POLICY ON SEXUAL HARRASMENT AT

WORK PLACE (PREVENTION, PROHIBITION

AND REDRESSAL OF SEXUAL
HARASSMENT)
THE POLICY WILL PROVIDE PROTECTION AGAINST SEXUAL HARRASMENT AT WORK PLACE AND FOR THE
PREVENTION AND REDRESSAL OF COMPLAINT OF SEXUAL HARRASMENT AND FOR MATTER CONNECTED
HEREWITH OR INCIDENTAL THERETO AS PER ACT 2013
 CONTENT

Policy guideline covers – under SHAWP (PP & ROSH)

 INTRODUCTION
 OBJECTIVE
 SCOPE & APLICABILITY
 CORE DEFINITION, OTHER DEFINITION
 MANAGING COMMITTEE
 INTERNAL COMPLIANT COMMITTEE
 INFORMAL REDRESSAL
 GRIEVANCE REPORTING PROCESSES
 GRIEVANCES REDRESSAL
 GYIDELINE FOR ICC TEAM
 POSSIBLE DISCIPLINARY ACTION
 PROTECTION AGAINST VICTIMISATION
 COMPLIANT MADE WITH MALACIOUS INTENT
 AMENDMENT & CHANGE
 INTRODUCTION

Sterling Wilson Private Limited, henceforth referred to SWPL, as an

employer is committed to creating a healthy and safe work
environment that enables employees to work free from unwelcome,
offensive and discriminatory behaviour.

The aim is to enable them to deliver their best at work without fear
of prejudice, gender bias, sexual harassment, exploitation and
intimidation within but not limited to the office premises and other
locations directly related to the Company’s business.

At SWPL, we have zero-tolerance for sexual harassment and are

committed towards giving every employee a just and fair hearing on
issues encountered by them at the workplace with special attention
to sexual harassment.
 OBJECTIVE

• The policy has been formed with a view to:

a. Promote a workplace equality & respect.

b. Provide a safe and congenial work environment.
c. Create awareness & sensitise about sexual harassment at
the workplace.
d. Prevent sexual harassment.
e. Provide formal & informal mechanism for redressal in case of
complaint of sexual harassment at the workplace.
f. Define the implications and outcome of sexual harassment.
g. Ensure protection against retaliation to complainants,
witnesses, committee members and other employees involved
in prevention and complaint resolution.
 OBJECTIVE

 All concerned should take cognizance of the fact that SWPL

strongly opposes sexual harassment, and that such behaviour
against women is prohibited by the law as set down in “The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013” and Rules framed thereunder being The
Sexual Harassment of Women at Workplace (hereinafter referred to
as “Act”) as well as the terms of employment.

• The policy meant to maintain a work environment that is free of

sexual harassment. We believe that a positive work environment
centered on our values is of utmost importance to individual and
company success. Accordingly, SW has a “Zero tolerance”
approach to the harassment of employees.
 SCOPE AND APPLICABILITY

This Policy is applicable to all allegations of sexual

harassment –

 The complaint or allegations made by an employee on another

employee irrespective of whether sexual harassment is alleged to
have taken place within or outside SWPL company premises

 The allegations of sexual harassment made by an employee on a

third party or by a third party on an employee within the premises
of SWPL.

 The allegations includes bad or undesirable conduct and

unreasonable interference with another employee’s employment or
creates an intimidating, hostile or offensive working environment.
Employee has every right to genuinely raise voice against this and
a right action will be taken against the accused. There will be no
exceptions to this policy.
 CORE DEFINITION

• Sexual Harassment includes any one or more of the following

unwelcome acts or behaviour (whether directly or by
implication) namely:

a. Physical contacts and advances;

b. A demand or request for sexual favours;
c. Making sexually coloured remarks;
d. Showing pornography;
e. Any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.
 CORE DEFINITION

• Following circumstances amongst other circumstances

mentioned above may constitute sexual harassment if it
occurs or is present in relation or connected with any act
or behaviour of sexual harassment:

a. implied or explicit promise of preferential treatment in their

employment;
b. implied or explicit threat of detrimental treatment in their
employment;
c. implied or explicit threat about their present or future
employment status;
d. Interfering with their work or creating an intimidating or
offensive or hostile work environment;
e. Humiliating treatment likely to affect the health and safety of
the aggrieved person
 OTHER DEFINITION - 1

The policy defines that the act of Sexual harassment will not be
tolerated, an individuals who engage in such behavior will be subject
to disciplinary action up to and including termination. Harassment
is prohibited whether it occurs at the workplace or elsewhere in the
course of employment responsibilities or working relationships.

