive or hostile work environment; or • Humiliating treatment likely to affect health or safety.
e) Objective of the Internal Committee (IC) (“hereinafter referred to as “the Committee”)
• To create awareness on the rights of employees against sexual harassment.
• To prevent sexual harassment at the workplace
• To conduct enquiry on any complaint/s received from employees and for ensuring time bound treatment of such complaints.
• To provide procedure for the resolution, settlement, or prosecution of acts of sexual harassment by taking all steps required
f) Guidelines for the IC
The Committee has been constituted by the Management to consider and redress complaints of sexual harassment. The Committee will be headed by a woman working at senior level as employee of the Organization. The Committee must consist at least one-half of the total members so nominated shall be women and it must include a representative from an NGO.
The Chairperson and every member of the Committee shall hold office for a period not exceeding three (3) years, from the date of their nomination. Accordingly, the committee will consist of the following members.
Name Designation
• Ms. Navaneetha Reddy Vice President (Chairperson)
• Ms. Deepa Agarwal Vice President
• Mr. Mridul Rajvanshy Legal Advisor
• Dr. Supreet Kaur External Member
In addition to handling complaints of sexual harassment, the Committee will also perform preventive activities to create a sexual harassment free atmosphere via circulating applicable policies, organizing campaigns, circulating articles, workshops to all the gender employees or any other related activities including to all new joiners and imparting trainings quarterly / half yearly or as needed at all the business locations.
g) Procedure
If any employee who feels or believes that she/he (“Complainant”) is being sexually harassed at workplace directly or indirectly may approach or file a complaint with any member of the Committee in writing or, reach at [posh@ethika.co.in]
If the Complainant is unable to make a complaint in writing on account of her/his physical or mental incapacity or otherwise, the Committee head or any member of the Committee shall provide all reasonable
assistance to the Complainant to make the complaint in writing or her/his relative or co-workers or any person who has knowledge of the incident can make the complaint or her/his behalf.
All complaints must be made within three (3) months from the date of incident or the date of the last incident in case of a series of incidents.
Complaint made after the said time period will not be pursued except in extraordinary circumstances and such determination shall be made by the Committee in conjunction with the legal team. Complainant at the time of filing the complaint shall submit six (6) copies of the complaint to the Committee.
Within seven (7) days of receiving the written complaint, the Committee should inform the alleged respondent (“Respondent”) in writing that a complaint has been filed against the Respondent including the allegation levelled by the Complainant.
The Respondent will have an opportunity to respond to the complaint in writing within ten (10) days thereafter.
Before initiating an inquiry and at the request of the Complainant, the Committee may try to settle the matter between the parties through conciliation provided that no monetary settlement shall be made as a basis of conciliation. If a settlement has been so arrived, the Committee shall record the same and forward the same to the Human Resource Department and provide copies of the settlement to the Complainant and the Respondent. In such cases, no further inquiry shall be conducted by the Committee.
In case where a settlement is not feasible or could not be arrived through conciliation, the Committee will conduct an inquiry into the complaint and give both the parties a chance to be heard. Such inquiry to be completed by the Committee within ninety (90) days of receipt of the complaint.
Post inquiry, the Committee shall submit its report and recommendations to the Human Resource Department, within ten (10) days from the completion of the inquiry.
In case Respondent fails without sufficient cause, to present herself or himself for three (3) consecutive hearings, the Committee shall have the right to give an ex-parte decision in favor of the Complainant.
The Human Resource Department will have to act on the recommendations given by the Committee with in sixty (60) days from the date of receiving the recommendations or report from the Committee.
h) Conciliation
Before initiating an inquiry and at the request of the Complainant, the Committee may take steps to settle the matter between him/her and the respondent through conciliation, provided that no monetary settlement shall be made a basis of conciliation.
If a settlement has been arrived at, the Committee needs to record the settlement and forward the same to the employer to take action as specified in the recommendation.
The Committee needs to provide the copies of the settlement, as recorded, to the Complainant and the respondent.
