Policy Number - 
Prevention of Sexual Harassment
Policy Distribution - All Employees of ICANIO
Confidentiality - Confidential only HR Department at ICANIO
Effective date - Jan 2022
Objective

ICANIO is committed to the highest standards of openness, probity and accountability. To this extent, we are determined to provide a work environment free from any form of unlawful discrimination and to maintain a workplace where all employees are considered equal and the dignity of each employee is respected and promoted. Any employee who is involved in sexual harassment will be subjected to appropriate disciplinary action.
Applicability

It is applicable for of all Employees of ICANIO
Policy content - Guidelines

Spirit of the Policy :

a. We strive to promote equality through the prevention, elimination and redressal of discrimination in the form of sexual harassment at the workplace.

b. Through this policy we aim to:

  1. Encourage our employees to take an active role in preventing sexual harassment.

  2. Deter employees from getting involved in any form of sexual harassment.

  3. Assure all employees that they can rely upon the organization’s support in resolving their concerns on any form of sexual harassment at work.

Prohibition of Sexual Harassment

  1. Harassment at work, including sexual harassment is a form of discrimination that adversely impacts equality at work, dignity and rights of individuals.

  2. Harassment detracts from a productive working environment and can affect the health, confidence, morale and performance of those affected by it, including anyone who witnesses or knows about such unwanted Behavior.

  3.  Sexual Harassment at workplace or extension of workplace is strictly prohibited. Further, any retaliation against an individual who has complained about sexual harassment or has cooperated/participated in an investigation of sexual harassment complaint is strictly prohibited.

  4. This document has a list of behaviors that are unacceptable and may constitute sexual harassment. Also listed is the procedure by which complaints of inappropriate conduct are handled by the organization.

  5. While this policy sets forth ICANIO’s policy of promoting a workplace free of sexual harassment, it does not limit Company’s authority to discipline or take remedial action for workplace conduct which it deems unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.

Scope of the Policy

  • This policy is applicable to all allegations of sexual harassment at the workplace. Workplace includes all those places visited by an employee arising out of or during the course of employment. Workplace also includes extended workplace including transportation provided by the Company for undertaking such journey, place of stay and work, venue of work- related events etc.
Applicability of the Policy

  1. This policy shall be applicable to all employees and also to part-time, temporary, contractual or casual personnel, trainees, persons on probation and apprentices while on an engagement with ICANIO as well as any other third party whilst present on ICANIO premises.

  2. ICANIO’s customers, vendors, consultants, and anyone else doing business at ICANIO’s premises or in relationship to any work being carried out on behalf of ICANIO must also comply with this policy.

Policy and Procedure for Disclosure, Enquiry and Disciplinary Action
What constitutes Harassment?

  • Harassment is any unwelcome verbal, non-verbal or physical conduct that is offensive, demeaning, humiliating, derogatory, or any other inappropriate behavior that fails to respect the dignity of an individual.

    An act/ conduct can be categorized as harassment if:

  1. It has the purpose or effect of violating the dignity of another.
  2. It has the purpose or effect of creating an intimidating, hostile, or offensive work environment.
  3. It has the purpose or effect of unreasonably interfering with an individual's work performance.
  4. It otherwise adversely affects an individual's employment or career pursuit opportunities.

What is Sexual Harassment?

  • “Sexual harassment" includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:

  1. physical contact and advances; or
  2. a demand or request for sexual favors; or
  3. making sexually colored remarks; or
  4. showing pornography; or
  5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

  • Explanation: The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:

    a. implied or explicit threat or detrimental treatment in employment; or

    b. implied or explicit threat about present or future employment status; or

    c. interference with work or creating an intimidating or offensive or hostile work environment; or

    d. humiliating treatment likely to affect health or safety.

    The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to any employee or employees may also constitute sexual harassment.

