Policy Against Sexual Harassment At Workplace

JK TECHNOSOFT LIMITED and its subsidiary (hereinafter referred as the “Company” or “JKTECH”) treats every employee with dignity and respect that enables employees to work free from unwelcome, offensive and discriminatory behavior. The company treats sexual harassment as misconduct under the service rules and aims to initiate action for such misconduct through implementation of the said policy.

This policy provides guideline for prompt redressal of complaints related to sexual harassment and in compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal), Act, 2013.

This policy is applicable to all existing employees including but not limited to women of the company.

In the event of a complaint of sexual harassment by employees other than women, JKTECH at its discretion may extend the provisions of this policy to such employees.

This policy is applicable to all the offices of the company including but not limited to any place visited by the employee arising out of or during the employment including transportation provided by the company for undertaking such journey.

No person shall be subjected to sexual harassment at any workplace.
The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment –

• Implied or explicit promise of preferential treatment in the employment; or
• Implied or explicit threat of detrimental treatment in the employment; or
• Implied or explicit threat about the present or future employment status; or
• Interference with the work or creating an intimidating or offensive or hostile work environment for the employee; or
• Humiliating treatment likely to affect the health or

A Committee has been constituted to consider & redress complaints of sexual harassment. It comprises of:

Chairman and every member shall hold office for a period of three (3) years. They can also be contacted at [email protected].

• Any Aggrieved Person may make, in writing, a complaint of sexual harassment at workplace to the ICC, within a period of three months from date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
• Where such compliant cannot be made in writing, the Chairman or any member of ICC shall render all reasonable assistance to the employee for making the complaint in writing.
• ICC may for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the employee from filing a complaint with the said period.
• Where the Aggrieved Person is unable to make a complaint on account of physical or mental capacity or death or otherwise, the Aggrieved Person’s relative or friend or co-worker or such other person as may be prescribed in Rule 6 of Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Rules, 2013 can file a complaint on the Aggrieved Person’s behalf.

• ICC may before initiating an inquiry and at the request of the Aggrieved Person take steps to settle the matter between Complainant and the Respondent through conciliation.
• No Monetary settlement shall be made as a basis of conciliation.
• Where a settlement has been arrived in conciliation, ICC shall record the settlement so arrived and forward the same to the employer to take action as specified in the recommendation.
• ICC shall provide the copies of the settlement as recorded to the Aggrieved Person and the Respondent.
• Where a settlement arrived, no further inquiry shall be conducted by ICC.

• At the time of filing the complaint, the Complainant shall submit to the ICC, six copies of the compliant along with supporting documents and the names and addresses of the witnesses.
• On receipt of the complaint, the ICC shall send one of the copies received from the Aggrieved Person to the Respondent within a period of seven working days.
• ICC shall examine the Complaint and decide on the basis of reasonableness and the evidence submitted to pursue with the complaint or not.
• If any Member of ICC is Respondent or party to Sexual Harassment Complaint, such Member shall not be involved in the proceedings of the ICC or inquiry/investigation or decision-making process for such Complaint.
• If after preliminary examination of Complaint, ICC concludes that the Complaint is not tenable, it shall inform the same to the Complainant and Respondent, giving reasons in writing for not pursuing the Complaint.
• If after preliminary examination of Complaint, ICC concludes that the Complaint is tenable, it shall prepare a Statement of Allegations against the Respondent and issue the same to the Respondent seeking explanation for accusations. The Respondent shall file a written reply on the Complaint along with the list of documents, name and address of witnesses, if any, within a period not exceeding 10 days from the date of receipt of the letter from ICC. In case where any Member of the ICC Committee is named as Respondent or party to a Sexual Harassment Complaint, ICC shall immediately report such matter to the ICC for further directions.
• ICC shall make inquiry into the compliant in accordance with the principle of natural justice.
• ICC shall have the right to terminate the inquiry proceedings or to give an ex-parte decision on the complaint, if the Complainant or Respondent fails, without sufficient cause, to present herself or himself for three consecutive hearings convened by the Chairman. Such termination or ex-parte order may not be passed without giving a notice in writing fifteen days in advance to the party concerned.
• Parties shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the ICC.
• In conducting the inquiry, a minimum of three members of the ICC including the Chairman shall be present.
• ICC shall have the powers as provided under the applicable provisions of law when trying a suit in respect of the following matters, namely (a) summoning, and enforcing the attendance of any person and examining him on oath,
  (b) requiring the discover and production of documents and (c) any other matter which may be prescribed.
• The inquiry shall be completed with a period of ninety days.