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, including a contractor, with or, without the
knowledge of principal employer, 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 any
other such name;

Third Party means a non-employee who is visiting an SWPL office,

site or location. Example- vendor, supplier, client, etc.
 OTHER DEFINITION- 2

The policy defines that:

Complaint means the written complaint made by the aggrieved

employee about sexual harassment having been attempted or
committed.

Complainant means the person reporting the incident of Sexual

Harassment.

Aggrieved Employee is the person subjected to Sexual Harassment.

Respondent means the person who is alleged or reported to have

committed an act of Sexual Harassment
 OTHER DEFINITION- 3

The policy defines that:

Internal Complaints Committee (ICC) means a forum constituted

under section 4 of the relevant act to address sexual complaints.

Member means a member of the ICC.

Presiding officer means the presiding officer of the ICC.

Management committee (MC) means the body which will take a

final decision on the complaint.
 MANAGING COMMITTEE

The MC based on the recommendations of the ICC will take a final

decision on the actions to be taken on account of the investigation
into the complaint. Before taking a final decision the MC will have a
discussion with the Business Head of the concerned business and
the Group HR Head.

The MC should ideally go with the recommendation made by the ICC

Team unless they have a strong reason to go with another course of
action. They must keep the ICC Team informed of the final decision.
They should not discuss the case with anyone accept the ICC Team,
the Group HR Head and the Business Head of the concerned
business.

In extraordinary circumstances if the MC considers it necessary to

meet with the “Aggrieved Employee” and the “Respondent” they can
do so.
 MANAGING COMMITTEE

The MC will inform the concerned HR Head and ensure that the
appropriate actions are taken. The MC will also inform the
“Aggrieved Employee” of the action taken and will document

the synopsis of the case in a Sexual Harassment Case Summary

book and all members will sign at the end of the summary.

Managing Director , SWPL

Group CFO - SWPL
Group HR - Head
 INTERNAL COMPLANIT COMMITTEE (ICC)

• The MC shall appoint an Internal Complaints Committee (ICC) to

implement this policy and act as a forum for complaints of alleged
sexual harassment. The ICC shall be constituted of the following
members as nominated by the Company:

a. A woman employee employed at a senior level amongst the

employees shall act as presiding officer of the committee.

b. Not less than 2 members from amongst employees preferably

committed to the cause of women or who have had experience
in social work or have legal knowledge.

c. One member shall be from amongst Non-Governmental

Organizations (NGO) or associations committed to the cause of
women or a person familiar with the issues relating to sexual
harassment.
 INTERNAL COMPLANIT COMMITTEE (ICC) - 1

The members will be selected by the MC ensuring that at least 50%

of the members are women. The current members on the ICC are

Member and Presiding Officer : Gayathri Shankar – DGM- F & A

Member : Vijay S Pundir - Head HR Compliance
Member : Dashmi Kokare - Sr Manager - Legal ( Cont.)
Member : Swati Dokania – NGO (La Monnaie)
Member : Charu Singh - Head – L & D
Member : Dibyendu Ray - Regional Head – T & D (West)
Member : Vivek Prabhu - Head – Central Civil ( Procure.)
 INTERNAL COMPLANIT COMMITTEE (ICC) - 2

• While reviewing a complaint the Presiding officer will always have

to be in the team.
• Overall the complaint can be reviewed by a quorum consisting of
either 3, 5 or 7 members and if there are 3 members then the team
will consist of 2 female and 1 male member and if there are 5
members then the team will consist of 3 female and 2 male
members.
• Once a team is constituted to review a complaint it cannot be
changed during the proceedings and all members on that
particular team will have to attend all proceedings.
• The ICC will have an email id so that a complaint can directly be
sent to the email id without anyone else knowing of the same.
• The email id is <gayathrig@sterlingwilson.com>. On receiving a
complaint the presiding officer will constitute the team that will
hear the complaint and initial review will start within 2 working
days of having received the complaint.
 INTERNAL COMPLANIT COMMITTEE (ICC) - 3

• The Presiding Officer and every member shall hold office for such
period, not exceeding three years. A person shall be disqualified for
being appointed or continued as, Presiding officer / member of the
Committee if,
a. S/he has contravened the provision of confidentiality
b. S/he has been convicted for an offence or an enquiry into an
offence under any law is for the time being in force is pending
c. S/he has been found guilty in any disciplinary proceedings or
a disciplinary proceeding is pending
d. S/he has so abused her/his position as to render her/his
continuance in office prejudicial to the public interest.
e. There is a complaint of sexual harassment pending or the
person has been found guilty of sexual harassment.
• A Presiding Officer/ member of the ICC may resign at any time by
tendering a resignation in writing to the MC. It is the decision of the
MC as to whether to accept the resignation or not.
 INFORMAL REDRESSAL – PAGE 1

1. Sometimes it is better to take a preventive approach to ensure that

there is no case of sexual harassment. Also at times it helps if one can diffuse a
minor incident, which if not nipped there and then could lead to a situation
where someone is sexually harassed. It is better to tackle unwelcome behaviour
before it escalates to a situation of harassment.

2. In case you as an employee feel that someone is behaving in an

unwelcome manner and you want to ensure that the same does not get out of
hand an initial step would be to convey to the person who is the cause of distress
about what that persons actions is doing and that such behaviour is not
appreciated.

3. In case there is no change in the behaviour please approach the

concerned HR Head. If you are at a site or in the regional office approach the
concerned Regional HR Head. If you are in the HO location then approach anyone
in HR in your business unit.
 INFORMAL REDRESSAL – PAGE 2

4. You have the right to directly approach the concerned HR Head if you
are not comfortable approaching the concerned person directly.

5. If you as an employee feel that someone else is being subjected to

unwelcome behaviour then you can approach the concerned HR person on their
behalf.

6. It is not mandatory to follow the indirect redressal route and as an

employee you always have the avenue of making a direct complaint to the ICC.
However our past experience shows us that the indirect redressal helps eliminate
any niggling issues and actually brings down the instances of harassment.

7. Once the concerned HR person is approached s/he will speak with the
person and understand the problem. S/he will then in turn talk to the employee
whose behaviour in unwelcome and help them understand the effect of their
behaviour and will counsel them and make them appreciate the fact that
everyone should be treated in an amicable manner.
 INFORMAL REDRESSAL – PAGE 3

8. In some situations it may be a simple misunderstanding and in such

cases the concerned HR Head will talk to both of them simultaneously and make
them clear the misunderstandings.

9. The concerned HR Head will submit a brief synopsis of the same to the
Presiding Officer of the ICC and the concerned Company HR Head. All parties
involved will have to maintain strictly confidentiality and not discuss the same
with others.
 GRIEVANCE REPORTING PROCESS

1. The “Aggrieved Employee” can make the complaint regarding sexual

harassment - If the “Aggrieved Employee” is uncomfortable making the complaint
then s/he can approach someone else and ask them to make the complaint on their
behalf. The “Aggrieved Employee” has the right to approach someone outside the
organisation and ask that person to make the complaint on behalf of them.

2. At the same time if another employee witnesses a case of sexual

harassment and realises that the “Aggrieved Employee” may not make a complaint,
s/he can as a “Complainant” make a complaint and in that complaint mention who
the is the “Aggrieved Employee”.

3. In the unfortunate event that the “Aggrieved Employee” is dead then the
“Complainant” will have to take permission of the deceased, legal heir before
making the complaint. If the “Complainant” is not the “Aggrieved Employee” then
s/he need not disclose his / her identity.
 GRIEVANCE REPORTING PROCESS

4. The complaint may be made in writing via letter, complaint forms, or

via phone call, email face-to-face

5. If the complaint is made orally by the “Aggrieved Employee” then s/he

will be requested to confirm the complaint in writing and sign it before
proceedings are initiated.