    (Ref: Some acts which constitute Act of Sexual Harassment are given in Annexure A)

Prevention of Sexual Harassment

Consistent with the existing law, Company will ensure all reasonable steps for prevention of sexual harassment at work. Such steps will include:

  1. Wide circulation of prevention of sexual harassment policy amongst employees;
  2. Establishing an internal complaints committee (called IC at ICANIO) to respond to sexual harassment complaints as set out below and provide all assistance to the said committee
  3. Implementation of the findings of the aforesaid complaints committee
Prevention of Sexual Harassment (POSH) Committee:
ICANIO has a Prevention of Sexual Harassment Committee (hereinafter referred to as the "IC") constituted in the location to implement and enforce this policy.
(Ref: Details on IC composition is given in Annexure B)
Annexure B
  1. In accordance with the legal requirements, the IC shall have:
    1. a senior level woman employee as the Presiding Officer
    2. at least two other employees committed to the cause of women or who have experience in social work or legal knowledge
    3. a member from a third party / NGO who is adequately conversant with the issue of sexual harassment
    4. provided that at least half the members shall be women employees
    5. The members of the IC including the Chairperson will be rotated once every three years.
  2. Subject to the above, ICANIO will determine the nature and composition of the committeeas it deems appropriate and notify the same to employees.
  3. The following functions are executed by the IC:
    1.      inquiring into / investigating complaints
    2.      recommending actions based on investigation and reporting
Reporting Sexual Harassment Concern

Any person falling within the ambit of this policy, who feels s/he has been subjected to sexual harassment (or any other person acting in good faith on his/her behalf) will have the option to seek formal intervention from the IC through the following means:
Email to :

  1. posh@icanio.com
  2. Contacting the IC members:
    1. within a period of 3 months from the date of the incident or in case of a series of incidents. Provided that where such complaint cannot be made in writing, IC members shall provide all reasonable assistance to the complainant for making the complaint in writing.
    2. Provided further that the IC may extend this time limit for another 3 months for reasons given in writing, if it is satisfied that circumstances prevented the complainant from filing within the stipulated period.
Action on Receiving a Complaint
a. Conciliation
On receipt of a formal complaint, the IC will:
  1.  At the request of the complainant, attempt to settle the matter between the complainant and respondent through conciliation prior to initiating an inquiry.
  2. if this is successful, forward the settlement so arrived at to senior management for implementation, and provide copies of the settlement to the parties involved.
  3. inquire into any complaint by the complainant that the terms and conditions of the settlement arrived at have not been complied with by the respondent or forward the same to the police.
b. Inquiry
  1.  An inquiry into a complaint of sexual harassment will be completed within a period of 90 days.
  2. Such investigation into a complaint will be conducted in such a way as to maintain confidentiality to the extent practical under the circumstances.
In General, the IC will ensure that the principles of natural justice are adhered to including:
  1.  giving reasonable opportunity to both parties to be heard as well as taking on record any relevant documents;
  2. Upon completion of inquiry providing a report of its findings to both parties thereby enabling them to make a representation against these findings before it;
  3. taking all other actions necessary to ensure a fair and equal process including ensuring that neither complainant nor supporting witnesses nor any other person cooperating with the inquiry process is victimized or discriminated in any way.
c. Actions pending Inquiry

During pendency of an inquiry the IC will have discretion to make appropriate interim recommendations upon a written request by the complainant to:

  1. Transfers the complainant or respondent to any other workplace; or
  2. Grant leave to the complainant of up to 3 months provided this will be in addition to the leave that the complainant would normally be entitled to;
  3. Or grant such other relief to the complainant as may be required in the circumstances of the matter
d. Completion of Inquiry

  1. The IC on completion of an inquiry will provide a report of its findings within 10 days from the date of completion to the concerned HR team and management.

  2. Necessary action to be taken within 60 days of receipt of the IC’s report.
  3. that the complainant would normally be entitled to;
  4. Or grant such other relief to the complainant as may be required in the circumstances of the matter
e. Action in case of False Complaint
  1. If after conducting investigations as per the process laid down above, the IC finds that the complainant has made a false or malicious complaint or has produced any forged or misleading document, it may recommend action to be taken against the complainant.
  2. The IC will conduct an enquiry in accordance with the prescribed procedure to establish such malicious intent prior to making any recommendation.
  3. Mere inability to sustain a complaint or to provide adequate proof will not attract action against the complainant.
f. Recommendations

Based on its findings, the Complaints Committee shall then make appropriate recommendations 
which may include:

  1.  Where the Complaints Committee is unable to uphold the complaint, it shall recommend no action.
  2. Where the Complaints Committee upholds the Complaint, it may recommend such action as stated within the relevant Policy or Service Rules, which may include a warning to terminate. Recommended action may include:
    1.  Disciplinary action, including a written apology, reprimand, warning, censure;
    2. Withholding promotion/ pay raise/ increment;
    3. Termination; 
    4. Counselling;
  3. The Complaints Committee may also recommend financial damages to the complainant, while deciding the amount they shall take into consideration:
    1. Mental trauma, pain, suffering and emotional distress caused;
    2. Medical expenses incurred;
    3. Loss of career opportunity;
    4. Income and financial status of the respondent. If the amount is not paid it can be recovered as an arrear of land revenue.
  4. The Complaints Committee can also give additional recommendations to address the underlying factors contributing to sexual harassment at the workplace.
Remedies:

