Introduction
It is the objective of the company to provide a free and safe working environment for all its employees, especially women. Hence a policy has been framed for the prevention and the redressal of any sexual harassment at the workplace in keeping with the principles of equality, freedom, life and liberty as enshrined in the Constitution of India.
The policy follows the broad guidelines of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereafter referred to as the “Sexual Harassment Act”) and guidelines as laid down under the international Convention for Elimination of all forms of Discrimination Against Women.
RCPL shall at all times ensure that it is in compliance with applicable laws, rules, regulations and orders relating to sexual harassment at the workplace, as may be amended from time to time
Applicability
All stakeholders are eligible to raise an issue under the provisions of the policy. The stakeholders are Employees (Including Trainees), Consultants, Vendors, Customers and any other individual associated with the company.
Definitions
Pertaining to this Policy Complainant:
complainant means, in relation to a Workplace, a person of any age whether employed or not, who alleges to have been subjected to any act of Sexual Harassment by the Respondent.
Respondent: respondent means a person against whom the Complainant has made a complaint to the Sexual Harassment Internal Complaints Committee under this policy.
Sexual harassment:
Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: -
- physical contact or advances; or
- a demand or request for sexual favours; or
- making sexually coloured remarks; or
(iv) showing pornography; or
- any other unwelcome physical, textual, graphic, electronic, verbal or non-verbal conduct of sexual nature.
Workplace:
workplace is defined as any place where the Complainant or Respondent is employed, works, or visits in connection with work, during the course of or arising out of employment.
Sexual Harassment Determinants
The 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:
- implied or explicit promise of preferential treatment in her employment; or
- implied or explicit threat of detrimental treatment in her employment; or
- implied or explicit threat about her present or future employment status; or
- interfering with her work or creating an intimidating or offensive or hostile work environment for her; or
- Humiliating treatment likely to affect her health or safety.
Sexual Harassment Internal Complaints Committee
To ensure a safe environment, RCPL has constituted a ‘Sexual Harassment Internal Complaints Committee (hereafter referred to as SHICC). This committee will consist of four members’ and details of members will be communicated to all displayed in the notice Board.
Any complaint of Sexual Harassment at the Workplace may be made in writing by the Complainant (or by his/her legal heir, in case of any incapacity of the Complainant), to any member of the Committee within 3 months of the last incident complained against.
The Committee may however permit relaxation in this regard if it is satisfied that the circumstances were such that the Complainant was prevented from filing the complaint within the stipulated period.
Constitution of Committee
The SHICC shall consist of a minimum of two women members. The Presiding Officer/ Chairperson of SHICC shall be a female senior management representative from RCPL and Two other employees who are committed to the cause of women, or those who have social work experience or legal knowledge shall be nominated as members to the Committee. Another member shall be nominated from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment.
In compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules 2013, the member appointed from non-government organisations shall be entitled to an allowance of Rs.1000/ day for holding the proceedings of the Internal Committee and also the reimbursement of travel cost incurred in travelling by train in three tier air condition or
Air-conditioned bus and auto rickshaw or the actual amount spent by him/ her on travel, whichever is less.
Each member shall hold office for a specified period, not exceeding 3 years. Notwithstanding the foregoing, RCPL may remove and replace any member from the Committee in case of misconduct, breach of confidentiality or abuse of position
Procedure
On receipt of the complaint, the Committee may at the request of the Complainant attempt to settle the matter between the Complainant and the Respondent. However, such conciliation shall not involve any monetary compensation. Where a settlement has been arrived at pursuant to conciliation, the Committee shall record the settlement and forward the same to RCPL Management and all the relevant parties to be acted upon including the Complainant and the Respondent. There shall be no further inquiry unless the Complainant informs the Committee that the Respondent has not complied with the terms of the settlement.
In all other instances, the Committee will initiate action to inquire into the complaint by interviewing the Complainant, Respondent and any witnesses.
They will also attempt to determine whether there are any individuals with any direct or indirect information regarding the complaint, interview such persons and gather all information relating to the complaint (including documentary or electronic information).
The Committee will ensure that the Complainant and the Respondent are called separately, so as to ensure freedom of expression and an atmosphere free of intimidation.
