Prevention of Sexual Harassment (POSH) Policy

1. Introduction #

AbhinavDCS is committed to fostering a workplace culture built on mutual respect, dignity, and equality, where every employee feels safe and valued. To achieve this, AbhinavDCS strictly prohibits sexual harassment of any kind. This policy applies to all employees, regardless of gender, sexual orientation, employment status, or position within the organization. In compliance with applicable law and in extension of its principles, this policy outlines the procedures for preventing, prohibiting, and addressing sexual harassment in the workplace.

2. Scope and Applicability #

This policy applies to:

• All employees of AbhinavDCS, including permanent, temporary, contract, probationary, trainees, interns, and consultants.
• All genders, thereby extending protection against sexual harassment not only to women but also to men, transgender individuals, and anyone associated with AbhinavDCS.
• Any workplace premises or any place visited by employees arising out of or during the course of employment, including transportation provided by the employer.

3. Definition of Sexual Harassment #

“Sexual harassment” includes any unwelcome, sexually determined behavior (whether directly or indirectly) such as:

• Physical contact and advances
• A demand or request for sexual favors
• Making sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal, non-verbal conduct, or gesture of a sexual nature

The determination of what constitutes sexual harassment will be from the perspective of the aggrieved individual, considering the totality of circumstances.

4. Purpose #

The objectives of this policy are to:

• Prevent sexual harassment in the workplace.
• Establish a clear procedure for reporting, addressing, and resolving complaints of sexual harassment.
• Ensure prompt, fair, impartial, and confidential handling of complaints.
• Create a safe, secure, and respectful work environment that upholds dignity for all employees.

5. Internal Complaints Committee (ICC) #

In accordance with law and to ensure appropriate handling of complaints, AbhinavDCS has constituted an Internal Complaints Committee (ICC). This Committee will be responsible for the redressal of complaints of sexual harassment and will also handle complaints from male and other employees who may be victims of sexual harassment.

Composition of the ICC:

• Presiding Officer: A senior-level woman employee, where available.
• Members: At least two employees (with a demonstrated commitment to women’s causes, social work, or who have legal knowledge).
• External Member: A representative from an NGO or an external expert familiar with issues relating to sexual harassment.

At least half of the ICC members shall be women. The names and contact details of all ICC members will be displayed prominently at the workplace.

6. Roles and Responsibilities of the ICC #

The ICC shall:

• Receive complaints of sexual harassment (including those from men and other genders).
• Conduct prompt, thorough, and impartial inquiries while maintaining confidentiality.
• Provide reasonable assistance to aggrieved individuals in filing complaints, if required.
• Ensure that both the complainant and the respondent have an equal opportunity to be heard.
• Recommend appropriate disciplinary or corrective action if sexual harassment is found to have occurred.
• Recommend interim measures as needed during the pendency of inquiry (e.g., relief to the complainant, change of teams, leave, etc.).
• Conduct regular awareness and training programs for employees.
• Submit annual reports on the number of cases filed, resolved, and the measures taken to the management and relevant authorities, as required by law.

7. Complaint Procedure #

Filing a Complaint:

• Any employee who believes they have been subjected to sexual harassment or who has witnessed such behavior is encouraged to report it at the earliest.
• Complaints can be made in writing only. They must be given to an ICC member in writing.
• Complaints should ideally be made within three months of the incident, though the ICC may extend this period by an additional three months for valid reasons.

Where to File:

• Complaints may be submitted directly to any ICC member through email, registered post or written and submitted by hand.
• All complaints will be acknowledged and handled sensitively and confidentially.

8. Inquiry Process #

Initiation of Inquiry:

• The ICC will, within a reasonable timeframe, commence the inquiry upon receiving a written complaint.
• Both the complainant and the respondent will be given a fair chance to present their case, including any supporting evidence or witnesses.

Timelines:

• The inquiry will be completed within 90 days of receipt of the complaint.
• An inquiry report will be provided to the management within 10 days of completion of the inquiry.

Findings and Recommendations:

• If the ICC finds the complaint substantiated, it will recommend appropriate disciplinary action. This may include a written apology, reprimand, suspension, termination, counseling sessions, or other suitable penalties depending on the severity of the misconduct.
• If the complaint is found unsubstantiated, no action will be taken against the respondent.
• If a complaint is found to be malicious or made with a fraudulent intent, the ICC may recommend appropriate action against the complainant, after due inquiry.

9. Confidentiality #

All parties involved in an investigation—complainant, respondent, and witnesses—are required to maintain strict confidentiality. Disclosure of details that could identify the individuals involved to any unauthorized person is strictly prohibited. Violation of confidentiality obligations may lead to disciplinary action.

10. Protection Against Retaliation #

AbhinavDCS prohibits and will not tolerate any form of retaliation against an individual who makes a complaint in good faith or participates in an inquiry process. Individuals found retaliating will face disciplinary action.

11. Awareness and Training

The ICC and management will:

• Conduct regular training sessions, workshops, and orientation programs to educate employees about their rights, responsibilities, and the procedure for reporting sexual harassment.
• Display relevant information about the POSH policy, ICC members, and procedures at conspicuous places in the workplace.

12. Appeals #

If any party is aggrieved by the recommendations of the ICC, they may file an appeal as per the mechanism prescribed by applicable law or internal procedures defined by AbhinavDCS.

13. Compliance and Disciplinary Action #

All employees are expected to adhere to this policy. Non-compliance may result in disciplinary action, which may include termination of employment. The severity of the action will depend on the nature and seriousness of the violation.

14. Review and Revision of the Policy #

This policy will be reviewed periodically to ensure alignment with legal requirements and effectiveness in practice. Any revisions will be communicated to all employees.

15. Contact Information #

For questions, assistance, or to file a complaint, employees may contact any member of the ICC. The names and contact details of the Presiding Officer and other ICC members will be communicated separately and displayed prominently within the company premises.