6. If the complaint is made by a “Complainant” who is not the “Aggrieved

Employee” then the Presiding Officer of the ICC will have a discussion with the
“Aggrieved Employee” and then decide whether to proceed with the complaint
or not.
 GRIEVANCE REPORTING PROCESS

The complaint can be made through one of the following ways;

Email to the ICC email address <complaint@sterlingandwilson.com>

Emails to any one or more of the ICC Members.
Email addresses of the members are:
i. gayathrig@sterlingwilson.com
ii. dashmi.kokare@sterlingwilson.com
iii. vijay.pundir@sterlingwilson.com
Letter / written complaint addressed to –
i. Charu Singh – Head - L&D (HR)
ii. Debyendu Ray – Regional Head – T &D
iii. Dashmi Kokare – Sr Manager – Legal ( Contract)
Meeting with any of the people in the ICC face to face.
i. charu.singh@sterlingwilson.com
ii. vivekprabhu@sterlingwilson.com
iii. Vijay.pundir@sterlingwilson.com
 GRIEVANCE REDRESAL - STAGE

1. Within 2 working days of receiving a complaint the “Presiding Officer” of the

ICC will constitute a team hereafter referred to as the ICC Team consisting of 3, 5 or 7
members to address the complaint. Please note that if anyone else in the ICC receives a
complaint they must immediately pass it on to the Presiding Officer and not discuss the
same with anyone else.

2. The ICC Team, will meet with the “Aggrieved Employee” within 7 days of
receipt of the complaint. They will inform the “Aggrieved Employee” of this meeting at
least two days before the meeting. The meeting can be face to face or over VC or
Skype. Telephonic meetings are not allowed.

3. At the first meeting, the “Aggrieved Employee” will be heard and her/his
statements will be recorded. The complainant will be asked to produce any
corroborative material that can substantiate the complaint. If the ICC Team feels that
they need to have additional meetings with witnesses provided by the “Aggrieved
Employee” then they can have additional meetings.
 GRIEVANCE REDRESAL - STEPS
4. Then the “Respondent” will be informed of the complaint either via a
telephone call or email,

5. The Respondent will then be called for a meeting with the ICC Team not
later than 7 days post being informed of the complaint. At this meeting the
“Respondent” will be heard and will be allowed to produce his / her view of the
situation.

6. The meeting can be face to face or over VC or Skype. Telephonic meetings

are not allowed. Again if the ICC Team feels that they need to have additional
meetings with the witnesses provided by the “Respondent” then they can have
additional meetings.

7. Please note that the ICC Team will have to maintain a log of each meeting.
Who all were present, who were the witnesses called, date and time of meeting. It
would be ideal if the meetings could be recorded but if not possible to record each
meeting then the ICC Team will have to create a synopsis of the findings during each
meeting and sign the same.
 GRIEVANCE REDRESAL - STEPS
8. The ICC Team must ensure that all documentary evidence submitted is
signed by the “Aggrieved Employee” or the “Respondent” whoever submits the
evidence. Also witnesses who the “Aggrieved Employee” and / or “Respondent”
want to call during the proceedings must be informed to the ICC Team.

9. All witnesses must maintain decorum and the ICC Team has the right to
ask a witness to leave if they create obstacles or behave in an unruly fashion.

10. If either the “Aggrieved Employee” or the “Respondent” wants to see the
documentary evidence presented by the other the ICC Team will show them the
same but will not allow them to make copies of the same and keep them with
themselves.

11. If either the “Aggrieved Employee” or the “Respondent” wants to ask

questions to the witnesses produced by the other party then they will be allowed to
do so in the presence of the ICC Team. The ICC Team will decide whether a question
presented is acceptable and can stop the witness being questioned if it seems that
the witness is being intimidated.
 GRIEVANCE REDRESAL - STEPS

12. After having completed the meetings the ICC Team will consider all
evidences submitted and come to a decision. If they need that they need to talk to
an expert or someone other than the “Aggrieved Employee”, “The Respondent”
and the witnesses called by either of them they will take permission of the MC and
only meet with those people whom the MC approve to be met with.

13. After concluding discussions, the ICC Team will reach a conclusion on the
complaint and if they feel that the complaint was valid they will recommend a
punishment for the “Respondent” based on the severity of the harassment.

14. If they feel that the complaint was not valid and that it was just a
misunderstanding then they will recommend no action against either party. If they
feel that the complaint was not valid and was actually malicious then they will
recommend a punishment for the “Aggrieved Employee”.
 GRIEVANCE REDRESAL - STEPS

15. The recommendation along with the logs of all meetings and the synopsis
of the discussions at all meetings will be sent to the MC marked to attention of the
Chairperson. This entire process has to be completed within 30 days of having
received the complaint.