Where a settlement has been arrived at, no further inquiry needs be conducted by the Committee. However, in the event
• no conciliation is requested for by the Complainant, or
• no settlement has been arrived at between the parties, and / or
• if the Complainant informs the IC that any term or condition of the Settlement arrived at earlier has not been complied with, then, the IC, in the above situations, needs to proceed to inquire into the complaint
i) Inquiry into Complaint
The Committee shall within a period of two (2) weeks from the completion of any mediation process, and whose progress or conclusions are found not acceptable to either the complainant or the respondent, proceed to conduct a full enquiry into the allegation of sexual harassment and complete the enquiry with-in (90) ninety days from the date of receipt of the complaint.
If both parties involved are employees, they will be given an opportunity of being heard and a copy of the findings shall be made available to both, enabling them to make representation against the findings before the committee, during the course of inquiry.
The enquiry shall abide by the established procedures and principles of natural justice. At the commencement of the enquiry the Committee will explain to both the complainant and respondent the procedure which will be followed in the enquiry.
The enquiry will be conducted in English or the local language, whichever is requested by the respondent. The Committee needs to ensure that every reasonable opportunity is extended to the complainant and the respondent, for putting forward and defending their respective cases.
If the complainant or respondent desires to tender any documents by way of evidence before the Committee, she / he shall furnish such documents to the Committee with copies of the same for the respondent / complainant to whom the Committee shall hand over the said copies. All documents tendered to the Committee shall be taken on record.
Sufficient opportunities will be given to examine all witnesses notified by both parties. No legal practitioner can participate or represent either party at any stage of the proceedings.
No observations regarding the work and behavior of either the complainant or respondent will be made which are not related to the alleged act of sexual harassment. However, the Committee may consider as relevant any earlier complaints of sexual harassment against the respondent or false complaints against the complainant. The Committee will also consider the various myths and facts in relation to Sexual Harassment so as to give a well-thought-out decision.
For the purpose of making an inquiry the Committee has the same powers as vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following:
• Summoning and enforcing the attendance of any person and examining him on oath; • Requiring the discovery or production of documents and
• Any other matter which may be prescribed.
The inquiry needs be completed within a period of 90 days.
The Committee has the right to terminate the inquiry proceedings or to give an ex-parte decision on the complaint, if the complainant or respondent fails, without sufficient cause to present herself or himself for (3) three consecutive hearings convened by the Presiding officer.
j) Action during Pendency
During the pendency of an inquiry, on a written request made by the Complainant, the Committee may recommend the Organization to:
• Transfer the Complainant or the respondent to any other workplace; or
• Grant leave to the Complainant up to a period of (3) three months; or
• The final decision, however, is left solely to the discretion of Committee and the Organization. • The leave granted to the Complainant will be in addition to the leave he/she would be otherwise entitled to.
k) Inquiry Report
All proceedings of the Committee will be recorded and along with the statement of witnesses shall be endorsed by the complainant and respondent. The refusal to endorse the same by either party shall be noted by the Committee.
On the completion of the enquiry, the Committee will submit a written report to the Organization within a period of (10) ten days from the date of completion of the enquiry and made available to the concerned parties. The enquiry report shall specify the details of the charges against the respondent, the evidence led in the enquiry and the reasons based on which the Committee has reached its decision.
If the Committee forms the opinion that the respondent has indulged in sexual harassment in the work place, an appropriate disciplinary action would be taken against him/her by the Organization irrespective of his/her status in the Organization. Disciplinary action will be initiated by Human Resources Department within (60) sixty days from the date of receipt of the recommendations from the Committee and may include any of the following:
• The services of the employee would be terminated, or such action would be initiated as recommended by the Committee.
• Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, a complaint will be made to the appropriate authority so that action in accordance with the prevailing law can be taken;
• Transfer of the complainant or the perpetrator if the Organization deems fit to do so based on the recommendations of the Committee.
• To deduct from the salary of the respondent such sum as it may consider appropriate to be paid to the complainant
l) Punishment for False or Malicious Complaint and False Evidence
If an employee is found to have raised a false complaint, then severe action will be taken against the employee. This may include verbal warning or suspension or termination from services of the Organization as recommended by the Committee.
A mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant.
The malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed before any action is recommended
In case the Committee arrives at a conclusion that during an inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the Organization to take action in accordance with the provisions of the service rules applicable to the employee. This may include verbal warning or suspension or termination from services of the Organization as recommended by the Committee.
m) Protection to Complainant
The Organization shall ensure that no employee who brings forward a harassment concern is subject to any form of reprisal. The Organization will ensure that no victim or witnesses get exploited or discriminated while dealing with complaints of sexual harassment. However, anyone who abuses the procedure will be subject to disciplinary action.
n) Duties of the Employee
All employees of the Organization have a personal responsibility to ensure that their behavior is not contrary to this policy. All employees are encouraged to reinforce the maintenance of a work environment free from sexual harassment
o) Duties of the Employer
The Organization will take proactive measures to sensitize its employees about the need for appropriate workplace conduct in a gender-neutral manner.
Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.
Display at any conspicuous place in the workplace, the consequences of sexual harassment and the order constituting the Committee.
Organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and conduct orientation programs for the members of the IC in the manner as may be prescribed.
Provide necessary facilities to the Committee for dealing with the complaint and conducting an inquiry. Assist in securing the attendance of respondent and witnesses before the Committee. Make available such information to the Committee as it may require having regard to the complaint made.
Provide assistance to the employee, if he/she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force. Cause to initiate action, under the Indian
Penal Code or any other law for the time being in force, against the perpetrator, or if the Complainant so desires where the perpetrator is not an employee, in the work-place at which the incident of sexual harassment took place.
Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct. Monitor the timely submission of reports by the Committee
p) Confidentiality
The Organization understands that it is difficult for the Complainant to come forward with a complaint of sexual harassment and recognizes the Complainant’s interest in keeping the matter confidential.
This policy and the law prohibit any person including Committee members from publishing, communicating, or making known to the public and media in any manner, contents of the complaint, the identity and addresses of the aggrieved person, Respondent and witnesses, any information relating to conciliation and inquiry proceedings, or recommendations of the Committee during the proceedings under the provisions of the Act.
Any person violating this clause is subject to disciplinary action and a fine of INR 5000/- (Rupees Five Thousand Only). It is the duty of all the parties to keep utmost secrecy and confidentiality.
q) Access to Reports and Documents
All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Organization except where disclosure is required under disciplinary or other remedial processes.
No details of the identity of the Complainant, the complaint, or inquiry proceedings, findings and recommendations shall be released to any public, press or media
r) Appeal
Any party aggrieved by the recommendations given by the Committee, may appeal to the appellate authority in accordance with the Act and rules, within ninety (90) days of the decision or recommendations being communicated to the parties
s) Implication
The Organization aims to provide a safe working environment to its employees and prohibits any form of sexual harassment or related activities against or by any employee of the Organization. This policy, therefore, intends to prohibit such occurrences and also laid down the procedure to be followed when an employee feels or believes that a violation of the policy has been occurred.
Making a false complaint or providing false information regarding a complaint will also be treated as a violation of this policy and appropriate action will be taken against such employee or Complainant. This may include verbal warning, suspension or termination from the employment or as recommended by the Committee.
In case the Committee arrives at a conclusion that during an inquiry any witness has given false evidence or produced any forged or misleading document(s), it may recommend to the Organization or Human Resource Department to take the appropriate action. This may include verbal warning, suspension, or termination from services of the Organization or as recommended by the Committee.
t) General Guidelines
Once an employee makes a complaint, it must be investigated.
The Complaint is accepted only when it is sent in a written format (email / handwritten).
The information regarding the complaint and investigation to be kept confidential and should not be the subject of discussion with other colleagues or any other third-party.
After a thorough investigation if an employee is found to be guilty of the charges, then it may lead to her/his immediate termination from employment.
For the purpose of making an inquiry the Committee has the same powers as vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following: a) summoning and enforcing the attendance of any person and examining her/him on oath; b) requiring the discovery or production of documents; and c) any other matter which may be prescribed under the Act.
The Organization will ensure that no victim or witnesses get exploited or discriminated while dealing with complaints of sexual harassment.
The relieving letter of an employee who is terminated from service due to sexual harassment case will document the same reason for termination.
In case the charges levied by the Complainant are found to be false then an appropriate action against the Complainant would be initiated.
The parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the Committee
u) Policy Implementation and Review
The policy will be implemented and reviewed by the Committee or by the Human Resource Department. The Organization reserves the right to amend, abrogate, modify, rescind / reinstate the entire policy or any part of it at any time.
In conclusion the Organization reiterates its commitment to providing all its employees, a safe workplace free from harassment / discrimination and where every employee is treated with dignity and respect.