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                                     P.O.S.H (PREVENTION OF SEXUAL HARASSMENT)

                                                                                             COBRA GUARDS™, INDIA

                                     Policy For "Prevention of Sexual Harassment" at Work Place

1. OBJECTIVE

This policy is framed to meet the requirements of “The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act 2013”as well as to prevent sexual harassment to any employee irrespective of the gender.   

COBRA™ GUARDS, INDIA (includes its subsidiaries and associates herewith to referred as ‘Company’ ) to ensure a work environment that is pleasant, professional, and free from intimidation, hostility or other offences, particularly an environment which protects from any form of Sexual Harassment at workplace and:

To implement a POLICY to provide protection against Sexual Harassment and redressal of Sexual Harassment at work place.  

To actively promote a social, physical and psychological environment that will create awareness about and deter act of sexual harassment of any employee.

2. SCOPE

This Policy shall be applicable to all the employees of the Company in all the offices, units, and all other places wherever the employees are deployed by the Company within the territory of India.   

3. DATE OF COMMENCEMENT

This policy comes in effect from 8th January 2017.

4. DEFINITIONS

‘Sexual Harassment’: It includes whether directly or by implications such unwelcome sexually determined behavior such as physical contact, advances, sexually colored remarks, demand or request for sexual favours, showing pornography or making sexual demands, any unwelcome physical, verbal, textual, graphic or electronic or by any other actions of sexual nature, which may contain -.

  1. Submission to unwelcome sexual advances, requests for sexual favours, and verbal or physical conduct of a sexual nature made, either explicitly or implicitly, in return for a term or condition of instruction, employment, participation or evaluation of a person's engagement in any activity of the Company.
  2. When unwelcome sexual advances and verbal, non-verbal, or physical conduct such as loaded comments, remarks or jokes, sms , letters, phone calls or e-mail, gestures, showing of pornography, lurid stares. physical contact or molestation, stalking, sounds or display of a derogatory nature have the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive environment.
  3. When any form of sexual assault is committed where a person uses, the body or any part of it or any object as an extension of the body in relation to another person without the latter's consent or against that person's will, and
  4. When any such conduct as defined in (i) and (ii) above is committed by a third party or an outsider in relation to an Employee of the Company, or vice versa on the premises of the Company.

“Employee" means any person (man or women) employed by the Company and any temporary, part time, honorary, employee by whatever name called and would include employees employed on a casual or project basis and also employed through a sub contractor.

5. ENFORCEMENT OF POLICY

The management of Company shall ensure the enforcement of Policy at all workplaces and take all necessary and reasonable steps to prevent and ensure that no employee employed in the establishment is subject to Sexual Harassment by any person during the course of employment. Where any such Sexual Harassment occurs, the management shall take all necessary steps to assist the aggrieved person to redress the act of Sexual harassment.

6. CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE(ICC): -

  1. A Complaints Committee shall be headed by a Woman (neither an accused nor a complainant) who shall be its Chairperson and members representing different locations (locations where we have more than 50 employees working); wherever possible its members shall be women. Proposed Committee is attached in Annexure 1. This committee shall address grievances arising at all locations of the company.
  2. A person shall be Authorized/designated (not below the level of Manager) to receive complaints and forward it to the complaints committee for action/consideration.  List of designated managers is attached in Annexure 2
  3. Where the defendant employed in a workplace holds a senior position as head of the workplace or is the person in charge of the workplace concerned, an ad hoc committee shall be appointed, headed by a Chairperson who shall be Senior in rank as to the status of the defendant.

7. PROCEDURE FOR LODGING A COMPLAINT AND INVESTIGATION

  1. Any Employee ("Complainant") may lodge a complaint concerning Sexual Harassment or violations of Human Rights ("Complaint") against another Employee/Outsider/Third Party ("Accused") with Complaints Committee.
  2. Such a Complaint may be oral or in writing.
  3. If the Complaint is oral the same shall be put into writing in detail, by the committee member to whom the Complaint is made and shall be signed by the Complainant.
  4. The Complainant will be afforded full confidentiality.
  5. Immediately upon receipt of the Complaint and at the earliest The Complaints Committee will hold a meeting of which advance intimation will be given to the Complainant.
  6. At the first meeting of the Complaints Committee the Complainant shall be heard and his/her statement recorded (Statement of Allegation). The Complaints Committee shall decide whether the Complaint requires to be proceeded with. The Complaint will be dropped only if the Complainant at the first meeting is not able to disclose and or prima facie prove an offence of Sexual Harassment.
  7. In case the Complaints Committee decides to proceed with the Complaint. The Complainant's statement shall be recorded by the Committee. The accused will be called to a meeting of the Committee and will be informed about the Complaint and an opportunity will be given to the Accused to give an explanation. If the Complaints Committee finds the explanation of the Accused not satisfactory or if no explanation is given by the Accused, the Complaints Committee will decide to hold an enquiry ("Enquiry") against the Accused.
  8. The Complaints Committee may depending upon the facts of the case decide to place the Accused under suspension. During suspension the Accused will be entitled to such benefits and allowance as per the the Company policy.
  9. Once the case is proven, appropriate action, as detailed in the Policy of Terminations, will be initiated.
  10. If any employee has a complaint against any authorized location members (as mentioned in Annexure 2), then the employee may approach any member of Complaints Committee (as mentioned in Annexure 1) directly.
  11. If any employee has complaint against Complaint Committee member (as mentioned in Annexure 1), the employee may approach CEO.
  12. Authorized location members to maintain complaints register and keep its contents confidential and send quarterly report to Complaints Committee Head.
  13. Complainant will be free to initiate any action under the Indian Penal Code with the police station/appropriate court, in addition to enquiry by the Complaint Committee.

