Policy for the Prevention, Prohibition and Redressal Sexual Harassment of Women at Council

II)  OBJECTIVE OF THE POLICY

III)  POLICY SCOPE

IV)  DEFINITIONS

1. “Aggrieved woman” means a person in relation to work place whether employed or not, who alleges to have been subject to any act of sexual harassment by the Respondent.
2. “Company” means Apparel Export Promotion Council.
3. “Employee” means a person employed at a workplace for any work on regular, contractual,  trainee.
4. “Workplace” includes any department, organization, undertaking, establishment, enterprise institution, and office or branch unit. Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey.
5. “Internal Complaints Committee” means a committee constituted by Company as per this Policy.
6. “Respondent” means a person against whom the aggrieved woman has made a complaint.
7. “Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) such as:

1. Physical contact and advances; or
2. A demand or request for sexual favors; or
3. Making sexually colored remarks; or
4. Showing pornography or other offensive or derogatory pictures, cartoons, representations, graphics, pamphlets or sayings; or anything else which is against the Sexual Harassment at Workplace.
5. Any other unwelcome physical, verbal or non - verbal conduct of sexual nature; or
6. Following   circumstances   amongst   other circumstances as mentioned above may constitute sexual harassment if it occurs or is present in relation or connected with any act or behavior of sexual harassment:
   
   1. implied or explicit promise of preferential treatment in their employment;
   2. implied or explicit threat of detrimental treatment in their employment;
   3. implied or explicit threat about their present or future employment status;
   4. interfering with their work or creating an intimidating or offensive or
   5. hostile work environment; humiliation treatment likely to affect the health or safety of the aggrieved women

V.  INTERNAL COMPLAINTS COMMITTEE (ICC):

1. A woman employee employed at a senior level amongst the employees shall act as Presiding officer of the committee.
2. Not less than 2 members from amongst employees preferably committed to the cause of women OR who have had experience in social work OR have legal knowledge.
3. 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.

VI.  COMPLAINT and its REDRESSAL MECHANISM

1. The Presiding Officer or any Member of the Internal Complaints Committee shall render reasonable assistance to the person for making complaint in writing, in case they are unable to do so.
2. On receipt of complaint, the Internal Complaint Committee 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.
3. Where the aggrieved woman is unable to make a complaint

1. on account of their physical incapacity, a complaint may be filed by -
   
   1. a relative or friend; or
   2. a co-worker; or
   3. an officer of the National Commission for Women or State Women’s Commission; or
   4. any person who has knowledge of the incident, with the written consent of the aggrieved woman.    
2. Where the aggrieved woman is unable to make a complaint on account of their mental incapacity, a complaint may be filed by-
   
   1. a relative or friend; or
   2. a special educator’ or
   3. a qualified psychiatrist or psychologist; or
   4. the guardian or authority under whose care they are receiving treatment or care; or
   5. any person who has knowledge of the incident jointly with any of
3. Where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with their written consent.
4. Where the aggrieved woman is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of their legal heir.

1. Copy of complaint (six copies) along with supporting documents and names and address of witness shall be sent to Internal Complaints Committee.
2. On receipt of such complaint, Internal Complaints Committee shall provide a copy along with supporting documents of such complaints to the Respondent within 7 working days.
3. Respondent shall file reply within 10 working days of receipt of the complaint along with list of documents, names and addresses of witnesses.
4. 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.
5. 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.
6. The Internal Committee must complete its investigation within a period 90 days.
7. 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.
8. For conducting the enquiry the quorum of the Internal Complaints Committee shall be of 3 members including the presiding officer.

1. Monetary settlement will not be made as a basis of conciliation.
2. 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.
3. Where, a settlement is arrived as mentioned herein above, no further enquiry shall be conducted by the Internal Complaints Committee.

1. summoning and enforcing the attendance of any person and examining him under oath;
2. Requiring discovery and production of documents;
3. Any other prescribed matter.

1. to transfer the aggrieved woman or the respondent to any other workplace;
2. grant leave to the aggrieved woman of up to three months which is in addition to

VII.  ACTION

1. The Committee shall on completion of the enquiry provide a report of its findings within 10 days from the date of completion of the enquiry and such report shall be made available to the concerned parties.
2. If the allegation against the respondent has not been proved, the Committee may recommend that no action needs to be taken in the matter.
3. If the Internal Complaints Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to:
   
   1. Take action for sexual harassment as a misconduct specified in Rules of Disciplines of Council’s Service Rules.
   2. To tender written apology to the complainant, issue warning, withholding of promotions / increments of the Respondent, terminating the Respondent.
   3. 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 woman or to their legal heirs, as it may determine.
4. Such action will be taken within 60 days of the receipt of report.
5. No person shall be subject to harassment, intimidation, or retaliation of any kind for having brought a complaint in good faith of prohibited sexual harassment.

VIII.  AWARENESS

1. All the Employees and other than employees such as; Agents, Customers, Vendors, Partners, Visitors etc. shall have access to this Policy at any given point of time and clarification related to this Policy may be addressed by the HR team.
2. Post inquiry, if the ICC arrives at a conclusion that the allegation against the respondent (agent, customer, vendor, partner, visitor etc.) has been proved, ICC may recommend following actions to be taken by the Competent Authority:
   • Write to the accused person’s Organization informing the unlawful activity done by their employee.
   • To issue strong warning/caution to the accused person/vendor
   • To snap ties with the person/agency/visitor/vendor
3. A brief may be given to all existing employees regarding the features of this Policy immediately on formulation of the Policy.
4. The Company shall comply with all other details as set out under Section 19 of the Act to ensure that all employees are provided with the safe working environment at the workplace.
5. Company shall display the notice showing the name of the Internal Complaints Committee members at prominent and visible locations.
6. Organize workshops and awareness programmes at regular intervals for sensitizing the employees with the provisions of the Act and orientation programmes for the members of ICC in the manner as may be prescribed.

IX.  FALSE ACCUSATIONS:

1. 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.
2. If the Internal Complaint Committee comes to a conclusion that the allegation was made with malicious intent or the aggrieved woman or any other person making the complaint on behalf of the aggrieved woman 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 considering it as misconduct, which is specified in Rules of Discipline of the Service Rules of the Council. In such a case, malicious intent has to 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 whom the Internal Complaint Committee concludes, that he/she has given false evidence or produced forged or misleading documents.
3. It is to be noted that this statement is not intended to discourage employees from coming forward with any complaints. AEPC 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.

X.  AMENDMENT & REPORTING

1. Company may make any alteration or amendment or rescind any of the clauses of this Policy as and when it finds it necessary to do so as long as it complies with the Act. Any such alterations or amendment or rescinding will be intimated to the employee.
2. The Internal Complaint Committee shall prepare an annual report with the following details and shall submit the same to the SG, AEPC/appropriate authority as per Act:

XI.  CONCLUSION: