ANTI SEXUAL HARASSMENT AT WORKPLACE POLICY
Putzmeister is an equal opportunity company and is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and sexual harassment. Sexual harassment at the work place or other than work place if involving employees is a grave offence and is, therefore, punishable. This policy is in compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the definitions and interpretations are according to the said Act.
This policy applies to all employees while they are at work on site and while they are attending work functions, work related social gatherings and duties outside of their regular workplace.
"Sexual harassment" includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:-
a. physical contact and advances; or
b. a demand or request for sexual favours; or
c. making sexually coloured remarks; or
d. showing pornography; or
e. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The following circumstances amount to sexual harassment:
a. implied or explicit promise of preferential treatment in her employment; or
b. implied or explicit threat of detrimental treatment in her employment; or
c. implied or explicit threat about her present or future employment status; or
d. interference with her work or creating an intimidating or offensive or hostile work environment for her; or
e. Humiliating treatment likely to affect her health or safety.
"Employee" means a person employed at a 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 co worker, a contract worker, probationer, trainee, apprentice or called by any other such name.
"Workplace" includes the office premises and any place visited by the employee arising out of or during the course of employment including transportation provided by the employer.
Internal Complaints Committee:
A. Presiding Officer:
Jovita Mendes - Senior Executive (MD's Office)
Ms. Jovita Mendes - Sr. Executive (MD’s office), Presiding officer
Ms. Dorothy D’Souza - Executive HR &Admin, Member
Ms. Sonal Samant - Sr. Executive – Technical
Mr. Umesh Tendolkar - DGM HR & Admin, Member
Ms. Beaula Knauf - PR Consultant, NGO Member
- Complaint: Any employee who feels and is being sexually harassed directly or indirectly may submit a complaint of the alleged incident to any member of the Committee in writing with his/her signature within three months from the date of last incident.
- Conciliation: The committee will hold a meeting with the Complainant, no later than a week of the complaint and take steps to settle the matter between the complainant and the respondent.
- Inquiry: In case of no settlement, the internal committee will proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police. The inquiry shall be completed within a period of 90 days.
- Inquiry report: On the completion of the inquiry, the Internal Committee shall provide a report of its findings within a period of 10 days from the date of completion of the inquiry and such report shall be made available to the concerned parties.
-Allegation not proved: The committee shall recommend to the employer that no action is required to be taken in the matter.
-Allegation proved: The committee shall recommend to the employer to take further action.
- Compensation: The respondent may be made to pay compensation to the complainant having regard to various factors such as mental trauma, loss in career opportunity, medical expenses incurred by the complainant etc.
- Disciplinary Action and punishment for misconduct: In cases which can not be compounded, disciplinary action will be taken for misconduct according to the Industrial Employment (Standing Orders) Act, 1946 as adopted by Putzmeister.
Allegation is malicious or misleading or false: Employer will be recommended by the Committee to take necessary action against the complainant for misconduct according to the service rules.
- Right to appeal: Any person aggrieved by the recommendations of the Internal Committee, or non-implementation of such recommendations may prefer an appeal to the court or tribunal. The appeal shall be preferred within a period of 90 days of the recommendations.
Other points to be considered
- Rules of Natural Justice and powers of civil court under the Code of Civil Procedure, 1908 will apply during the entire process.
- Confidentiality: The contents of the complaint, identity of the complainant, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee and the action taken by the employer shall not be published, communicated or made known to the public, press and media in any manner.