All policies/supplements are subject to local laws of India.
These policies/supplements are subject to change without prior notification.
OBJECTIVE:
Inscripts (I) Pvt. Ltd. (“Company”) is an equal opportunity employer and is committed to creating a healthy, harmonious and a safe working environment where all employees can work together without fear of prejudice, gender bias and Sexual Harassment. The Company recognises the fundamental rights to dignity and equality of all employees including other persons who have dealings with the Company. Sexual harassment is an offence and is therefore punishable. The provisions of this Policy are in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“Act”) and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“Rules”).
DEFINITION:
For the purposes of this Policy
a) "Sexual Harassment" shall mean and include but will not be limited to the following:
1. Unwelcome sexual advances,
2. Requests for sexual favours and/or
3. Verbal, nonverbal or physical conduct of a sexual nature;
made by any employer / employee / third party associated with the Company through letters, phone calls, e- mails, messages, WhatsApp, video conferences, video calls or any other social media network including but not limited to:
(i) objectionable comments, remarks or jokes, gestures, showing of pornography, sexually suggestive objects or pictures, lurid stares, physical contact, stalking, making of lewd, indecent or provocative sounds and/or display of a derogatory nature having the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive environment;
(ii) Forced physical contact or molestation;
(iii) Eve teasing, innuendos and taunts, physical confinement against one’s will and/or any other act likely to impinge upon one’s privacy and/or
(iv) Shooting, recording or taking screenshots during any virtual conferences or calls, without permission or without any reasonable cause or action.
(v) Any act or conduct by a person in authority and belonging to one sex which denies or would deny equal opportunity in pursuit of career development or otherwise making the environment at the workplace hostile or intimidating to a person belonging to the other/same sex.
b) “An aggrieved woman” in relation to a workplace shall mean, a woman, of any age whether employed or not, who alleges to have been subjected to any act of Sexual Harassment by a fellow employee/employer or any third party at a Workplace;
c) “Workplace” shall mean and include:
i. means establishments, enterprises, institutions, offices, branches, premises, locations or units established, owned, controlled by the Company where business is conducted or
ii. places visited by the employees out of or during the course of employment including accommodation, transportation provided by the employer for undertaking such journey.
iii. a dwelling place or a house.
The interpretation of a dwelling place or a house shall mean to include an employee or an employer working from home for a temporary period or permanently as advised by Company.
d) An employer as per Section 2 (g)(ii) of the Act shall mean any person responsible for the management, supervision and control of the workplace.
“Management” includes the person or board or committee responsible for formulation and administration of polices for such organisation;
e) Section 3 (1) of the Act lays down the following circumstances, among other circumstances in connection to any act or behaviour of sexual harassment that may amount to sexual harassment:
(i) Implied or explicit promise of preferential treatment in employment; or - Implied or explicit threat of detrimental treatment in employment; or –
(ii) Implied or explicit threat about the present or future employment status; or –
(iii) Interference with work or creating an intimidating or offensive or
(iv) hostile work environment for the person; or –
(v) Humiliating treatment affecting any person’s health or safety
SCOPE OF THE POLICY:
This Policy shall apply to women who are employed by, associated with or visit the Company. She may be either a permanent, temporary or an ad-hoc employee of the Company and can also be a non-employee such as a contractual worker, consultant, retainer, probationer, trainee, apprentice or agent of the Company. Male and transgender employees are not covered under this Policy. However, in the event of any instance of any unwelcome sexual act or conduct experienced by any male employee, or a transgender employee, they may contact Ms. Taru Agarwal at taru.agarwal@inscripts.com. The Company may at its sole discretion utilise the framework of redressal provided in this Policy, and if it is of the opinion that the Complaint is bonafide and well founded, take necessary action accordingly.
This Policy will be applicable to all allegations of Sexual Harassment made by an employee / third party or against an employee/employer/third party irrespective of whether the incident of Sexual Harassment is alleged to have taken place within or outside the Company premises including any meetings or conferences conducted through online mediums, or through any mode of virtual communication, however during the course of engagement with the Company, while on an out bound trip organised during the course of engagement with the Company, while travelling in the Company vehicle or a vehicle hired by the Company or by its authorised representatives and/or while carrying out business on behalf of the Company. All parties associated with the Company are mandated to comply with this Policy and thereby work collaboratively to prevent Sexual Harassment. This Policy will be uploaded on the Company’s intranet and shall be accessible to all employees.
The person against whom the aggrieved woman has made a Complaint (“Accused”) does not have to be a member of the opposite sex and can be any person including a person not employed with the Company. Single and multiple instances of Sexual Harassment shall fall within the purview of this Policy. The intention of the Accused while committing the act complained against shall be irrelevant.
