POSH Policy (Prevention of Sexual Harassment)

Purpose:
OIT’s POSH Policy aims to create safe work environment which is free from any form of sexual harassment. It provides protection to all employees (especially female employees, including third party workers in its premise) and ensures that everyone is being treated with dignity and respect and has access to appropriate mechanism for redressal of complaints of sexual harassment.

Scope:

OIT’s POSH Policy applies to all categories of employees including permanent, temporaries, trainees, and workers on contract deployed within its premise or at client/work sites.

2. Definitions

2.1. Sexual Harassment–

Includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) such as:

• Physical contact and advances; or
• A demand or request for sexual favors
• Making sexually colored remarks
• Showing pornography or other offensive or derogatory pictures, cartoons, representations, graphics, pamphlets, or sayings
• Any other unwelcome physical, verbal or non – verbal conduct of sexual nature
• Implied or explicit promise of preferential treatment in their employment
• Implied or explicit threat of detrimental treatment in their employment
• Implied or explicit threat about their present or future employment status
• Interfering with their work or creating an intimidating or offensive or hostile work environment; humiliation treatment likely to affect their health or safety
• Humiliating treatment likely to affect the health and safety of the aggrieved person
• Acts or behavior, with intention to outrage the modesty of a female employee, will be considered as sexual harassment.

2.2. Complainant:

Any person who has experienced incident violating his/her personal space and is covered under the policy and lodges a complaint is termed as Complainant. Any person can file a complaint under this policy and is applicable to all OIT employees including contract employees, trainees, and any visitor to the OIT premises.

2.3. Respondent:

A person against whom a complaint of sexual harassment has been made.

2.4. Workplace:

It includes any department, organization, undertaking, establishment, enterprise institution, office, or branch unit. Any place visited by the employee arising out of or during employment including transportation provided by the employer for undertaking such journey. It also includes any social, business, or other functions where the conduct or comments may have an adverse impact on the workplace or workplace relations.

3. Employee Conduct

OIT’s POSH Policy is applicable to every employee whether directly or indirectly hired by the firm and it imposes responsibility on each to ensure a safe, secure, and dignified work environment which is free from sexual harassment and should make personal undertaking that their personal behavior is not contrary to this Policy.
When an incident of sexual harassment occurs, the victim of such conduct can communicate her/his disapproval and objections immediately to the harasser and request the harasser to behave decently. If the harassment does not stop or if victim is not comfortable with addressing the harasser directly, he/ she can bring his/her concern to the attention of Internal Complaint Committee (ICC).
The Company shall encourage proper workplace behavior and prevent any incident of sexual harassment by the following:

• OIT imposes responsibility on every Employee to behave in a manner which does not disrespect any individual and never encourage harassment. If this conduct is not followed, then the management holds the responsibility to take appropriate action against the individual conducting such behaviors.
• Display the penal consequences of sexual harassment and the grievance mechanism to be followed if such incident takes place.
• Organize workshops and awareness programs at regular intervals for sensitizing employees.
• Treat sexual harassment as a misconduct under its service rules and code of conduct.
• Provide assistance to the individuals as per provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013.
• Employees are encouraged to support the victim in case if any employee approaches claiming he/she has been sexually harassed. Individuals should direct them to file a complaint with any member of the ICC or support them by writing a complaint on their behalf to the ICC. However, maintaining confidentiality is crucial.

4. Constitution of the Internal Complaints Committee (ICC):

Internal Complaints Committee shall be constituted of the following members as nominated by the Company and it would ensure that not less than one-half of the members of ICC will be women.

• A woman employee employed at a senior level amongst the employees shall act as Presiding Officer (ICC-PO) of the committee. In case a senior level woman employee is not available, the PO shall be nominated from other offices including its subsidiaries.
• Not less than 2 members from amongst employees preferably committed to the cause of women who have had experience in social work OR have legal knowledge
• One member shall be from amongst non-governmental organizations OR associations committed to the cause of women OR a person familiar with the issues relating to sexual harassment.

5. Complaint Mechanism

Whether or not such conduct constitutes an offence under law or a breach of the service rule/code of conduct, an appropriate complaint mechanism in the form of ‘Internal Complaints Committee’ shall be created in the Company for time-bound redressal of the complaints made by any victim.

