POLICY AGAINST SEXUAL HARASSMENT

I. This Policy shall be called as “Policy against Sexual Harassment” for Denave India Private
Limited

II. The policy will be applicable with immediate effect and supersedes all previous
communications on this subject, if any.

III. The Company reserves the right to modify, cancel or amend all or any of these procedure and
issue supplementary rules and amendments as per the Company/business/law of land needs at
any given point of time. Any major changes if applicable shall be communicated to all
concerned.

Purpose:-

Denave India Private Limited (Denave/Company) is an equal employment Opportunity company and
is committed to creating a healthy work environment that enables employees to work without fear of
prejudice, gender bias or sexual harassment. The Company also believes that all employees have the
right to be treated with dignity.
Sexual harassment at the work place is a grave offence and is, therefore, punishable. The Company is
dedicated to provide a work environment that ensures that each & every employee is treated with
respect and dignity, and afforded equitable conduct. The Company is committed to encourage a
professional work atmosphere that is helpful for the professional growth of its staff and promotes
equality of opportunity. The Company will not tolerate any kind of harassment and, will take all
required steps to make sure that women employees are not subject to harassment. The law assures
employees the right to employment in a place of work that is free from harassment and prejudice.

The policy is made under the overall ambit of the Denave’s code of conduct and in accordance with
the Sexual Harassment of Women at workplace (Prevention, Prohibition & Redressal ) Act 2013 & the
rules thereto.

Scope:

The ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)
Act 2013 (hereinafter referred to as Act) is very wide and is applicable to the organized sector as well
as the unorganized sector.

As per the Act, a Workplace also covers within its scope places visited by employees during the course
of employment or for reasons arising out of employment - including transportation provided by the
employer for the purpose of commuting to and from the place of employment.
Statement of policy:

Sexual harassment is unlawful. This organization does not tolerate sexual harassment in any form.
Each & every individual member has a responsibility to ensure that sexual harassment does not occur.
Anyone found to have sexually harassed any female will be subject to disciplinary action that may
include an apology, counseling, transfer of duties or dismissal etc. Reports of sexual harassment will
be treated promptly, seriously and confidentially. No volunteer or paid staff member will be treated
unfairly as a result of making a complaint of sexual harassment. Immediate disciplinary action will be
taken against anyone who victimizes or retaliates against someone who has made a complaint of
sexual harassment.
All employees are encouraged to reinforce the maintenance of a work environment free from sexual
harassment & ensure that their behaviour is not contrary to this policy.

Definition of Sexual Harassment

The Act has been enacted with the objective of providing women, protection against sexual
harassment at the workplace and for the prevention and redressal of complaints of sexual harassment.
Sexual harassment is considered as a violation of the fundamental right of a woman to equality as
guaranteed under Articles 14 and 15 of the Constitution of India and her right to life and to live with
dignity as per Article 21 of the Constitution.

The definition of sexual harassment in the Act is in line with the Supreme Court's definition in the
Vishakha Judgment and includes any unwelcome sexually determined behaviour (whether directly or
by implication) “Sexual Harassment” is any unwelcome sexually determined behaviour, such as:
physical contact and advances; a demander request for sexual favours; whether verbal, textual,
graphic, electronic or by any other action, sexually colored remarks, showing pornography, obnoxious
comments or utterances, remarks or jokes, letters, phone calls, SMS or emails, gestures, stalking,
sounds or display of a nature with sexual overtures. It also includes a demand or request for sexual
favours in return for with a promise of work related favours such as performance appraisals,
promotions, transfers, salary increases and employment or any other form of reward or recognition.
Acts of sexual behaviour which may arise out of coercion ranging from pressure for personal favours
to sexual favour, Intrusion into the private lives, etc. or that which may lead to hostile working
condition may also be considered as a form of sexual harassment.

The Act stipulates that a woman shall not be subjected to sexual harassment at any workplace. As per
the Act, presence or occurrence of circumstances of implied or explicit promise of preferential
treatment in employment; threat of detrimental treatment in employment; threat about present or
future employment; interference with work or creating an intimidating or offensive or hostile work
environment; or humiliating treatment likely to affect the lady employee's health or safety may
amount to sexual harassment.
Meaning of Terms

“Employer/Company” Shall mean-

(i) In relation to any department, organization, undertaking,

establishment, enterprise, institution, office, branch or unit
of the appropriate Government or a local authority, the
head of that department, organization, undertaking,
establishment, enterprise, institution, office, branch or unit
or such other officer as the appropriate Government or the
local authority, as the case may be, may by an order specify
in this behalf;
(ii) in any workplace not covered under sub-clause (i), any
person responsible for the management, supervision and
control of the workplace.
(iii) in relation to workplace covered under sub-clauses (i) and
(ii), the person discharging contractual obligations with
respect to his or her employees;