8. PROCEDURE OF ENQUIRY

  1. The Complaints Committee shall meet to proceed with the Enquiry at a venue and time as may be decided by the Committee and communicate the same to the Accused and the Complainant. The Complaints Committee shall record all the proceedings of the Enquiry and both parties shall endorse the same in token of authenticity thereof and the Complainant and the Accused will be given copies of such proceedings.
  2. The Complaints Committee shall hand over the Statement of Allegation to the Accused and give an opportunity to the Accused to submit a written explanation if he so desires. The Complainant will be provided with a copy of the written explanation submitted by the Accused.
  3. If the Complainant or the Accused desire to examine any witnesses they shall communicate in writing to the Complaints Committee the names of witnesses whom they propose to so examine.
  4. If the Complainant desires to tender any documents by way of evidence before the Complaints Committee, he/she shall supply true copies of such documents to the Accused. Similarly if the Accused' desires to tender any documents in evidence before the Complaints Committee he shall supply true copies of such documents to the Complainant.
  5. The Complainant and the Accused shall have the right to lead evidence and the right to cross-examine witnesses of the other party as the case may be.
  6. Sufficient opportunities shall be given to examine all witnesses notified by both the parties.
  7. The Complaints Committee shall see that every reasonable opportunity is extended to the Complainant and to the Accused, for putting forward and defending their case.
  8. The Complainant or the Accused-as the case may be shall submit their further explanation to the Complaints Committee within such period as may be laid down by the Complaints Committee.
  9. On receipt of such explanation or if no such explanation is offered within the aforesaid time, the Complaints Committee shall complete the Enquiry and communicate its findings on the charges against the Accused and its decision on the basis of its finding to the Appointing Authority for specific action to be taken against the Accused. Thereafter, the decision of the Complaints Committee shall be implemented by the Country Head HR.
  10. The Complaints Committee shall conduct the Enquiry in a time bound manner and submit its finding no later then 7 days of its recording the Statement of Allegation. In addition the Complaints Committee shall be governed by such rules as may be framed by the Company from time to time.
  11. In case the Complaints Committee finds a complaint to be a false allegation for any reason, it will recommend appropriate action against the complainant as well.
  12. The Complaints Committee shall be having power to decide the case ex-parte if one of the parties is not co-operating or not appearing for the Enquiry.
  13. The Complaints Committee may seek any medical, legal and any other help to protect the complainant and to conduct the fair enquiry in the case.

9. THIRD PARTY HARASSMENT:

Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the Company and person in charge will take all steps necessary and reasonable to assist the affected employee in terms of support and preventive action.

10. FINDINGS:

On the completion of an Enquiry the ICC, shall submit to the disciplinary Authority of the company, a detailed and reasoned report with their findings on the charges.

The ICC shall make an Annual report regarding complaints and action taken by them, to the Commissioner of Labour who is the chairperson of State Co-ordination Committee.  

11. PROVISION OF APPEAL: -

ln the event of the ICC not taking action on a complaint or in the event of either party being dissatisfied with the action taken by any of the ICC, either party, within 7 days shall have the right to appeal in writing, stating reasons of dissatisfaction to the Country Head of ICC and CEO.

The Country Head of HR, Head of ICC and CEO shall go into the grievance of the Complainant and after hearing the Complainant, if satisfied that the matter needs to be further enquired into, shall take the following steps:

  1. On the basis of documents and evidences on record, and the conclusion as may be deemed fit by them, communicate the same to the aggrieved parties within a period of 10 days from the date of receipt of written appeal.
  2. The decision shall be final and binding on all the concerned parties.

12. PROTECTION AGAINST VICTIMIZATION

  1. In the event of the Complainant being an Employee and the Accused being his/ her Supervisor, during the pendency of the Investigations- and Enquiry, the Company will review the possibility of relocating the Complainant within the establishment. ­
  2. In the event of the Complainant and the Accused both being Employees, during the pendency of the investigation and Enquiry and even after such an Enquiry if the Accused is found to be guilty, the Accused shall not write the Appraisal Reports of the complainant, if he is otherwise so authorized.
  3. The organisation will take necessary steps to provide counseling to the victim.
13. OBLIGATION OF THE MANAGEMENT

The Company shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy. It shall be bound by the decisions of the ICC and shall implement such decisions in an expeditious manner.

The Company will conduct awareness program time to time on the gender sensitivity and to prevent the sexual harassment of an employee. The company will take necessary actions as prescribed in the Act or as per provisions laid by the company

MAHENDRA CHAND                                                                     

PRESIDENT / CEO

Annexure - 1

Complaints Committee to deal with cases of Sexual Harassment

In terms of the judgment of Hon’ble Supreme Court of India Judgment and The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act 2013, regarding sexual harassment of women at workplace, we are issuing appropriate policy for Prevention of Sexual Harassment.

As per the provisions of the above Act, the organization needs to constitute a Internal Complaints Committee which is required to be headed by a woman and not less than half of its members should be women.

The Internal Complaints Committee has the following employees as members:

 

  • A
  • A
  • A
  • A
  • A
  • A

The Country Executive Committee has the power to reconstitute the ICC complying with all provisions of the Act.

On receipt of any complaint on sexual harassment, the immediate superior and /or the HR personnel to whom the incident of sexual harassment has been referred must immediately inform one of the members of ICC, so that the ICC can initiate necessary action.                                                                       

Annexure - 2

List of Authorized Personnel to receive complaints –

  • AUSTRALIA
  • BANGLADESH
  • FRANCE
  • HONG KONG
  • INDIA
  • NEPAL
  • SINGAPORE
  • SRI LANKA
  • UNITED ARAB EMIRATES
  • UNITED KINGDOM
  • UNITES STATES OF AMERICA