THE MEHTA

GROUP

GSCL/SCL

 

POLICY ON SEXUAL HARASSMENT

OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL)

 HR

POLICY NO. 37

 

 

01: OBJECTIVE                                                                                                                                         .                                                                                                                                                                                  

1.1:     The policy has been laid down to create a healthy working environment that enables        women employees to work without fear of prejudice, gender bias and sexual         harassment.

1.2:      Full compliance of Sexual Harassment of Women at Workplace (Prevention,         Prohibition and Redressal) Act, 2013.

02: SCOPE                                                                                                                                               .                                                                                                                                                               

2.01:     This Policy extends to all women employees at "work place” of the Company

2.02:    “Sexual harassment” would mean and include any of the following:                      

i)                    physical contact and advances; or

ii)                  a demand or request for sexual favours; or

iii)                making sexually coloured remarks; or

iv)                showing pornography; or

v)                  any other unwelcome physical, verbal or nonverbal conduct of sexual nature.

 

2.3:    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:-

 

(i)                 implied or explicit promise of preferential treatment in her employment; or


(ii)               implied or explicit threat of detrimental treatment in her employment; or

                                (iii)       implied or explicit threat about her present or future  employment status; or


(iii)             interference with her work or creating an intimidating or offences or hostile work environment for her; or


(iv)              Humiliating treatment likely to affect her health and safety

 

 

 

2.4: “aggrieved woman” In relation to a workplace means, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent;

 

2.5: “Employee” means any person on the rolls of the Company including those on deputation, contract, temporary, part time or working as consultants for remuneration or not, or working on voluntary basis or other wise.

 

0.3:  COMPLAINT RESDRESSAL COMMITTEE      2015 - 2018                                                         .                                                                                                                                                               

 

A Committee has been constituted by the Management to consider and redress complaints

of Sexual Harassment. The Chairman and Members of the Committee are as follows:


Official

 Corporate  SCL

Corporate GSCL

SCL

GSCL

Marketing

Presiding Officer

VP – Legal & CS

Manager HR

Nurse

Headmistress of N K DAV Public School

Sr. Manager – Accounts

Members

Executive Director – Operations & Projects

Director - Legal

GM - Mines

Manager - Administration

Jt. President (Corp & PR)

Members

DGM – Administration

Secretary

Legal Officer

Dy. Manager - Legal

Hemant Sharma

Members

Secretary to Chairman

Administration Officer

 

 

DGM - Marketing

NGO Representative

NGO Representative

NGO Representative

NGO Representative

NGO Representative

NGO Representative

 

0.4   RESDRESSAL PROCESS                                                                                                                 .                                                                                                      

 

4.01: Any aggrieved woman may make, in writing, a complaint of sexual harassment at      

         work place to the Internal Committee within a period of three months from the date   of incident in case of a series of incidents, within a period of three months from the date of last incident:

 

4.02: The Committee will maintain a register to endorse the complaint received by it and keep the contents confidential, if it is so desired, except to use the same for discreet investigation.

 

4.03: Where such complaint cannot be made in writing, the Presiding Officer or any      Member of the Internal Committee shall render all reasonable assistance to the       woman for making complaint in writing.

 

4.04: Where the aggrieved woman is unable to make a complaint on account of her       physical or mental incapacity or death or otherwise, her legal heir or such other            person as may make a complaint under this policy.

 

4.05:  At the first meeting, the Committee members shall hear the Complainant and record      her/his allegations. The Complainant can also submit any corroborative material with        a documentary proof, oral or written material, etc., to substantiate his / her             complaint. If the Complainant does not wish to depose personally due to    embarrassment of narration of event, a lady officer for lady employees involved and            a male officer for male employees involved shall meet and record the statement.

 

4.06: The Committee will hold a meeting with the Complainant within seven days of the            receipt of the complaint.

     

0.5:   Enquiry                                                                                                                                            .                                                                                                      

 

5.01:   The Internal Committee may before initiating an inquiry and at the request of the            aggrieved woman take steps to settle the matter between her and the respondent    through conciliation.

 

5.02:   Where the settlement has been arrived at, the Internal Committee shall record the          settlement and forward to employer.