In the event the investigations carried by IC confirms an act of sexual harassment against an accused person, IC will make such recommendations to Company’s management as it deems fit and advice initiation of appropriate disciplinary / remedial action.
Obligation of employees:
  1. Pursuant to the preventive steps under this policy, employees should ensure that they:
    1. Become fully informed about the contents of this policy.
    2. Co-operate with any measures introduced to promote equal opportunities.
    3. Respect the sensitivities of others.
    4. Refrain from taking discriminatory actions or decisions which are contrary to the letter or spirit of this policy.
    5. Offer information and support to any person who they suspect is being harassed and/or
    6. otherwise report any such instance of sexual harassment to the appropriate persons.
    7. Maintain confidentiality regarding any aspect of an inquiry to which they may be party to. Failure to maintain confidentially as required herein may result in disciplinary action.
  2. Notwithstanding the company's internal procedure, every employee retains the right to file a complaint of unlawful discrimination and harassment under the law of the land with local authorities. If an employee chooses to file such a complaint, Company will provide all reasonable assistance in this regard.
Obligation of Managers, Supervisors/Team Leads:

All Managers and Supervisors/Team Leads should ensure that:

  1. They foster a climate free of discrimination in their teams.
  2. Those who report to them comply with this policy
  3. They do all that is necessary to ensure that prompt and effective action is taken on any complaint they receive.
  4. They do not instruct, induce or attempt to induce or pressurize or otherwise allow other employees to act in breach of this policy

They provide all reasonable assistance to the victim for making a complaint

Continuous sensitization of employees to issues on prevention of harassment

In addition to the above, Company will continue to sensitize and train employees on issues concerning the prevention of sexual harassment. 

Right to appeal

If any of the parties to the complaint is / are dissatisfied with actions taken by Company’s management for resolution of a complaint, they can file an appeal to the court or Tribunal
Roles
Responsibilities
Employees

  • Employees Shall understand their obligations listed above and abide by it.

Reporting Manager 

  • Managers Shall understand their obligations listed above and abide by it.
Management
  1. Form Internal Complaints Committee and authorize them to implement the policy

  2. Execute the proposals made by Internal complaint committee. 

HR/Legal Team

  • Ensure Compliance of IC in accordance to law

HR Manager

  •  Overall process and policy ownership. 

Annexure A

Acts constituting Acts of Sexual Harassment at Workplace*

  1. Circulation or display of material, written, printed or otherwise that is sexual in nature, sexist, sexually explicit (Objectionable material). Putting of Objectionable material at workspace or alongside belongings, or on a computer or fax machine or on the Internet or any other public display system or public place in the work premises;
  2. Verbal abuse or comments that demean a person because of their sex
  3. Comments about physical appearance
  4.  Sexually coloured remarks
  5. Discussion of one's partner's sexual inadequacies
  6. Tales of sexual exploits and encounters
  7. Intrusive questions about sexual activity
  8. Graphic descriptions or display of pornography
  9. Sexually explicit gestures
  10. Offensive gestures
  11. Indecent exposure
  12. Leering
  13. Unwelcome touching and hugging
  14. Sexual or physical contact, ranging from kissing or touching to serious assault
  15. "Accidentally" brushing sexual parts of the body
  16. Pressing or rubbing up against a victim
  17. Sexual sneak attacks (such as grabbing private parts on the run)
  18. Sexist and insulting graffiti
  19. Lewd and threatening letters
  20. Sexist jokes and cartoons
  21. Obscene phone calls, texts, messages
  22. Insisting that workers wear revealing clothing
  23. Inappropriate gifts like lingerie, undergarments, sexually explicit literature, objects
  24. Pressure for dates
  25. Subtle or overt pressure for sexual favours
  26. Soliciting or demanding sexual services
  27. Repeated sexual invitations even when the person invited has refused / ignored such invitations.
  28. Sexual assault.
  29. Coerced sexual intercourse
DECLARATION:

This is to confirm that I have read and understood the above mentioned policy.

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