Draft Policy On Sexual Harassment English

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This is for reference purpose only. Please make necessary alteration while developing your own.

STANDING OPERATION PROCEDURE AND PREVENTION OF SEXUAL


HARASSMENT AT WORKPLACE
I. COMMITMENT
Our institution is committed to provide a work environment that ensures every woman
employee is treated with dignity and respect and afford equitable treatment.
Organisation is also committed to promote a work environment that is conducive to the
professional growth of its women employees and encourage equality of opportunity.
Organisation will not tolerate any form of sexual harassment and is committed to take all
necessary steps to ensure that its women employees are not subjected to any form of
harassment.
II. SCOPE
This policy applies to all categories of employees of Organisation including permanent
employees including managerial staff and workmen, temporaries, trainees and employees on
contract at its work place Organisation will not tolerate sexual harassment ,if engaged in by
clients or by suppliers or any other business associates .
III. DEFINITIONS OF 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 favours ;or
3.making sexually coloured remarks ;or
4. showing pornography; or
5. any other unwelcome physical ,verbal or non verbal conduct of sexual nature;
6. Any conduct that has the purpose or the effect of interfering with the individual’s work
performance or creating an intimidating ,hostile or offensive work environment and/or
submission to such conduct is either an explicit or implicit term or condition of employment
and /or submission or rejection of the conduct is used as a basis for making employment
decisions.
IV. RESPONSIBILITIES REGARDING SEXUAL HARASSMENT
Employer’s liability
1.To provide a safe working environment at workplace.
2. treat sexual harassment as a misconduct
3.display at the conspicuous place in the workplace the penal consequence of the sexual
harassment

You may contact me on ª+91 99461 06101/ +91 483 2808345/ [email protected]
This is for reference purpose only. Please make necessary alteration while developing your own.

4. organize workshops and awareness programmes at regular intervals for sensitizing the
employees with the provisions of the Act.
5.Provide necessary facilities to The Complaints Committee for dealing with the complaints
and conduct an enquiry.
Employees liability
1. All employees of Organisation have a personal responsibility to ensure that their
behavior is not contrary to this policy.
2. All employees are encouraged to reinforce the maintenance of a work environment free
from sexual harassment.
V. COMPLAINT MECHANISM
Whether or not such conduct constitutes an offence under law or a breach of the service rules ,
an appropriate complaint Mechanism in the form of “Complaints Committee” has been
created in Organisation for time bound redressal of the complaint made by the victim.
VI. COMPLAINTS COMMITTEE
Organisation has instituted a Complaint’s Committee for redressal of sexual harassment
complaint (made by a victim) and for ensuring time bound treatment of such complaints.
The Complaint’s Committee will comprise of the following six members (this may vary from
organisation to organisation);
1 .Senior Executive (Chairperson should be a lady)
2. Labour Welfare Officer(Co-ordinator)
3.Three executives out of which shall be women and one external member who shall also be
woman.
The Complaints Committee is responsible for :
1. Investigating every formal written complaint of sexual harassment
2. Taking appropriate remedial measures to respond to any substantiated allegations of
sexual harassment.
3. Discouraging and preventing employment related sexual harassment.

VII . PROCEDURE FOR RESOLUTION ,SETTLEMENT OR PROSECUTION OF


ACTS OF SEXUAL HARASSMENT

Organisation Is committed to provide a supportive environment in which to resolve concerns


of sexual harassment as under.

A. Informal resolution options

1. When an incident of sexual harassment occurs, the victim of such conduct can
communicate her disapproval and objections immediately to the harasser and request the
harasser to behave decently.

You may contact me on ª+91 99461 06101/ +91 483 2808345/ [email protected]
This is for reference purpose only. Please make necessary alteration while developing your own.

2. If the harassment does not stop or if victim is not comfortable with addressing the
harasser directly ,she can bring her concern to the attention of the complaints committee for
redressal of her grievances. The Complaint’s Committee will there after provide advise or
extend support as requested and will undertake prompt investigation to resolve the matter.

B. COMPLAINTS

1. Any employee with a harassment concern ,who is not comfortable with the informal
resolution options or has exhausted such options may make a formal complaint to the
chairperson of the Complaints Committee constituted by the management. The complaint shall
have to be in writing and can be in the form of a letter , preferably within 30 days from the
occurrence of the alleged incident, file a complaint directly or sent in a sealed envelope.
Alternatively ,the employee can sent the complaint through an e-mail. The employee is
required to disclose her name, department, division and location where she is working so as to
enable the chairperson to contact her and take the matter forward.

2. The chairperson of the Complaint’s Committee will proceed to determine whether the
allegations (assuming them to be true only for the purpose of this determination) made in the
complaint fall under the purview of sexual harassment, preferably within 30 days from receipt
of the complaint. In the event delegation does not fall under the purview of sexual harassment
or the allegation does not mean an offence of sexual harassment , he/she will record this
findings with reasons and communicate the same to the complainant.

3. If the chairperson of the complaints committee determines that the allegations


constitute an act of sexual harassment , he/she will proceed to investigate the allegation with
the assistance of the Complaint’s Committee.

4. Where such conduct on the part of the accused amounts to a specific offence under the
law, appropriate actions will be initiated in accordance with law by making a complaint with
the appropriate authority.

5. The Complaint’s Committee shall conduct such investigation in a timely manner and
shall submit a written report containing the findings and the recommendations to the General
Manager as soon as practically possible and in any case ,not later than 90 days from the date of
receipt of the complaint. The General Manager will ensure corrective action on the
recommendations of the Complaint’s Committee and keep the complainant informed of the
same.

Corrective actions may include any of the following.

• Formal apology
• Counseling
Written warning to the perpetrator and a copy of it maintained in the employees file.
• Change of work assignment/transfer for either for the perpetrator or the victim
• Suspension or termination of service of the employees found guilty of the offence.

You may contact me on ª+91 99461 06101/ +91 483 2808345/ [email protected]
This is for reference purpose only. Please make necessary alteration while developing your own.

6. In case the complaint is found to be false, the complainant shall , if deemed fit ,be liable
for appropriate disciplinary action by the management.

VIII. CONFIDENTIALITY

Organisation understands that it is difficult for the victim to come forward with a complaint of
sexual harassment and recognizes the victim’s interest in keeping the matter confidential.

To protect the interest of the victim ,the accused person and others who may report the
incidents of sexual harassment ,confidentiality will be maintained throughout any
investigatory process to the extent practicable and appropriate under the circumstances.

IX. ACCESS TO REPORT AND DOCUMENTS

All records of complaints ,including contents of meeting ,results of investigations and other
relevant material will be kept confidential by Organisation except where disclosure will be
subjected to disciplinary or other remedial process.

X. PROTECTION TO COMPLAINANT /VICTIM

Organisation is committed to ensuring that no employee who brings forward a harassment


concern is subject to any form of reprisal. Any reprisal will be subject to disciplinary action.

Organisation will ensure that victim or witnesses are not victimized or discriminated against
while dealing with complaints of sexual harassment.

However , any one who abuses the procedure (eg. by maliciously putting an allegation
knowing it to be untrue) will subject to disciplinary action.

XI CONCLUSION

In conclusion Organisation reiterates its commitment to providing it’s women employees, a


work place free from harassment /discrimination and where every employee is treated with
dignity and respect.

You may contact me on ª+91 99461 06101/ +91 483 2808345/ [email protected]

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