POLICY ON PREVENTION, PROHIBITION AND REDRESSAL OF SEXUAL HARASSMENT (“POSH POLICY”)

Introduction

Anupam Rasayan India Limited (The “Company”) is committed to providing a work environment that ensures every Employee is treated with equality, dignity and respect. 

The Company is also committed to promoting a work environment that fosters the professional growth of its Employees and encourages equal opportunities.

The Company has a zero-tolerance for Sexual Harassment and values the dignity of every Employee working at the Company. 

The Company encourages its Employees who believe that they are being or have been sexually harassed, to use the Grievance Redressal System outlined in the Policy for Prevention, Prohibition and Redressal of Sexual Harassment (The “Policy”) and the Company is committed to ensure that every individual receives a fair and just hearing. The Policy is gender neutral and is designed to protect the interests of all Employees.  

Index:

1. Scope, Objectives & Definitions:
 

a. Scope:

This Policy applies to all allegations of Sexual Harassment at the Workplace (as defined in the Policy) and is applicable to all Employees (as defined in the Policy) of all the departments/divisions and units of the Company.

b. Objectives:

We are determined to provide a work environment that is free from any form of unlawful discrimination or harassment by maintaining a Workplace where all staff members are considered equal, and the dignity of each staff member is respected and promoted. Any person, who is involved in causing Sexual Harassment, shall be subject to appropriate disciplinary action.

c. Definitions:

1. “Act” means Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. “Employee” means a person employed at a Workplace for any work on regular, temporary, ad hoc or daily wage basis either directly or through an agent 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 such other name. 
3. “Employer” means in relation to any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit or any person responsible for the management, supervision and control of the Workplace of the Company.
4. Internal Committee (“IC”) means the committee constituted by the Employer to address any issue relating to the prevention, prohibition and redressal of Sexual Harassment at the Workplace irrespective of gender.
5. “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) including but not limited to: –
   1. Physical contact and advances;
   2. A demand or request for sexual favours;
   3. Making sexually coloured remarks;
   4. Showing pornography;
   5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature;
   6. Following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behaviour of Sexual Harassment may amount to Sexual Harassment:
      1. Implied or explicit promise of preferential treatment in employment;
      2. Implied or explicit threat of detrimental treatment in employment;
      3. Implied or explicit threat about present or future employment status;
      4. Interference with work or creating an intimidating or offensive or hostile work environment;
      5. Humiliating treatment likely to affect health or safety;
      6. Threat, intimidation, or retaliation against an Employee who speaks about unwelcome behaviour with sexual overtones/ connotations.
6. “Workplace”: Workplace means establishments, enterprises, institutions, offices, branches, premises, locations or units established, owned, controlled by the Company or places visited by the Employees out of or during the course of employment including accommodation, Company official gathering/parties and transportation provided by the Employer for undertaking such journey.
7. “Complainant”: Any aggrieved individual who makes a complaint alleging Sexual Harassment at Workplace.
8. “Respondent”: A person against whom a complaint of Sexual Harassment has been made by the Complainant.

2. Rights and Responsibilities of Employees:

1. Employees are expected to act towards other colleagues professionally and respectfully, and in a cordial manner.
2. Employees who believe they have been treated in an improper and offensive manner and feel that they are being harassed, may file a complaint with the IC.
3. Employees can take the help of their manager/HOD, designated by the Company. 
4. Employees are expected to support/cooperate during any investigation as part of the inquiry process and provide a full and truthful disclosure of relevant information and assist with investigations. 
5. Complainants, Respondents and witnesses are expected to provide information as required in the steps noted under “Complaint Process”.

3. Grievance Redressal System:

1. IC:

a. The IC shall be comprised of a Presiding Officer who shall be a woman employed at a senior level at the Workplace from amongst the Employees, at least two Members from amongst Employees who have legal knowledge or are professionally qualified and experienced to manage regulatory compliances. The IC shall have one external Member.

b. The composition of IC is as mentioned hereunder: -

c. The Name and contact details of the Presiding Officer and other IC Members, for filing the Complaint, will be displayed at any conspicuous place in the Workplace.

d. The Presiding Officer shall convene at least two (2) meetings of IC in a year to ascertain the effectiveness of the Policy, review the action taken report on previous decisions, if any, evaluate cases, if any, and such other matters within the purview of the IC.

2. Roles and Responsibilities of IC:

a. Receiving complaints of Sexual Harassment at the Workplace and performing its duties in accordance with the Act. 

b. Initiating and conducting inquiry as prescribed under the Act. 

c. Submitting findings and final recommendations on complaints of Sexual Harassment at Workplace which will be implemented by the Company. 

d. Maintaining strict confidentiality throughout the process as per established guidelines and ensuring absolute transparency in its activities and investigating the complaints while abiding by the principles of natural justice. 