16. At no point of time can any member of the ICC Team discuss the case
with other members of the ICC or any other employee or external person or body
unless so required to do by law.
 GUIDELINE FOR ICC TEAM

THE FOLLOWING SHALL BE OBSREVED BY ICC TEAM-

a. Empathize with the “Aggrieved Employee”.
b. Remember that it may be difficult for an employee to talk about
anything ‘sexual’. Hence there can be a long time interval between the
harassment and the complaint
c. Investigate as early as possible. Delaying or extending an investigation
can make witness testimony increasingly unreliable.
d. Handle complaints in a confidential manner and within 30 working
days.
e. Provide safety for the “Aggrieved Employee” and the witnesses, if such
a need be felt and that the committee can recommend action against
persons indulging in intimidation of the complainant or witness to a
complaint.
f. Discard pre-determined notions like how a “Respondent” or “Aggrieved
Employee” should look or behave or dress.
g. Listen and ask questions without making comments.
 GUIDELINE FOR ICC TEAM Cont.

THE FOLLOWING POINT SHAL BE OBSERVED

h. Remember that most sexual harassment are committed in private; hence

there may not be any eye-witnesses.
i. Maintain a professional attitude and don’t take sides just go by the facts
presented.
j. Gather the facts; don't be judgmental.
k. Do not assume the “Respondent” is guilty.
l. Ask the “Aggrieved Employee” how does s/he want the problem resolved?
m. Make ‘discreet’ enquiries as to whether other employees have
experienced similar problems.
n. Be aware that witnesses are often reluctant to come forward out of fear
of reprisal.
o. Remember that the personal life of the “Aggrieved Employee” or the
“Respondent” is not relevant to any inquiry.
p. Take all complaints seriously and listen actively
 POSSIBLE DISCIPLINARY ACTION

In the event the ICC Team feels that the “Respondent” was at fault then it
must recommend a punishment based on the severity of the offense. Possible
punishments are
a. A letter of warning
b. Suspension for a period of time with no pay
c. Stoppage of Increment and / or Performance Bonus for a specified
time period
d. Reduction in Cadre
e. Curtailment of privileges
f. Fine
g. Termination of Services
h. Filing a formal complaint before the relevant authorities
i. Any other action that they may deem fit
 PROTECTION AGAINST VICIMISATION
 The ICC must ensure that the “Aggrieved Employee” is protected at all times during
the pending of an investigation and is not victimised during the period. This would
include taking some or all of the precautions listed below
a. Transfer the “Aggrieved Employee” or “Respondent” to any other workplace for a
temporary period.
b. Grant leave to the “Aggrieved Employee” during the proceedings. This leave will be over
and above the normal leave.
c. Restrain the “Respondent” from reporting on the work performance of the “Aggrieved
Employee” and making sure the “Respondent” cannot influence the performance ratings
of the individual
d. Grant any such other relief to the “Aggrieved Employee” as may be prescribed under
applicable law
 ICC Team will recommend appropriate steps to the MC who will then implement any measures
it deems necessary so as to ensure that the “Aggrieved Employee” in not victimised.
The MC will also ensure that
a. The complaint does not have any adverse effect on the “Aggrieved Employee’s” status /
job / salary / increment / promotion.
b. No show cause notice / disciplinary memo / transfer without request is issues to the
“Aggrieved Employee” during the proceedings.
 PROTECTION AGAINST VICIMISATION –Cont.

 In the unfortunate event where, despite the best of precautions, the

“Aggrieved Employee” is victimized, SW Group will treat this as a serious
matter and take disciplinary action against the perpetrator.

 The above holds true for the “Complainant” in case the “Complainant” is
different from the “Aggrieved Employee”

 At the same time ICC must ensure that the “Respondent” is protected
from unnecessary hardship and punishment during the pendency of the
proceedings.

 Anyone maligning the “Respondent” in forums outside the ICC Team

called meetings will face necessary disciplinary action.
 COMPLAINT MADE WITH MALACIOUS INTENT

 If, on investigation, the ICC Team believes after considering all facts and
evidence that the complaint was made with a malicious intent and with the
motive of maligning the concerned individual / tarnishing his/her image in the
company and to settle personal/ professional scores, they will recommend
strict action against the “Aggrieved Employee” and / or the “Complainant” in
the event of the two being separate individuals.

 In such cases the ICC Team can recommend a similar set of punishments as
documented in case they find the “Respondent” guilty of harassment.

 The ICC Team will recommend a punishment to the MC who in turn will take a
look at all evidence and give the final decision.
 AMENDMENT & CHANGE

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.
 END

Thankyou
Feb 29 2016

Vijay Pundir

Head, Compliance HR