INTERNAL COMPLAINTS COMMITTEE:
In compliance with the statutory requirement and to ensure that anyone associated with the Company who may have been victimised has an avenue to voice their Complaint, the Company has established an Internal Complaints Committee (“Complaints Committee”) to consider any Complaints of Sexual Harassment, deal with all cases of alleged Sexual Harassment and ensure the implementation of this Policy. The Committee shall provide all necessary assistance as may be required by the aggrieved woman in dealing with the incident of Sexual Harassment. The Committee shall assist the aggrieved woman to initiate action under any existing law and irrespective of whether she initiates such action, on being approached in accordance with this Policy. The Complaints Committee shall consist of a Presiding Officer who shall be a senior level woman employee and 4 other members. The five members who form a part of the Complaints Committee are:
Ms. Taru Agarwal, Mobile No.: 9820341888, Email: taru.agarwal@inscripts.com;
Mr. Ravi Ranjan, Mobile No. : 9322917609, Email: ravi.ranjan@inscripts.com;
Mr. Ketan Yekale, Mobile No.: 8097192018, Email: ketan.yekale@inscripts.com;
Ms. Karishma Vora, Mobile No.: 9082406863, Email: karishma.vora@inscripts.com;
Ms. Vanditta Malhotra Hegde, Mobile No.: 9820023122, Email: vandittamalhotrahegde@gmail.com.
The members of the Committee shall hold office for a maximum period of 3 (three) years from date of nomination.
GRIEVANCE PROCEDURE:
a. Any woman employee (“Complainant”) may lodge a Complaint of Sexual Harassment in writing through a letter or an email (“Complaint”) against the Accused or vice versa with the Complaints Committee preferably within 3 (three) months from the date of occurrence of the alleged offence or in the event of a series of offences committed against the Complainant, 3 (three) months from the date of the last offence. The Committee may extend the time-limit for filing the Complaint for a further period not exceeding 3 (three) months, if the Complainant provides reasons in writing, and if the Complaints Committee is satisfied that the circumstances were such that it prevented the Complainant from filing the Complaint.
b. If the Complainant is unable to file the Complaint on account of her physical or mental incapacity or death or for any other reason, her legal heirs or such other person authorised by her in writing may file the Complaint on her behalf.
c. Such a Complaint may be oral or in writing through a letter or email.
d. If the Complaint is oral and where the Complaint cannot be made in writing, the Complaints Committee shall render all reasonable assistance to the Complainant to put the Complaint in writing and sign at the foot of every page.
e. 6 (Six) Copies of the Complaint, duly signed by the Complainant, along with supporting documents, names and addresses of witnesses, will have to be submitted to the Complaints Committee via hand-delivery, courier or email.
f. On receipt of the Complaint, the Complaints Committee shall send a copy of the Complaint to the Accused within 7 (seven) working days via hand-delivery, courier or email, who must file his reply along with supporting documents (if any) within a period of 10 (ten) working days through a letter or email.
g. The Complaints Committee will thereafter hold a meeting in-person or virtually through video-conferencing with the Complainant latest within a period of 30 (thirty) days within the receipt of the Complaint and advance intimation will be given to the Complainant of the same.
h. At the first meeting of the Complaints Committee, the Complainant shall be heard and her statement recorded (“Statement of Allegation”). The Complainant can produce corroborative material with documentary, oral material, etc., to substantiate her Complaint.
i. Thereafter, the Accused will be called to a meeting in-person or virtually through video-conferencing by the Complaints Committee and an opportunity will be given to the Accused to give an explanation, where after, an “Inquiry” shall be conducted.
j. In the event the Complaint does not fall under the purview of Sexual Harassment / the Complaint on the face of it does not disclose an offence of Sexual Harassment, the Complaints Committee may drop the Complaint after recording the reason/s thereof.
k. In case the Complaint registered by the Complainant is found to be false at any stage, and the allegations made against the Accused are malicious in any way whatsoever, the Complainant shall be liable for appropriate action at the sole discretion of the Company.
CONCILIATION:
a. The Complaints Committee may, on a written request from the Complainant and before initiating an inquiry into the Complaint, within a period of 45 (forty-five) days, take steps to settle the matter between the Complainant and the Accused through conciliation.
b. The conciliation proceedings shall take place at a location decided by the Company or virtually through video conferencing at its sole discretion and in a language understood by both the Complainant and the Accused.
c. The terms of settlement (“Settlement Terms”) acceptable to the Complainant and the Accused shall be recorded in writing in English, and a copy of the Settlement Terms shall be forwarded to the Company for its records.
d. On recording the Settlement Terms no further inquiry shall be conducted in this regard. Reasonable follow-up regarding its implementation shall be maintained with the Complainant. If the terms of the Settlement Terms are not complied by the Accused, the Company will investigate the same and take any appropriate action in its sole discretion.
e. The Complainant can withdraw from the conciliation proceedings before the Settlement Terms are recorded, by stating reasons for withdrawal to the Complaints Committee.
