Simulanis maintains a strict policy against any form of sexual harassment, as well as any attempts to hide or alter such incidents or evidence, and any retaliatory actions. We are fully dedicated to taking all required measures to guarantee a safe and respectful work environment for our employees, supporting their professional development, and fostering equal opportunities.
This policy has been framed in accordance with the provisions of "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013" and rules framed thereunder (hereinafter "the Act"). Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.
Simulanis Solutions Pvt. Ltd. believes in equal employment opportunity. We do not tolerate verbal or physical conduct creating an intimidating, offensive, or hostile environment for employees. Harassment of any kind including sexual harassment is forbidden in the Company and every employee has the right to be protected against it. We recruit competent and motivated people who respect our values, and provide equal opportunities for their development and advancement.
The "Policy on Prevention of Sexual Harassment of Women at Workplace: Guidelines for Simulanis Solutions Pvt. Ltd." intends to provide protection against sexual harassment of women at workplace and the prevention and redressal of complaints of sexual harassment and matters related to it.
2. Definitions
Sexual harassment may occur not only where a person uses sexual behavior to control, influence or affect the career, salary or job of another person, but also between co-workers. It may also occur between an employee of this company and someone that employee deals with in the course of his/her work who is not employed by the Company.
"Sexual Harassment" includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):
Any unwelcome sexually determined behavior, or pattern of conduct, that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely:
Physical contact and advances;
Demand or request for sexual favors;
Sexually coloured remarks or remarks of a sexual nature about a person's clothing or body;
Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc.;
Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person's wishes;
Giving gifts or leaving objects that are sexually suggestive;
Eve teasing, innuendos and taunts, physical confinement against one's will or any such act likely to intrude upon one's privacy;
Persistent watching, following, contacting of a person; and
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The following circumstances if it occurs or is present in relation to any sexually determined act or behavior amount to sexual harassment:
Implied or explicit promise of preferential treatment in employment;
Implied or explicit threat of detrimental treatment in employment;
Implied or explicit threat about the present or future employment status;
Interference with the person's work or creating an intimidating or offensive or hostile work environment; or
Humiliating treatment likely to affect her health or safety.
The reasonable person standard is used to determine whether or not the conduct was offensive and what a reasonable person would have done. Further, it is important to note that whether harassment has occurred or not, does not depend on the intention of the people but on the experience of the aggrieved woman.
Aggrieved woman: In relation to a workplace, an aggrieved woman is defined as a woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent and includes contractual and temporary workers, visitors, etc.
Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved woman.
Employee: A person employed at the 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 the 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 coworker, a contract worker, probationer, trainee, apprentice or by any other such name.
Workplace: In addition to the place of work, it shall also include any place where the aggrieved woman or the respondent visits in connection with his/her work, during the course of and/or arising out of employment/ contract/ engagement with this company, including transportation provided for undertaking such a journey.
Employer: A person responsible for management, supervision and control of the workplace.
3. Roles & Responsibilities
Responsibilities of Individual: It is the responsibility of all to respect the rights of others and to never encourage harassment. It can be done by:
Refusing to participate in any activity which constitutes harassment;
Supporting the person to reject unwelcome behavior;
Acting as a witness if the person being harassed decides to lodge a complaint.
All are encouraged to advise others of behavior that is unwelcome. Often, some behaviors are not intentional. While this does not make it acceptable, it does give the person behaving inappropriately, the opportunity to modify or stop their offensive behavior.
Responsibilities of Managers: All managers in this company must ensure that nobody is subjected to harassment and there is equal treatment. They must also ensure that all employees understand that harassment will not be tolerated; that complaints will be taken seriously; and that the complainant, respondent/s, or witnesses are not victimized in any way.
4. Redressal Mechanism - Formal Intervention
In compliance with the Act, if the complaint warrants formal intervention, the complainant needs to lodge a written complaint, which shall be followed by a formal redressal mechanism as described in this Policy. In case of a verbal complaint, the complaint will be reduced in writing by the receiver of the complaint and signatures of the complainant will be obtained.
5. Internal Complaints Committee (henceforth known as "committee")
1. To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same, an "Internal Complaints Committee" has been constituted. The details of the committee are notified to all covered persons at the workplace.
Presiding Officer: A woman employed at a senior level in the organization or workplace;
At least 2 members from amongst employees, committed to the cause of women;
One external member, familiar with the issues relating to sexual harassment, and/or having legal knowledge;
The complainant needs to submit a detailed complaint, along with any documentary evidence available or names of witnesses, to any of the committee members at the workplace.
The complaint must be lodged within 3 months from the date of incident/ last incident. The Committee can extend the timeline by another 3 months for reasons recorded in writing, if satisfied that these reasons prevented the lodging of the complaint.
Provided that where such a complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Complaint Committee shall render all reasonable assistance to the women for making the complaint in writing.
If the aggrieved woman is unable to lodge the complaint in account of her incapacity, the following may do so on her behalf, with her written consent.
If the initial complaint is made to a person other than a committee member, upon receiving such a complaint, it will be the responsibility of the complaint receiver to report the same to the committee immediately.
Wherever possible our company ensures that all the complaints of harassment are dealt with speedily, discreetly and as close as possible to the point of origin.
Dealing with incidents of harassment is not like any other type of dispute. Complainants may be embarrassed and distressed and it requires tact and discretion while receiving the complaint.
The following points are kept in mind by the receiver of the complaint:
Care must be taken to prevent any disadvantage to, or victimization of either the Complainant or the Respondent.
8. Resolution procedure through Conciliation
Once the complaint is received, before initiating the inquiry the committee may take steps to conciliate the complaint between the complainant and the respondent. This option must be opted for only if requested by the aggrieved woman.
It is made clear to all parties that conciliation in itself doesn't necessarily mean acceptance of complaint by the respondent. It is a practical mechanism through which issues are resolved or misunderstandings cleared.
In case a settlement is arrived at, the committee records & reports the same to the employer for taking appropriate action. Resolution through conciliation happens within 2 weeks of receipt of the complaint.
The committee provides copies of the settlement to the complainant & respondent. Once the action is implemented, no further inquiry is conducted.
9. Resolution procedure through Formal Inquiry
1. Conducting Inquiry:
2. Manner of inquiry into complaint:
3. Interim relief:
4. Termination of Inquiry:
5. Inquiry procedure:
All proceedings of the inquiry are documented. The Committee interviews the respondent separately and impartially. The Committee states exactly what the allegation is and who has made the allegation. The respondent is given full opportunity to respond and provide any evidence, etc. Detailed notes of the meetings are prepared which may be shared with the respondent and the complainant upon request. Any witnesses produced by the respondent are also interviewed & statements are taken.
If the complainant or the respondent desires to cross examine any witnesses, the Committee facilitates the same and records the statements.
In case the complainant or the respondent seeks to ask questions to the other party, they may give them to the Committee which asks them and records the statement of the other party.
Any such inquiry is completed, including the submission of the Inquiry Report, within 90 days from the date on which the inquiry is commenced. The inquiry procedure ensures absolute fairness to all parties.
6. Considerations while preparing inquiry report:
While preparing the report of the findings/recommendations, the following points are to be considered:
7. Action to be taken after inquiry
8. Complaint unsubstantiated:
9. Complaint substantiated:
10. Malicious Allegations
11. Confidentiality
12. Appeal
Any party not satisfied or further aggrieved by the implementation or non-implementation of recommendations made may appeal to the appellate authority in accordance with the Act and Rules, within 90 days of the recommendations being communicated.