PoSH-Policy

Prevention of Sexual Harassment
at Workplace Policy of
SpinSci Health-Tech India Private Limited

Objective

SpinSci Health-Tech India Private Limited (‘Company’) has a zero tolerance policy towards any form of harassment or discrimination at the workplace. The Company believes in nurturing healthy and safe working environment for its employees irrespective of their gender, thus, the present policy is gender neutral and is applicable to all its employees. The object to make a gender neutral policy is to promote gender justice on all fronts and recognize each employees right to foster an environment free from discrimination.

Thus, this policy is made keeping in mind that Code of Conduct of the Company and The Sexual Harassment of Women at Work Place (Prevention, Prohibition, Redressal) Act 2013 (“Act” or “2013 Act”) and principles enumerated under Articles 14, 15 and 21 of the Constitution of India, which are a person’s right to equality, life, personal liberty, and discrimination.

The policy also outlines the process for handling sexual harassment complaints in accordance with the provisions of the Act and the provisions of this policy.

Scope

This policy on Prevention of Sexual Harassment (PoSH) in the Workplace (“PoSH Policy”) has been framed keeping in mind the provisions of the Act, rules framed thereunder and principles enumerated under Articles 14, 15 and 21 of the Constitution of India. The procedure set out herein is intended to constitute the services rules of the company, for all matters concerning sexual harassment at the workplace. This policy applies to all employees of the Company, including permanent, temporary, contractual, and third-party personnel. It also covers harassment by clients, vendors, and visitors.

Notwithstanding anything to the contrary, the Posh Policy supersedes any other policy or practice of the company in connection with the issues concerning sexual harassment and misconduct under the Act. In all such cases, the provisions of the PoSH Policy shall prevail.

Important Definitions:

Aggrieved Person – In relation to a workplace, a person of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the Respondent.

Workplace – The workplace referred to in this Policy is not only restricted to the Company’s office premises but may also include the company vehicles, third party premises where attendance is required for the job, off-site meetings and office external venues or any other forum which may be defined as ‘extended workplace’ by the management and the Internal Committee. The workplace also includes the extended workplace during work from home and may also include cyber space and social media as well as electronic communication between persons covered under this Policy or any interactions outside the workplace which may have work-related consequences.

Complainant – An employee and/or an Aggrieved person who files a complaint of sexual harassment.

Respondent – A person against whom a complaint of sexual harassment has been made by the Complainant. This person may be male or female or of the third sex.

Employee – A person employed at the 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 coworker, a contract worker, probationer, trainee, apprentice, intern or by any other such name.

Employer – For the purpose of this policy and for any acts concerning employer’s duties under the Act, any person authorised by the Board of Directiors of the Company vide a board resolution (Authorised signatory), for the issues concerning the acts of sexual harassament, will be the considered as the employer.

Sexual Harassment – includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

i. physical contact or advances ; or
ii. a demand or request for sexual favours,
iii. Making sexually colored remarks;
iv. Showing pornography or
v. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Provided, where any of the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behavior of Sexual Harassment, the same will also be sexual harassment. The circumstances are:

i. Implied or explicit promise of preferential treatment in employment;
ii. Implied or explicit threat of detrimental treatment in employment;
iii. Implied or explicit threat about present or future employment;
iv. Interference with work or creating an intimidating or offensive or hostile work environment; or
v. Humiliating treatment most likely to affect the safety or health (physical or mental) of the person.

The following is an indicative list of conduct that may be considered as sexual harassment:

– sexual advances or propositions.
– Pestering for dates or receiving sexual suggestions or invitations.
– Offering employment benefits in exchange for sexual favours.
– Leering or eve-teasing.
– Making sexual gestures or displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
– Making or using derogatory comments, comments about a person’s body or dress, slurs, epithets or sexually suggestive jokes.
– Written communications of a sexual nature distributed in hard copy or via a computer network, suggestive or obscene letters, notes or invitations.
– Physical conduct such as touching, assault, impeding or blocking movements.
– Being kissed or hugged.
– All of the above apply to online communication as well, whether it is on meeting platforms, email or communication apps such as WhatsApp, Telegram or internal chat apps etc.

