DRAFT POLICY FOR CIRCULATION IN THE OFFICE

THIS SHALL USED AS GUIDELINES ONLY

PREVENTION AND REDRESSAL SHALL BE AS PER THE ACT
THE PROTECTION AGAINST SEXUAL HARASSMENT OF WOMEN ACT,
2005

What is this Policy?

Every woman shall have a right to be free from Sexual Harassment and the
Right to work in an environment free from any form of Sexual Harassment

It Covers not only to women who are employed but also to any woman who
enters the workplace as a client, customer, apprentice, and daily wageworker

What is Sexual Harassment?

Sexual Harassment includes any unwelcome sexual behavior, humiliating
conduct, cause mental agony and health hazards not limiting to the given below
such as

Unsolicited Physical Contact to any part of the body or the dress worn.
Showing picture/video/cartoons/drawings which contain objectionable or
pornographic contents.
Sexual demand by words or actions.
Sending SMS, Joke, Mails or letters that is conceived by the women as
objectionable or sexual or pornographic.
Talking or writing to woman that is considered sexually colored remarks
like sentences used in movies which carry double meaning.
Taking photographs of part of the body whether exposed or not.
Manhandling, Molestation, rape.
Writing love letters or expressing love even after the woman has refused the
proposal thereby giving mental torture.
Showing signals or bodily gesture that is generally accepted to have as
sexually implicit meaning.
A man or woman abetting/cajole/compel/tempt another woman employee to
accommodate sexual harassment.
Doing sexually colored talk or discussing with another at such voice levels,
which can be heard by woman working in the vicinity.

How is it implemented?

This policy is implemented by the Internal Complaints Committee, which is

formed with in the organization headed by a Woman (Chairperson), who shall
have another two women along with her as members of the committee. They
shall carry out an enquiry into in complaints of Sexual Harassment referred to it
as defined under the Industrial Employment (Standing orders) act 1946. The
Committee will consider the evidence examine the witnesses and facts in
relation to Sexual Harassment to drive a well-thought out decision.

What to do when there is a sexual harassment?

When ever a woman working in the office comes under any such harassment she shall
inform the committee.
Any such harassment shall be brought to the notice on the first occurrence or within
one week of its first occurrence/ observance, it shall be construed as a welcome sexual
behavior if the reporting is done after many occurrences or after one week.
The complainant has to give a complaint preferably in writing/orally to the internal
complaints committee immediately after the incidence. The name of the complainant
shall not be revealed and recorded at any other place or published or information made
public.
How does the policy work in the office?
Internal Complaints Committee: Internal Complaints Committee shall be formed
headed by woman containing minimum of three members containing one external
person out of the organization. Tenure of three years after which a new Committee
shall be appointed
Enquiry:

The complainant can give the complaint to either the chairperson or member of
the committee.

The Committee shall give 7 days notice by hand delivery duly acknowledged to
the complainant and the defendant to appear for the first date of the enquiry
which shall be specified. The notice shall state that the complainant and
defendant shall be given an opportunity of producing evidence, examining
witnesses etc if any.

The Internal Complaints Committee shall conduct an inquiry into the complaint
by interviewing the complainant and defendant and any witnesses, determining
if there are individuals with direct or indirect information regarding the
complaint, and, if so, by interviewing them or by obtaining information from
such other persons and making such inquiries as it thinks fit.

During the course of enquiry, the complainant and the defendant shall be called
separately to ensure freedom of expression and an atmosphere free of
intimidation:

Power to issue interim orders: The committee can implement such measures like
transferring, changing shift of the complainant / witness or defendant to protect
the complainant or witnesses against victimization or discrimination or may
issues such other interim orders as may be deemed necessary to ensure the
safety of the complainant or supporter or witness.

The Internal Complaints Committee shall complete its inquiry within ninety
days from the date of the complaint, record in writing its findings and take
appropriate action on the basis of the findings.