On completion of the inquiry, the committee shall submit a written report at the earliest, but not later than ninety days from the date of filing of the complaint.
Appropriate action will be recommended and taken based on the findings of the committee. Where both the parties are employees, a copy of the findings shall be made available to them.
Interim Measures during Pendency of the Inquiry
While the inquiry is pending, the Committee may, on the written request of the Complainant, make any appropriate recommendation as it deems fit, including the transfer of the Complainant or the Respondent to any other workplace or grant of leave to the Complainant up to a period of three months (in addition to the leave that the Complainant would otherwise be entitled to.
Findings and Action
Based on the conclusions of the Committee, if an act of Sexual Harassment amounts to an offense under the provisions of the Indian Penal Code or any other law in force in the country, RCPL, will initiate other actions under the provisions of the law.
This would include advising the aggrieved employee about her rights to initiate action in accordance with the law and providing the necessary assistance to file the complaint.
If the complaint against the Respondent has been proven during the inquiry, the Committee may recommend action against the Respondent, treating Sexual Harassment as misconduct. This may lead to dismissal or a warning not to repeat such action, and could include any reasonable course of conduct to redress any loss or damage suffered by the Complainant as a result of the harassment.
The defendant may also be asked to pay compensation to the Complainant, or give a written apology, with a clear understanding that no retaliatory steps will be taken by the defendant against the Complainant. While determining the compensation amount to be paid and other operative details regarding compensation, the Committee shall keep in mind various factors like loss of career opportunity for the Complainant due to this incident, medical expenses incurred for physical or psychiatric treatment, mental trauma and emotional distress, income and financial status of the Respondent etc.
Any other punishment ranging from a warning or censure to suspension, reduction in grades, or dismissal / termination of service may also be imposed, depending on the gravity of the act. The guidelines for this will be as per the Sexual Harassment Act.
If the Committee finds that the allegation of Sexual Harassment has not been proved, then it shall make a recommendation that no action is required to be taken in the matter.
In case the Committee arrives at a conclusion that the Complainant’s allegation is malicious or has been made with the knowledge that it is false; or that the Complainant or any witness has given false evidence / produced a forged or misleading document during the inquiry, then the Committee shall recommend that action be taken against such person(s).
Confidentiality of Complaint and Proceedings
The contents of the complaint, identity and addresses of all the parties and witnesses involved, and all information relating to the inquiry, conciliation and recommendations shall be kept confidential at all times. Any breach of this confidentiality provision by any person shall be deemed to be misconduct and dealt with accordingly.
Failure to take Action on a Complaint
Where a complaint of sexual harassment is made to a reporting manager or a member of the Internal Committee, but no action is initiated, this neglect may be deemed as misconduct and action, as appropriate may be initiated against the manager/Committee member concerned for neglect or compromising the working environment of the organization.
Annual Reporting of Complaints
The Committee shall submit a report for each calendar year to the Board of RCPL and the District Office appointed under the Sexual Harassment Act, specifying the number of complaints filed and their disposal.
Workplace Etiquette Regarding Professional Relationships
Employees should maintain a professional decorum in the workplace. Any personal relationship between employees in same team especially in a reporting relationship is strongly discouraged.
Communication of Policy
Workshops and sensitization programs shall be conducted at regular intervals and all employees are expected to participate in the same. This policy should be communicated to employees during the induction and an excerpt of this policy should be handed over, any amendments in the policy will be shared via email. Constant reminders on the policy will be sent to all the employees via email by the HR representative.
Employees are also encouraged to bring to the notice of their reporting managers/ senior management any breach in safety or possibility of negative impact on the working space, safety and security of the working environment. An aggrieved employee should bring incident(s) to the notice of the Internal Committee in a timely manner and be assured that the Sexual Harassment Internal Committee instituted will maintain confidentiality and look at redressal mechanism at the earliest.
Timelines for Enquiry
The committee to meet and Study complaints and determine next course of action within 3 working days from the receipt of complaint.
Initiation of Enquiry Proceedings- Within 7 working days from the date of deciding that an enquiry is warranted
Conclusion of Enquiry- Within a month from the date of receiving the complaint, in exceptional circumstances a maximum of 90 days as per Sexual Harassment Act.
Preparation of report and presentation to management -Within 7 working days from the date of conclusion of an enquiry .