3. Lodging a complaint:

a. Any Employee who feels that they have been harassed or discriminated against, or who witnesses any harassment or discrimination, should immediately report such conduct to their supervisor/Head of their respective department or to the IC as appropriate, to discuss instances of the harassment. The Complaint can be submitted to the Presiding Officer of IC by sending an email at  mona.desai@anupamrasayan.com.

b. Complaint must be made within a period of three (3) months from the date of incident and in case of a series of incidents, within a period of three (3) months from the date of last incident.

c. Where the aggrieved Employee is unable to make a complaint on account of their physical/mental incapacity, a complaint may be filed by his/her relative or co-worker or any person who has knowledge of the incident, with the written consent of the aggrieved person.

d. On receipt of the complaint, the IC will contact the Complainant as soon as possible, to understand the complaint and to provide necessary support. 

4. Resolution procedure for informal inquiry through conciliation:

a. In case the Complainant expresses a desire to opt for the informal route, the IC will support the Complainant by facilitating a meeting with the Respondent.

b. No monetary settlement can be made as a basis of conciliation. 

c. In case a settlement is arrived at, the IC will record and report the same to the management of the Company for taking appropriate action. 

d. Where a settlement is arrived at, no further inquiry is to be conducted by the IC.

e. In case the informal route fails or the Complainant so chooses, the IC will initiate a formal inquiry.

5. Procedure of inquiry into formal complaint:

a. The IC shall proceed to make an inquiry into the complaint.

b. Both Parties will be given the reasonable opportunity of being heard and a copy of the findings will be made available to both parties to make representation against the findings before the IC.

c. For the purpose of making an inquiry, the IC shall have the same powers as are vested in a civil court pursuant to Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely: — 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; and 

(c) any other matter which may be prescribed.

 d. The inquiry shall be completed within a period of ninety (90) days.

 e. During the pendency of an inquiry on a written request made by the aggrieved Employee, the IC may recommend to the Employer to— 

(a) transfer the aggrieved Employee or the Respondent to any other Workplace; or 

(b) grant leave to the aggrieved Employee up to a period of three (3) months; or 

(c) grant such other relief to the aggrieved Employee, which IC thinks appropriate.

f. On the completion of an inquiry, the IC shall provide a report of its findings to the Employer, within a period of ten (10) days from the date of completion of the inquiry and such report be made available to the concerned parties.

g. Where the IC arrives at the conclusion that the allegation against the Respondent has not been proved, it shall recommend to the Employer that no action is required to be taken in the matter. 

h. Where the IC arrives at the conclusion that the allegation against the Respondent has been proved, it shall recommend to the Employer— 

(a) to take disciplinary action for Sexual Harassment as a misconduct; 

(b) to deduct, from the salary or wages of the Respondent such sum as it may consider appropriate to be paid to the aggrieved Employee or to his/her legal heirs, as it may determine; 

(c) to terminate the services of the Respondent; and

(d) to take any other action as it deems appropriate.

4. Annual Report:

1. The IC shall in each calendar year prepare an annual report and submit the same to the Employer and the District Officer.
2. The Employer shall include the number of cases filed, if any, and their disposal under this Act in the annual report.

5. Protection against Retaliation:

The Company has an obligation to ensure that a person who lodges a complaint in good faith and without malice, or who participates in a proceeding relating to, or otherwise opposing Sexual Harassment is protected, and will not allow a person raising a concern to be victimized for doing so. 

6. Malicious Allegations:

Where the IC arrives at the conclusion that the allegation against the Respondent is malicious  or the Complainant or any other person making the complaint has made the complaint knowing it to be false or the Complainant and the investigation has proved that the motivation of the Complainant was in bad faith, such as to wilfully defame the Respondent, or any other person making the complaint has produced any forged or misleading document, the IC may recommend to the Company to take disciplinary action against the person making the complaint, which may include termination from the employment/services.

 7. Confidentiality:

The identity of the Complainant, Respondent, witnesses, statements, and other evidence obtained in the course of inquiry process, recommendations of the IC, action taken by the Company are considered confidential, and is not published or made known to public or media.

8. Awareness:

1. All the Employees, agents, customers, vendors, partners and visitors shall have access to this Policy. The Policy can be accessed through the website of the Company i.e., www.anupamrasayan.com .
2. A brief shall be given to all existing and future Employees regarding the features of this Policy.
3. Induction programme shall be conducted for newly joined Employees and at least one training programme on prevention, prohibition and redressal of Sexual Harassment shall be conducted during every calendar year.

9. Amendment:

The Company reserves the right to amend the Policy from time to time in order to comply with any laws/rules/regulations that come into effect from time to time, related to Sexual Harassment at Workplace. This Policy shall be reviewed by the IC annually or as and when key issues get raised to incorporate amendments.