PROCEDURE FOR INQUIRY:
The Complaints Committee shall proceed with the inquiry on receipt of the Complaint and where no conciliation proceedings have been initiated, by communicating the same to the Complainant and the Accused. The inquiry shall be conducted by a minimum of 3 (three) members of the Complaints Committee, who shall record all the proceedings of the inquiry.
The Complaints Committee shall hand over the Statement of Allegation to the Accused and give an opportunity to the Accused to submit a written explanation if she / he so desires within 15 (fifteen) days of receipt of the same.
a. The Complainant will be provided with a copy of the written explanation submitted by the Accused.
b. If the Complainant or the Accused desire any witness/es to be called, they shall communicate in writing to the Complaints Committee the names of witness/es that they propose to be called.
c. If the Complainant desires to tender any documents by way of evidence before the Complaints Committee, she shall supply true copies of such documents to the Complaints Committee via hand-delivery, courier or email. Similarly, if the Accused desires to tender any documents in evidence before the Complaints Committee he / she shall supply true copies of such documents to the Complaints Committee and will affix his / her signature on the same to certify it to be a true copy.
d. The Committee will call upon all witnesses mentioned by both the parties.
e. The Complaint’s Committee will provide every reasonable opportunity to the Complainant and to the Accused, for putting forward and defending their respective case. Neither the Aggrieved nor the Accused are allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the Complaints Committee.
f. The Complaints Committee shall complete the “inquiry” as soon as is reasonably possible. On completion of the inquiry, an inquiry report shall be prepared outlining its findings and its recommendations for disciplinary action to the Company, within a period of 10 (ten) days, as well as to the Complainant and the Accused.
g. The Company will take action in accordance with the recommendations proposed by the Complaints Committee within a period of 60 (sixty) days. The Company shall prepare an annual report which shall include the number of cases filed and the manner in which each case was disposed of in compliance with the Act, and submit the same to the District Officer.
h. The Complaints Committee shall be governed by such rules as may be framed by the Company from time to time, taking into account the best practices from India and abroad.
ACTION DURING PEND ENCY OF INQUIRY:
The Complaints Committee, may at the written request of the Complainant recommend to the Company to:
a. Transfer the Complainant or the Accused to any other workplace;
b. Grant leave to the Complainant up to a period of 3 (three) months, which shall be in addition to the leave she is otherwise entitled to;
c. Grant any other relief to the Complainant at its sole discretion.
FINAL ACTION:
On the completion of the inquiry, in the event that the Accused is found guilty of the offence complained against by the Complainant, the Company shall take any one or a combination of actions against the Accused, depending on the gravity of the offence committed by him/her:
a. Issue a warning, censure reprimand;
b. Withhold promotion, pay rise or increments;
c. Termination from service with the Company;
d. Monetary compensation: this amount shall be determined taking into account the following factors:
(i) Mental trauma, pain, suffering and emotional distress caused to the Complainant;
(ii) Medical expenses incurred by the victim for physical and/or psychiatric treatment;
(iii) The income and financial status of the Accused;
(iv) Written apology to the Complainant;
(v) Counselling sessions at regular periods as prescribed by the Company at its sole discretion;
(vi) Community Service.
In the event that the Complaint is found to be malicious, and/or if the allegations stated in the Complaint are not proved, no action will be taken against the Accused.
If the allegations against the Accused are found to be malicious, or false, forged and/or misleading evidence is produced before the Complaints Committee, any of the following actions or a combination of them shall be taken against the Complainant:
a. Issue a warning, censure reprimand;
b. Withhold promotion, pay rise or increments;
c. Termination from service with the Company;
d. Written apology to the Accused.
The Company shall take appropriate action within 60 (sixty) days of the receipt of the inquiry report from the Complaints Committee, and record its decision in writing, copies of which will be provided to the Complaints Committee, the Complainant and the Accused via hand-delivery, courier or email.
CONFIDENTIALITY:
The contents of the Complaint, the identity and addresses of the Complainant, Accused and witnesses, any information pertaining to the conciliation and inquiry proceedings, recommendations of the Complaints Committee, action taken by the Company against the Accused or Complainant, shall be kept confidential, and shall not be made known to the public, press or media in any manner whatsoever.
APPEAL:
The Complainant or the Accused can file an appeal against the recommendations of the Complaints Committee to the CEO of the Company, within a period of 90 (ninety) days from the time of the recommendations.
OBLIGATION OF THE MANAGEMENT:
The Company shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy.
THIRD PARTY HARASSMENT:
Where Sexual Harassment occurs as a result of an act or omission by any third party or outsider, the Company. Shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.