“Workplace/Company”
Includes

(i) Any department, organisation, undertaking, establishment,

enterprise, institution, office, branch or unit which is
established, owned, controlled, or substantially financed by
funds provided directly or indirectly by the appropriate
Government or the local authority or a Government
Company or a corporation or a cooperative society;

(ii) Any private sector organisation or a private venture,

undertaking, enterprise, institution, establishment, society,
trust, non-governmental organisation, unit or service
provider carrying on commercial, professional, vocational,
educational, entertain mental, industrial, health services or
financial activities including production, supply, sale,
distribution or service;

(iii) Hospitals or nursing homes

(iv) Any place visited by the employee arising out of or during

the course of employment including transportation
provided bythe employer for undertaking such journey.
“Respondent”
Shall mean a person against whom the aggrieved woman has made a
complaint to the ICC.

Shall mean in relation to a workplace, a woman, of any age, whether

“Complainant/Aggrieved employed or not, who alleges to have been subjected to any act of
Women/Victim” sexual harassment by the Respondent

Internal Compliant Committee

Whether or not such conduct constitutes an offence under law or a breach of the service rules, an
appropriate complaint mechanism in the form of “Internal Complaints Committee” (ICC) has been
created in the Company for time-bound redressal of the complaint made by the victim. ICC has the
same power as are vested in a civil court when trying a suit in respect of the matters, namely,
summoning and enforcing the attendance of any person and examining him on oath; requiring the
discovery and production of documents; and any other matter which may be prescribed.

ICC shall consist of the following members to be nominated by the Company, namely-

(a) Presiding Officer who shall be a senior level woman employee;

(b) Not less than two members from amongst employees preferably committed to the cause of
women or who have had experience in social work or have legal knowledge;

(c) One member from amongst non-governmental organizations 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 so nominated shall be women.

 All nomination shall be made for a period of not more than three years.

 Vacancies shall be filled with fresh nomination.

 Presiding Officer or any member shall be removed if secrecy norm is violated or is convicted

for any offence, found guilty of any disciplinary action or abused his / her position so that
continuation in office is against public interest.

 The nominating authority shall have the authority for removal.

Committee members:-

S. No. Name Designation Contact details

1 Ms Samriti Malhotra HRD 0120-3363290
2 Ms Shalini Kothiyal HR OPS 0120-3363919
3 Ms Geeta Khurana VP-Transformation 0120-3875158
4 Mr Kulbhushan Sharma V.P.- Technology and 0120-3363986
Knowledge services
5 Ms Neelam Vats Legal Orbit Advocates & 011-64724979
Consultants

A quorum of minimum 3 members is required to be present for the proceedings to take place out of
which two of the members shall be females.

Duties & Powers of the Complaints Committee –

 To investigate every formal written complaints of Sexual harassment
 To notify in writing the time & dates of the meetings, to be held, to the complainant, Victim
& the alleged harasser
 Enquiry to be conducted in an environment conducive to both the victim & the alleged
harasser
 The conclusions of the finding & report to be declared by the chairperson of the
committee.
 The report/findings to be a part of the personnel file along with the acknowledgement from
victim & the harasser as well.
 To take appropriate remedial measures to respond to any substantiated allegations of
sexual harassment
 Discourage & prevent harassment of women at workplace
 To organize programs for the gender sensitization of executives and employees through
workshops, seminars, etc. It may take the assistance of specialized NGO/Ethics Counsellors,
etc., if necessary, for this purpose.
 The Complaints Committee shall meet once every six months, even if there is no live case,
and review preparedness to fulfil all requirements under the Act.
 The minutes of every meeting shall be recorded in the Minute’s Register or file maintained
for the purpose.
 The Complaints Committee shall appoint/co-opt a nominee from an NGO or any other
person who is familiar with the subject of sexual harassment, as a third party member
Procedure for Complaint and enquiry:

A female employee shall send a written complaint to the ICC at ethics@denave.com .

The Company is committed to provide a supportive environment in which to resolve concerns of

sexual harassment as under:

A. Informal Resolution Options:

1. When an incident of sexual harassment occurs, the victim of such conduct can communicate her
disapproval and objections immediately to the harasser and request the harasser to behave decently.
2. If the harassment does not stop or if victim is not comfortable with addressing the harasser directly,
she can get the same conveyed to the harasser through fellow members or reporting seniors.

B. Complaints:

1. Any female employee with a sexual harassment concern, who is not comfortable with the informal
resolution options or has exhausted such options, may make a formal written complaint to the any
member of the ICC constituted by the Management. The female employee is required to disclose her
name, department, division and location she is working in, to enable the Presiding Officer to contact
her and take the matter forward.

