Purpose
At Growth Climb, we are committed to creating a safe and inclusive workplace where all employees, regardless of gender, are treated with dignity and respect. This policy outlines the procedures for preventing, prohibiting, and addressing instances of sexual harassment in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).
Scope
This policy applies to all employees, contractors, trainees, interns, vendors, clients, and visitors at Growth Climb, regardless of gender. It covers all work-related situations, including those that occur:
- Within the physical office premises.
- During work-related travel.
- At work-sponsored events, including offsite or social events.
- In virtual/remote work settings, including online meetings and communication.
Definition of Sexual Harassment
Sexual harassment may include, but is not limited to, the following unwelcome acts or behavior (whether direct or indirect) that are considered inappropriate in the workplace:
- Physical Contact or Advances: Unwelcome physical contact, touching, or invasion of personal space.
- Demand or Request for Sexual Favors: Any form of pressure, whether direct or implied, for sexual favors in exchange for employment benefits or career advancement.
- Sexually Colored Remarks: Verbal remarks, comments, jokes, or gestures that have sexual undertones or are offensive in nature.
- Showing Pornography: Displaying, sharing, or distributing inappropriate or explicit content through physical or digital means.
- Any Other Unwelcome Physical, Verbal, or Non-verbal Conduct of a Sexual Nature: Includes staring, lewd comments, or inappropriate gestures.
In addition, the following circumstances, if present, may also amount to sexual harassment:
- Implied or explicit threat of detrimental treatment in employment due to refusal to comply with sexual advances.
- Implied or explicit threat of adverse impact on employment status or career development in exchange for sexual favors.
- Creating a hostile, intimidating, or offensive work environment due to persistent sexual behavior.
Internal Complaints Committee (ICC)
a) Constitution of the ICC
As mandated by the POSH Act, 2013, Growth Climb has established an Internal Complaints Committee (ICC) to address sexual harassment complaints. The ICC will consist of:
- Presiding Officer: A senior woman employee of the organization.
- Members: At least two employees committed to women’s rights, gender equality, or who have experience in social work or legal knowledge.
- External Member: An external expert (e.g., from an NGO or legal background) who is familiar with the issues related to sexual harassment.
The composition of the ICC will be reviewed periodically, and it will remain independent in its functioning.
b) Role of the ICC
The ICC is responsible for:
- Receiving complaints of sexual harassment.
- Conducting fair, confidential, and thorough investigations into complaints.
- Recommending appropriate actions, including corrective or disciplinary measures.
- Preventing victimization of the complainant or witnesses during and after the investigation process.
Complaint Mechanism
a) Filing a Complaint
An employee who experiences sexual harassment can file a complaint with the ICC by submitting a written complaint within three months of the incident. In the case of continuous harassment, the complaint can be filed within three months from the last incident.
- Submission Process: Complaints can be submitted via email, in person, or through the company’s designated POSH portal. The complainant may choose to involve a trusted colleague, friend, or family member when filing the complaint.
b) Assistance in Filing the Complaint
If the complainant is unable to submit the complaint due to physical or mental incapacity, a friend, relative, colleague, or any other person legally authorized may file the complaint on their behalf.
Investigation Procedure
a) Preliminary Inquiry
Upon receiving a complaint, the ICC will:
- Acknowledge receipt of the complaint.
- Conduct a preliminary inquiry to assess the merits of the complaint and initiate a formal investigation process.
b) Conciliation (Optional)
Before initiating the formal inquiry, the ICC may offer conciliation between the complainant and the respondent, provided the complainant requests it. This process should not involve any monetary settlement. If the conciliation is successful, no further inquiry will take place. If not, the formal inquiry will proceed.
c) Formal Investigation
If conciliation does not occur or is unsuccessful, the ICC will conduct a formal investigation by:
- Interviewing the Complainant, Respondent, and Witnesses: Both parties will have the opportunity to present their case, provide evidence, and bring witnesses.
- Maintaining Confidentiality: The proceedings will remain confidential, and both the complainant’s and the respondent’s identities will be protected.
- Completion Timeline: The ICC will complete the inquiry within 90 days from the date of receipt of the complaint.
Actions Post-Investigation
a) Submission of Report
Within 10 days of completing the investigation, the ICC will submit a written report of its findings to the employer, including any recommendations.
b) Outcome of Investigation
If the ICC finds that sexual harassment has occurred, it may recommend one or more of the following actions:
- Disciplinary Action: This may include a written apology, warning, reprimand, suspension, demotion, or termination of employment, depending on the severity of the offense.
- Monetary Compensation: Compensation for the complainant may be awarded based on the nature and impact of the harassment.
- Transfer or Changes in Work Arrangements: The respondent or complainant may be transferred to a different team, department, or office location, if necessary, to prevent further issues.
If no evidence of harassment is found, the complaint will be dismissed. However, if the complaint is found to be false or malicious, appropriate action may be taken against the complainant as per company policy.
Appeal Process
If either the complainant or the respondent is dissatisfied with the outcome, they have the right to appeal to a court or tribunal within 90 days of receiving the ICC’s report, as per the provisions of the POSH Act, 2013.
Confidentiality
- Strict Confidentiality: All matters relating to sexual harassment complaints will be handled confidentially. Any breach of confidentiality by the parties involved, including the ICC members, will result in disciplinary action.
- No Disclosure: The identity of the complainant, respondent, witnesses, and any other sensitive information will not be disclosed to third parties without written consent, except where disclosure is required by law.
Protection Against Retaliation
Growth Climb strictly prohibits any form of retaliation against employees who report sexual harassment in good faith or participate in the investigation process. Any form of victimization or adverse action taken against the complainant or witnesses will result in disciplinary action against the offender.
Awareness and Training
a) Training for Employees
Growth Climb will conduct regular awareness and training sessions for employees to:
- Sensitize them to the prevention of sexual harassment.
- Familiarize them with the company’s POSH Policy and procedures.
- Educate them on the importance of maintaining a respectful workplace.
b) Training for the ICC
The members of the ICC will undergo specialized training on:
- Conducting inquiries and investigations impartially and effectively.
- Handling sensitive cases with discretion.
- Understanding the legal framework of the POSH Act, 2013.
Employer’s Duties
In compliance with the POSH Act, 2013, Growth Climb has a legal obligation to:
- Provide a safe working environment that prevents instances of sexual harassment.
- Display the POSH Policy prominently within the office premises and communicate it to all employees.
- Submit an annual report to the District Officer as required under the Act, detailing complaints received, actions taken, and the status of the cases.
Conclusion
At Growth Climb, we are committed to fostering a respectful, inclusive, and harassment-free workplace. All employees are encouraged to uphold this policy and contribute to a culture of dignity and equality.