On the completion of the enquiry, the Committee shall submit a written Enquiry
Report. The enquiry report shall specify the details of the charge against the
defendant, the evidence led in the enquiry and the reasons by which the
Committee has reached its decision

All the complaints made under this Chapter shall be confidential and it shall be
the duty of the members of the Internal Complaints Committee to ensure that its
confidentiality is maintained for ever.

Compensation:

The defendant shall give a written apology to the aggrieved woman clearly
undertaking that such behavior will not be repeated and that no retaliatory steps
will be taken by him or on his behalf.

The Committee can recommend that the defendant to pay compensation to the
aggrieved woman, and the compensation shall be deducted by the employer
from the monthly wages of the defendant, in such installments as the employer
deems fit, and paid over to the aggrieved woman.

Punishments with regard to gravity of the act.

These punishments or penalties shall be along with the civil case if any is filed.

Minor Penalties
(a) Give him a warning or censure in writing;
(b) Fine him, subject to and in accordance with the provisions of the Payment of
Wages Act, 1936
(c) Withhold an increment for a period not exceeding one year
(d) Suspend him for a period not exceeding four days
Major Penalties
a) Withhold an increment for more than a year
b) Reduce his rank or grade
c) Terminate his services, by discharging or dismissing him, after paying any dues
to which he is entitled to in law
APPEAL

If the complainant is not satisfied with the decision made by the internal
committee they can appeal it to Industrial Tribunal in whose jurisdiction her
workplace falls

Withdrawal of complaint

At any point of time the complainant can withdraw her complaint. Employer
cannot penalize for the cost of investigation / time on the complainant /
witnesses or the supporters.
DOS and DONTS

A complaint has to be given at the initial stage at the first instance of the
occurrence, refuse/raise objection the first time every time.
Do not ignore any harassment, as it gives a false lead or indication that you
would accept or welcome harassment in future.
Do not discuss personal/family issues in office with colleagues.
Do not ask for favors personal or official from colleagues whom you are not
familiar or conversant.
Do not give personal email ID and phone numbers to colleagues whom you are
not familiar or conversant.
When you give your phone number/email ID insist to your colleague that the
number is for his/her use and he/she shall not divulge without her consent.
Do not forward emails to people you are not familiar.
If you feel or have an intuition that you expect problem from a person, make
him aware that you are well conversant with the SEXUAL HARASSMENT
OF WOMEN ACT, 2005.

Wear dress that your colleagues are used to in the work area.
Accept gifts only on occasions and refuse expensive gifts.
Adopt buddy system, never be the lone woman in the office, have a female as
company.
Do not accept a closed door meeting, where others from outside cannot see you
through glass windows/doors.
When a colleague gives you a closed envelope and claims it personal, tell him to
open the envelope and keep the contents on the table for others to see.
Keep your hand bags and personal belongings safe, to avoid people who rob
woman belongings as Memento
Take eatables only at known place & resist eatables offered to you from people
you are not that is known to you.

Management Implementation: General Duties of an Establishment

Establishment should ensure a safe environment free from sexual harassment

including prevention and deterrence of Sexual Harassment

Establishment should maintain a proactive program to educate all employees as

to the definition of sexual harassment and procedure for redressal.

Establishment should undertake workshops and training programmes at regular

intervals for sensitizing the members

Establishment should prominently display notices in various places in the

establishment spreading awareness about the issue of Sexual harassment at the
Workplace and giving information about the redressal mechanism that has
been put in place and encouraging people to file their grievances

On the request of a Complainant, a counselor shall be made available to her, at

the cost of the employer, at any time after the lodging of a complaint, whether
before an Internal Complaints Committee or District Level Special Officer,
which shall be in addition to any proceedings / enquiries which have been
instituted under the Act.

Note: this policy adopted by us with regards to SHW act 2005 stated above is a
explanation to the Act formulated by the Govt and is made simple for the employees
and employers to under stand their responsibility, in case of any litigation or allegations
the reference and procedure adopted shall be taken from the act and not from this
policy.