Roles & Responsibilities

All the employees of the Company have a responsibility to prevent or deter the commission of acts of sexual harassment in the workplace. The management and the employees shall play a role in creating and maintaining a working environment in which sexual harassment is unacceptable. They shall ensure that their conduct does not cause offense to others and they shall discourage unacceptable behaviour on the part of others. Any employee who is the recipient of any sexual behaviour as described by this policy or any employee who knows of the occurrence of such harassment to anyone else, is expected to report the same at the earliest. The Company encourages employees of all genders to report incidents or occurrences of sexual harassment and misconduct.

The Internal Committee

The Company adopts the provisions of section 4 of the Act with respect to the constitution of the IC.

Every employer of a workplace shall, by an order in writing, constitute a committee to be known as the “Internal Committee” as per section 4 of the Act. The Internal Committee has the following members:

• Presiding Offer who shall be a woman employed at a senior level at the company from amongst the employees.
• Not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge.
• One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

At least one-half of the total Members so nominated shall be women.

Provided, in the event, the Aggrieved person is male or identifies as a member of third sex, the constitution of the Internal Committee may change and the proportion of the woman member may decrease, in order to make the Aggrieved Person comfortable.

The Company shall at all times, notify via the intranet/display of notices/similar platform for employee sharing, names of the members who constitute the Internal Committees, along with their contact numbers and email addresses. Any changes in the membership of the Internal Committee shall be duly notified.

Redressal Mechanism

Any person aggrieved of any act of sexual harassment at the Company Workplace may make a complaint against such conduct to the internal Committee following the process given below. In case a verbal complaint is made, reasonable assistance will be provided to help the Complainant to make their complaint in writing. In the event that the complainant or aggrieved person making the complaint identifies as a woman, the complaint will be dealt with by the Internal Committee in accordance with this policy read with the Sexual Harassment Act 2013 and proceedings such as inquiries or conciliations will be under the 2013 Act. In all other cases, only this policy applies
and inquires will be conducted under the Code of Conduct of the company.

Registering a PoSH complaint

A complaint may be made in writing by the Aggrieved Person (along with any documentary evidence available or names of witnesses) to the concerned Internal Committee or any member of the Internal Committee (as per list in Annexure) within three months of the incident. The email id for reporting any concerns of sexual harassment is POSH@spinsci.com. Anonymous complaints are discouraged.

Where the Aggrieved Person is unable to make a complaint on account of their physical or mental incapacity or death or otherwise, their legal heir or such other person as may be prescribed may make a complaint under this section.

If the initial complaint is made to a person other than a Internal Committee member, upon receiving such a complaint, it will be the responsibility of the complaint receiver to report the same to the Internal Committee immediately.

Redressal process:

Conciliation

Once the complaint is received, before initiating the inquiry, the Internal Committee may take steps to conciliate the complaint between the Aggrieved Person and the Respondent at the request of the Aggrieved Person. The conciliation must happen in the presence of the Internal Committee. No monetary settlement should be made as a basis of conciliation. If the conciliation is not successful or where a conciliation is not permissible, as determined by the Internal Committee, then the Internal Committee will proceed with an inquiry in accordance with this policy and the provisions of the Act.

Inquiry

The Committee initiates inquiry in the event no conciliation is requested or no settlement is reached or the terms of conciliation are not adhere to by the parties.

In such an event, the Internal Committee proceeds to make an inquiry into the complaint within a reasonable period of its receipt of the original complaint/closure of conciliation/repeat complaint. The IC shall inquire into the complaint by following the principles of natural justice. The inquiry will be made as discreetly, promptly, thoroughly and confidentially as possible in the manner specified in and the present policy.

Interim Relief

During pendency of the inquiry, on a written request made by the Aggrieved Person, the Internal Committee may recommend the Company to provide the Aggrieved Person, with reliefs such as leave, transfer etc during the pendency of the inquiry.

Termination of Inquiry

The Internal Committee may terminate the inquiry or give ex-parte decision, if the Aggrieved Person, or the Respondent respectively is absent for three consecutive hearings, without providing any reason. A fifteen-day written notice is to be given to the party, before termination or ex-parte order.