5.1 Lodging Complaints

Every complaint received shall be forwarded to internal complaint committee formed under the policy for redressal. The investigation shall be carried out by Internal Complaints Committee constituted for this purpose.
The name of the members of the Internal Complaints Committee is as per Annexure A of this policy and any change in such composition shall be affected in the policy
The Presiding Officer and every member shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
The responsibility of ICC includes:

• Investigating every formal written complaint of sexual harassment.
• Taking appropriate remedial measures to respond to any substantiated allegations of sexual harassment.
• Discouraging and preventing employment-related sexual harassment.
• Maintaining confidentiality while investigating and after investigating cases of sexual harassment.
• Acting in a fair manner and taking proceedings as per evidence and witnesses.
• Providing redressal to individuals in case of False complaints.

5.2. Complaint and Investigation Mechanism- 

Any aggrieved person may make, in writing, a complaint of sexual harassment at workplace to ICC giving details of the sexual harassment meted out to her/him preferably within a period of 3 months from the date of incident and in case of a series of incidents, within a period of 3 months from the date of last incident, which may be extended for a further period of 3 months, if circumstances warrant such extension in the opinion of the Internal Complaints Committee.
The Presiding Officer or any Member of the Internal Complaints Committee can render reasonable assistance to the person for making complaint in writing in case they are unable to do so. Where the aggrieved person is unable to make a complaint on account of their physical incapacity, a complaint may be filed by:

• relative or friend
• a co-worker
• an officer of the National Commission for Women or State Women’s Commission
• any person who has knowledge of the incident, with the written consent of the aggrieved person.

Where the aggrieved person is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of their legal heir.
The Complainant or person authorized on their behalf as per above provision, shall make a complaint to the Internal Complaints Committee through following mode:

• Copy of complaint along with supporting documents and names and address of witness shall be sent to Internal Complaints Committee at info@orientalindia.com
• The hard copy of the complaint and associated documents/material evidence can be submitted by hand or through courier to address provided herein.

To: Executive Director, Human Resources, OSE Commercial Block, Asset 5B, Aerocity, Hospitality District, IGI Airport, New Delhi, Delhi 110037 
On receipt of complaint, the Internal Complaint Committee shall send 1 of the copies of the complaint received from aggrieved to the accused within a period of 7 working days. The accused shall file his reply to the complaint along with supporting documents and the names and addresses of witnesses, within a period not exceeding 10days from the date of receipt of the copy of the complaints along with documents.
The ICC-PO shall decide the place and time for hearing the complaint and shall intimate the date, time and place of hearing to the Complainant and Respondent. The Internal Complaints Committee shall follow principle of Natural Justice while handling such complaints.
The Internal Complaint Committee may before initiate an inquiry, and at the aggrieved person’s request, attempt to settle the matter through conciliation. However, Internal Complaints Committee shall ensure that:

• Monetary settlement will not be made as a basis of conciliation.
• Where a settlement has been arrived, the settlement terms shall be signed by both the parties and shall be provided with a copy of it. Where, a settlement is arrived as mentioned hereinabove, no further enquiry shall be conducted by the Internal Complaints Committee.

Internal Complaint Committee shall investigate in detail into the matter of the complaint. The Internal Complaint committee shall have the right to call the person against whom the complaint is made or any other witnesses as when necessary. The Internal Complaints Committee may during such investigation shall exercise the power of a civil court, vested in it, in respect of:

• summoning and enforcing the attendance of any person and examining him under oath.
• requiring discovery and production of documents.
• any other prescribed matter.

During such enquiry, upon written request by the aggrieved person, the committee may at its discretion recommend:
a.to transfer the aggrieved person or the respondent to any other workplace

b. grant leave to the aggrieved person of up to three months which is in addition to leave to which she is otherwise entitled. Provided, the aggrieved person must tender justified reason for such transfer or leave, such us threat to work in the workplace.
The Internal Committee must complete its investigation in a timely manner and shall submit a written Investigation Report (ICC-IR) containing the findings and recommendations to the Company Management as soon as practically possible but not later than 90 days from receiving the complaint.
The parties shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the Internal Complaints Committee. h. For conducting the enquiry the quorum of the Internal Complaints Committee shall be of 3 members including the presiding officer.
Some general guidelines for the ICC to carry out investigation and provide appropriate remedial action or recommendations are as follows: –

• Complaints relating to Sexual Harassment shall be handled and investigations will be conducted under the principles of natural justice, basis of fundamental fairness, in an impartial and confidential manner to protect the identity of all viz., the person bringing the charge, potential witnesses, and the person accused of improper behavior.
• All efforts shall be taken to ensure objectivity and thoroughness throughout the process of investigation. The identity and address of the aggrieved person, respondent and witnesses must not be published or disclosed to the public or media.

5.3. Action on ICC’s Recommendations

The ICC shall on completion of the enquiry provide a written report of its findings within 10 days from the date of completion of the enquiry and such report shall be made available to Company Management as well as to both parties to the complaint.
If the allegation against the respondent has not been proved, the Committee may recommend that no action needs to be taken in the matter. If the Internal Complaints Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to:

• Take action for sexual harassment as misconduct as per service rules or code of conduct.
• To ask the guilty to tender written apology to the complainant, issue warning, reprimand, or censure, withholding of promotions/ increments of the Respondent, undergoing counselling sessions, terminating the Respondent.
•  To deduct from salary / wages of the respondent or issue direction for payment; such sum as it may consider appropriate to be paid to the aggrieved person or to their legal heirs, as it may determine.

Management will take such action within 60 days of the receipt of the ICC Investigation Report.
The decision of Company shall be final and binding on all. However, the same is without prejudice to any recourse that Company or the individual concerned may have against the respondent and it shall not limit or restrict the rights of the Complainant and/or Company to pursue, nor shall they be precluded from pursuing, such further and other legal actions as may be available.

6. Confidentiality Clause

OIT maintains confidentiality in such matters to not discourage the aggrieved in lodging the complaint and seeking redressal.  All records of complaints, including contents of the meetings, results of investigations and other relevant material will be kept confidential by the Company except where disclosure is required under disciplinary or other remedial processes.

7. Preventive Actions

The Policy is available to all Employees, Agents, Customers, Vendors, Partners, and Visitors at any given point of time and clarification related to this Policy shall be addressed by the HR team on priority basis. A brief shall be given to all existing employees regarding the features of this Policy immediately on formulation of the Policy and to new employees during their Induction.
The Company shall comply with duties of employer as set out under Section 19 of the Sexual Harassment of Women at Workplace Act, 2013 to ensure that all employees are provided with the safe working environment at the workplace. Company shall display the notice showing the name of the Internal Complaints Committee members at its every establishment at a conspicuous place.

8. Termination of Inquiry

Internal Complaint Committee shall have the right to terminate the enquiry or give ex-parte decision on the complaint, if the Respondent or complainant remains absent for 3 consecutive hearings, without sufficient cause.

8. Addressing False Accusations:

The complaint of sexual harassment made by any employee shall be taken up with utmost seriousness by Company. However, there shall be zero tolerance for any false accusation.
If the Internal Complaint Committee concludes that the allegation was made with malicious intent or the aggrieved person or any other person making the complaint on behalf of the aggrieved person produced false or forged or misleading documents to prove his/her case, the Internal Complaint Committee may recommend action to be taken against the person who has made the complaint, including termination of service.
In such a case, malicious intent must be established after an inquiry before any action is recommended. A mere inability to substantiate a complaint or provide adequate proof would not attract action as provided herein. A similar recommendation for taking action would be recommended against any witness against whom the Internal Complaint Committee concludes that he or she has given false evidence or produced forged or misleading documents.
It is to be noted that this statement is not intended to discourage employees from coming forward with any complaints. Oriental recognizes and expects that some claims may be difficult to prove or support or may not in fact be found to raise to the level of seriousness deemed necessary to constitute Sexual Harassment. These types of complaints will not be considered to be false accusations.

Complaint raised by Employee	ICC-PO provides copy of Complaint to accused and counsels both Parties	If Conciliation fails, initiates, and carries out investigation with help of ICC	ICC Prepares Investigation Report and shares it with both parties as well as Company Management.	Management Reviews Recommendations and Decides Disciplinary and/or Legal Action

9. Review:

The POSH Policy is subject to review as may be deemed necessary as per any regulatory amendments.