 

5.03    Provided further that where the parties are employees, the parties shall, during the         course of inquiry, be given opportunity of being heard and a copy of the findings      shall be made available to both the parties enabling them to make representation         against the findings before the committee.

 

5.04:   For the purpose of making an inquiry under sub-sec. (1) the Internal Committee shall       have the same powers as are vested in a civil court under the 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.

 

5.06: The inquiry shall be completed within a period of ninety days from the date of        receipt of the complaint.

 

5.07: During the pendency of an inquiry, on a written request made by the aggrieved      woman, the Internal Committee may recommend to the employer to-

 

(a)   transfer the aggrieved woman or the respondent to any other workplace; or

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

(c)    grant such other relief to the aggrieved woman as may be prescribed

 

5.08: The leave granted to the aggrieved woman under this section shall be in addition to           the leave she would be otherwise entitled.

 

5.09:  On the recommendation of the Internal Committee the employer shall implement             the recommendations and send the report of such implementation to the Internal      Committee.

 

5.10:  On the completion of an inquiry the Internal Committee shall provide a report of its          findings to the employer within a period of ten days from the date of completion of   the inquiry and such report be made available to the concerned parties.

 

5.11:  The Committee shall complete the “Enquiry” within reasonable period but not beyond      three months and communicate its findings and its recommendations for action to        the Managing Director. The report of the committee shall be treated as an enquiry       report on the basis of which an earring employee can be awarded appropriate punishment under the service rules applicable to respondant.

 

5.12:  Where the Internal Committee arrives at the conclusion that the allegation against           the respondent has not been proved, it shall recommend to the employer and that     no action is required to be taken in the matter.

 

 5.13:  Where the Internal Committee arrives at the conclusion that the allegation against          the respondent has been proved, it shall recommend to the employer.

 

(i)                 To take action for sexual harassment as misconduct in accordance with the provisions of the service rules applicable to the respondent.

(ii)               To deduct, notwithstanding anything of the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman.

 

5.14: For the purpose of determining the sums to be paid to the aggrieved woman the     Internal Committee shall have regard to:

 

(a)       the mental trauma, pain, suffering and 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 and financial status of the respondent;

 

(e)       Feasibility of such payment in lump sum or in instalments.

 

5. 15:  Where the Internal Committee arrives at a conclusion that the allegation against the       respondent is malicious or the aggrieved woman making complaint has made the       complaint knowing it to be false it may recommend to the employer to take     appropriate disciplinary action and may lead to termination of service.

 

5.16: The employer shall act upon the recommendation within sixty days of its receipt by            him. The Managing Director will direct appropriate action in accordance with the   recommendation proposed by the Committee.

 

6:    OTHER PPRVISIONS                                                                                                                        .

 

6.01     If internal committee arrives at a conclusion that the allegations against the

            respondant is malicious or the aggrived woman/ complainant has made the

            complaint knowing it to be false or has produced any forged or misleading

            documents, it may recommend to the employer to atake action in accordance with

            provisions under service rules applicable to complainant

 

6.02     If internal committee arrives at a conclusion that during the enquiry any witness has

             given false evidence or produced any forged or misleading documents, it may

             recommend to the employer to atake action in accordance with provisions under

             service rules applicable to cthe concerned

 

6.03     The contents of the complaint made in the application, the identity and addresses of

              the aggrieved woman, respondent and witnesses, any information relating to     conciliation and inquiry proceedings, recommendations of the Internal Committee             and the action taken by the employer shall not be published, communicated or made   known to the public, press and media in any manner.

 

6.04     The Internal Committee shall in each calendar year prepare, as may be prescribed

              under law, an annual report and submit the same to the employer.

 

6.05     In  case  the  Committee  find  the  degree  of  offence  coverable  under  the Indian        Penal Code, then this fact shall be mentioned in its report and appropriate action         shall be initiated by the Management, for making a Police Complaint.

7:  GENERAL TERMS & CONDITIONS                                                                                                .                                                                                                                     

7.01:    In case of interpretation of any provisions under the policy, the provisions under relevant law, rules or amendments as the case may be, shall prevail.

7.02   The rules contained herein can be changed at anytime, by the management in                                     accordance with the law.

7.03      All other provisions of the Sexual Harrassment of Women at Workplace (Prevention, Provibition and Redressal) Act 2013 and Rules shall apply

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