During the pendency of inquiry, on a written request made by the Aggrieved Person, the ICC, may recommend to the employer (Talent Management – Head) to

• Transfer the Aggrieved Person or the Respondent to any other workplace, or
• Grant leave to the Aggrieved Person up to a period off three months, or
• Restrain the Respondent from reporting on the work performance of the Aggrieved Person or writing confidential report and assign the same to another officer,
• Restrain the Respondent from supervising any academic/other activity of the Aggrieved Person.
• Grant any other relief to the Aggrieved Person to which the person might be entitled or as prescribed.

The leave granted to the Aggrieved Person under this shall be in addition to the leave the person would be otherwise entitled.

On the recommendation of the ICC, employer (Talent Management – Head) shall implement the recommendations and send the report of such implementation to the ICC.

On completion of inquiry, ICC shall provide a report of its finding to the employer (Talent Management – Head) within a period of ten days from the date of completion of the inquiry and such report shall be made available to the concerned parties.

Where ICC arrives at the conclusion that the allegation against the Respondent has not been proved, it shall recommend to the employer (Talent Management– Head) that no action is required to be taken in the matter.

Where ICC arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer (Talent Management – Head):

• To take action for sexual harassment as a misconduct in accordance with the provisions of service rules (disciplinary procedure) applicable to the Respondent which may include but not limited to a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the Respondent from service or undergoing a counselling session or carrying out community services.
• To deduct, notwithstanding anything in the service rules applicable to the Respondent, from the salary or wages of the Respondent such sum as may be consider appropriate to be paid to the Aggrieved Person or the Aggrieved Person’s legal heirs. For determining such sum, ICC shall have regard to:
  • The mental trauma, pain, suffering and emotional distress cause to the Aggrieved Person,
  • The loss in the career opportunity due to the incident of sexual harassment,
  • Medical expenses incurred by the victim for physical or psychiatric treatment,
  • The income and financial status of the Respondent,
  • Feasibility of such payment in lump sum or in instalments.

In case employer (Talent Management – Head) is unable to make such deduction from the salary of the Respondent due to Respondent being absent from duty or cessation of employment, it may direct to the Respondent to pay such sum to the Aggrieved Person. Further, in case the Respondent fail to pay the sum, ICC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officers.

Employer (Talent Management – Head) shall act upon the recommendation within sixty days of its receipt.

• Where ICC arrives at a conclusion that the allegation against the Respondent is malicious or the Aggrieved Person or any other person asking the complaint has made the Complaint knowing it to be false or the Aggrieved Person or any other person making the complaint has produce any forged or misleading documents, it may recommend to the employer (Talent Management – Head) to take action against the employee or the other person who has made the compliant, in accordance with the provision of services rules and in similar manner as laid above for the Respondent found guilty.
• Mere inability to substantiate a Compliant or provide adequate proof need not attract action against the Complainant. Further the malicious intent on part of the Complainant shall be established after an inquiry before any action is recommended.
• Similar action may be recommended, where ICC arrived at the conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading documents.

The employer shall not publish, communicate, or made know to the public, press and media, the contents of the compliant, the identity and addresses of the Aggrieved Person, Respondent and witness, any information relating to conciliation and inquiry proceeding, the recommendation by the ICC and action taken by them. Any person contravenes this provision shall be liable for penalty in accordance with the Service rules.

Any person aggrieved from the recommendations made by the ICC or non-implementation of such recommendation or from penalty referred above, may prefer an appeal to the appellate authority notified under clause (a) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946.

ICC shall prepare an annual report in each calendar year and submit the same to the employer (Talent Management – Head) in the following manner:

• Number of complaints of sexual harassment received in the year.
• Number of complaints disposed off during the year.
• Number of cases pending for more than ninety days.
• Number of workshops or awareness program against sexual harassment carried out.
• Nature of action taken by the employer.