Procedure

For the purpose of conducting the inquiry under the Sexual harassment Act of 2013, the Internal Committee has powers vested in it as those vested with a civil court under the Code of Civil Procedure, 1908. Inquiries should be completed within 90 days of initiation of inquiry. A final report will be submitted by the Internal Committee within 10 days of completing the inquiry.

Outcomes

Where the Internal Committee arrives at the conclusion that the allegation against the Respondent has been proved, it recommends to the Employer to take necessary action for Sexual Harassment as misconduct, in accordance with the applicable service rules and policies, and this may include

Monetary compensation to the Aggrieved Person, may also be recommended subject to the provisions of the Act. The Company to act upon the recommendations within sixty days and confirm to the Internal Committee.

In case of a decision that the Sexual Harassment committed by the Respondent cannot be substantiated, the Internal Committee may recommend that “No-Action needs to be taken” to the Employer. Notwithstanding the same, the Internal Committee can still, where the matter warrants, take actions that are preventive in nature and designed to ensure that there is no hostility or continuing concerns between the parties. Counselling, workshops and trainings may be part of such preventive actions.

Retaliation

Retaliation is a serious violation of this policy and any person found to have retaliated against an individual for reporting an alleged act of Sexual Harassment or for acting as a witness, they will be subject to appropriate disciplinary actions up to and including termination. Retaliation will be treated as misconduct and will be treated as seriously as an alleged case of harassment and will
apply even if the original complaint is not substantiated.

Where the Internal Committee finds that any witness in an inquiry has testified falsely on oath or has placed any forged or misleading document on record, it may also recommend disciplinary action for such employee including and up to termination.

Confidentiality and breach

The Company will exercise utmost care in ensuring confidentiality of the process, protection of the victim and treat the entire process with dignity & merit it deserves. Breaches of confidentiality which are found to have taken place may result in the same disciplinary actions as stated above. The contents of the complaint, the identity and the addresses of the Aggrieved Person/Complainant, Respondent, witnesses, any information related to conciliation and inquiry, recommendations of the Internal Committee and the action taken must not be revealed to the public, press and media in any manner.

Malicious Allegations

The Company adopts a strong stance towards false and malcious complaints.

Where the Internal Committee arrives at the conclusion that the allegation against the Respondent is malicious or the Aggrieved Person or any other person making the complaint has made the complaint knowing it to be false or the Aggrieved Person, or any other person making the complaint has produced any forged or misleading document, it may recommend to the Employer to act against the Aggrieved Person, or the person making the complaint. The mere inability to substantiate a complaint or provide adequate proof does not make the complaint false or malicious. Malicious intent must be clearly established through a separate inquiry.

Appeal process

For inquires conducted under the 2013 Act, the Respondent or the Aggrieved Person, can appeal to the prescribed Appellate Authority (as per law) if he or she or they feels dissatisfied or unconvinced with the findings of the Internal Committee An appeal can be made by the Respondent or the Aggrieved Person, in the manner set out under the applicable law. The appeal must be made to the prescribed Appellate Authority within 90 days of the recommendations given by the Internal Committee.

Awareness of PoSH Policy and Procedure

The Company will ensure awareness and compliance to this Policy by making the Policy and related documents available to existing and new employees, organising a yearly seminar or training programme on what constitutes sexual harassment in the workplace, the resolution process, complaint procedures, and mechanisms available under the Policy and reviewing and updating the Policy as and when necessary.

The notice boards of the company at each location shall display the following information:

• Names and contact details of the IC members
• The redressal mechanism and contact email
• The penal consequences of sexual harassment at the workplace

Annual Report

The Internal Committee shall prepare annual reports for the calendar year with the details required to be provided under the provisions of the Act and shall submit to the Employer and District Officer in accordance with the Act. The same will be with regard to cases received from persons identifying as women.

Since, the policy of the Company is gender neutral the Company, details of cases received by persons not identifying as women, shall be submitted internally.

Amendment

The Company reserves the right to amend this Policy as and when required in accordance with applicable law.