2. The Presiding Officer of ICC will proceed to determine whether the allegations (assuming them to
be true only for the purpose of this determination) made in the complaint, fall under the purview of
Sexual Harassment. In the event, the allegation does not fall under the purview of Sexual Harassment
or the allegation does not mean an offence of Sexual Harassment, she will record this finding with
reasons and communicate the same to the complainant.

3. If the Presiding Officer of the ICC determines that the allegations constitute an act of sexual
harassment, she will proceed to investigate the allegation with the assistance of the ICC.

4. Where such conduct on the part of the accused amounts to a specific offence under the law, the
Employer shall initiate appropriate action in accordance with law by making a complaint with the
appropriate authority.

5. The Complainant shall prefer a complaint before the ICC at the earliest point of time and in any
case within three (3) months from the date of occurrence of the alleged incident. Provided the
extension of the time to prefer a complaint for a further period of 3 months may be allowed by the
ICC if it is satisfied that the circumstances were such which prevented the Complainant from filing a
complaint within the said period.

6. The complaint shall be in writing and the Complainant shall submit 6 copies of the complaint to the
ICC along with other supporting details and name and address of the witnesses, if any.
7. If the complaint cannot be made in writing for any reason, the Presiding Officer or any Member of
the ICC, as the case may be, shall render all reasonable assistance to the Complainant for making the
compliant in writing.

8. If the Complainant is unable to make the compliant on account of her physical incapability the
complaint may be filed by her relative or friend; her co-workers; an officer of National or State
Women’s Commission; or any person who has the knowledge of the incident, with the written consent
of the Complainant.

9. If the Complainant is unable to make the compliant on account of her mental incapability the
complaint may be filed by her relative or friend; or a special educator; or a qualified psychologists; or
the guardian or authority under whom she is taking treatment or care; or any person who has the
knowledge of the incident.

10. Where the Complainant is for any reason unable to make the complaint, a complaint may be filed
by any person who has knowledge of the incident, with the written consent of the Complainant.

11. Where the woman employee is dead, a complaint may be filed by any person who has knowledge
of the incident with the written consent of her legal heir.

12. The ICC shall conduct such investigations in a timely manner and keep the complainant informed
of the same.

13. The ICC shall provide every reasonable opportunity to the Complainant and to the person against
whom complaint is made, for putting forward and defending their respective case.

14. The ICC may terminate the inquiry proceedings if the Complainant without sufficient cause, fails to
present herself for three consecutive hearings or take an ex parte decision if the Complainant
Respondent without sufficient cause, fails to present herself / himself for three consecutive hearings.
However, an ex parte order can be passed only after serving a notice to the Complainant /
Respondent in writing fifteen days in advance.

15. During the process of investigation, the Company will try to ensure that no further harassment or
victimization happens to either the Complainant or the Respondent and duties are carried out as
normal. The Company will also ensure that there is no proximity at work place between the
Complainant and the Respondent, during the pendency of the Complaint. Necessary work
arrangements, including transfer of projects, location etc. if necessary & feasible; will be made by the
Company for this purpose.

16. If the Complainant desires to tender any documents by way of evidence before the ICC, she shall
supply original copies of such documents. Similarly, if the person against whom complaint is made
desires to tender any documents in evidence before the ICC he / she shall supply original copies of
such documents. Both shall affix his /her signature on the respective documents to certify these to be
original copies.

17. Conclusion of the findings will also be informed to both the parties concerned.

18. In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for
appropriate disciplinary action by the Employer.

19. No legal practitioner shall be allowed to represent either party at the ICC inquiry proceedings.

Please refer to the following flowchart which provides the process to be followed by the aggrieved
employee to make the complaint and by the ICC to inquire into the complaint
20. CONCILIATION
 The ICC before initiating an inquiry and at the request of the Complainant shall attempt

Conciliation, to settle the matter between her and the Respondent.

 Any action at this stage should focus on facilitating conciliation between the Complainant and

the Respondent and should not involve any witness evidence or interviews.
 ICC shall record the settlement so arrived and forward the same to the Employer for

appropriate action and the copies of the settlement as recorded shall also be provided to the
Complainant and the Respondent.

 Where a settlement is arrived through conciliation, no further inquiry shall be conducted by the
ICC.

 No monetary settlement shall be made as a basis of conciliation.

Interim Reliefs:

On the request of Complainant following reliefs may be provided

 Transfer of the aggrieved woman or the respondent to any other workplace; or

 Granting leave to the aggrieved woman up to a period of 3 months in addition to her
regular statutory/ contractual leave entitlement or grant such other reliefs to the woman as
seems suitable.
 Respondent will further be restrained during pendency of inquiry from reporting on work
performance or supervising any academic activity of the Complainant.

Check List / Format for Reporting Findings

Format for Sexual

harrasment report.xlsx

Determination of Compensation:

For the purpose of determining the sums to be paid to the aggrieved woman, the committee shall
have regard to:-
(a) The mental trauma , pain , suffering & emotional distress caused to the aggrieved woman
(b) The loss in the career opportunity due to the incident of sexual harassment
 (c) Medical expenses incurred by the victim for physical or psychiatric treatment
(d) The income & the financial status of the respondent
(e) Feasibility of such payment in lump sum or in installment
(f) Or any other consideration seems suitable.

Duties of employer:-

i. To provide a safe working environment

ii. Display at any conspicuous place in the workplace, the penal consequences of indulging in acts
that may constitute sexual harassment and the composition of the ICC
iii. organise workshops and awareness programmes at regular intervals for sensitizing employees
on the issues and implications of workplace sexual harassment and organizing orientation
programmes for members of the ICC
iv. Treat sexual harassment as misconduct under the service rules and initiate action for
misconduct.
v. Provide necessary facilities to the committee for dealing with the complaint & conducting an
enquiry
vi. Provide assistance to the woman if she chooses to file a complaint in relation to the offence
under the Indian penal code or any other law

The employer is also required to monitor the timely submission of reports by the ICC.

Corrective action: - It may include any of the following:

a. Formal apology
b. Counseling
c. Written warning to the perpetrator and a copy of it maintained in the employee’s personnel file.
d. Suspension or termination of services of the employee found guilty of the offence
e. Stoppage of increment / Reduction in rank
f. Immediate transfer or suspension without pay or both
g. filing a complaint with the relevant police station/ Court
h. any other action that the authority may deem fit.
i. Forfeiture of superannuation benefits
j. Compensation to the Complainant

SUSPENSION PENDING INQUIRY

ICC, if the situation so warrants may recommend suspension of the services of the Respondent as an
interim measure pending disposal of the complaint. The Employer may on receipt of the
recommendation by the ICC consider suspension of services of the Respondent till such time as the
inquiry is complete and the final report with findings is submitted to the Employer. The order of
suspension in contemplation of inquiry may be issued to the Respondent specifying therein the:
i) Reasons for suspension.
ii) Date and time from which the suspension will operate.

iii) Approximate timescale of the suspension.

iv) The amount of subsistence allowance that will be paid to the employee.

Confidentiality:

The Company understands that it is difficult for the victim to come forward with a complaint of sexual
harassment and recognizes the victim’s interest in keeping the matter confidential.
To protect the interests of the complainant, the Respondent and others who may report incidents of
sexual harassment, confidentiality will be maintained throughout any investigatory process to the
extent practicable and appropriate under the circumstances.

Access to reports & documents:

All records of complaints, including contents of meetings, results of investigations and other relevant
material will be kept confidential by the Company except where disclosure is required under
disciplinary or other remedial processes.

Protection to complainant / Victim:

The Company is committed to ensuring that no employee who brings forward a harassment concern
is subject to any form of reprisal. Any reprisal will be subject to disciplinary action.
The Company will ensure that victim or witnesses are not victimized or discriminated against while
dealing with complaints of sexual harassment.
However, anyone who abuses the procedure (for example, by maliciously putting an allegation
knowing it to be untrue) will be subject to disciplinary action.

APPEAL
In the event the parties are not satisfied with the findings of the ICC and the final order issued by the
Employer, parties may initiate legal action before the appropriate forum for redressal of the
grievances within 90 days from the date of the final order. The Appellate Authority is notified by the
Government concerned under clause (a) of Section 2 of the Industrial Employment (Standing Order)
Act, 1946
COMPLAINT AGAINST EMPLOYER
Where the compliant is preferred by an aggrieved woman against the Employer, the complaint shall
without any delay, be forwarded to the Local Complaints Committee of the District for further inquiry.
THIRD PARTY HARASSMENT

Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the
Employer shall take all steps necessary to assist the Complainant in terms of support and preventive
action. The Employer shall, if the Complainant so desires, provide assistance to her to initiate criminal
proceedings against the perpetrator under IPC or any other law for the time being in force.

In case an act of sexual harassment is caused by an employee against a woman who is not an
employee within the Workplace of the Company, the Company would proceed in taking action as if it
has been caused on a woman employee of the Company if the aggrieved woman files a complaint to
the Company.

Conclusion:

In conclusion, the Company reiterates its commitment to providing its women employees, a
workplace free from harassment/ discrimination and where every employee is treated with dignity and
respect.