Sexual harassment Policy

 

Policy statement

 I.      Objectives

Blink Foundation  (Blink Foundation  refers to all member companies in India and is collectively referred to as “The Organization” in this policy document), is committed to providing to all of its employees an environment free of gender-based discrimination and harassment.  In furtherance of this  commitment,  the   Organization  strives  to   provide  all of   its  employees  with   equal opportunity conditions of employment, free from gender-based coercion, intimidation, or exploitation and to create a work environment where everyone has an opportunity to fully participate  in   achieving   business  success   and   is  valued   for  the   distinctive   skills, experiences and perspectives she or he brings to the workplace. The Organization has zero tolerance for harassment, intimidation or humiliation of a sexual or gender-based nature in its workplace and is dedicated to ensure enactment, observance   and adherence of guidelines and best practices that prevent and prosecute acts of sexual harassment. 

The Organization believes that all individuals have the right to be treated with dignity. Sexual harassment including discrimination or intimidation of a sexual or gender-based nature by or towards any employee in the workplace will not be condoned. The Organization will not tolerate retaliation in any form against personnel for raising sexual harassment complaints or concerns.

This Policy applies to all allegations of sexual harassment made by any employee of the Organization against another employee irrespective of whether sexual harassment is alleged to have taken place within the Organization premises or in any other place visited by such employee for work. All actions prohibited for an employee of the Organization by this Policy are also prohibited for all individuals who are on the Organization premises or on any other property where the Organization conducts its business.  If an  individual  commits  an  act in violation of this Policy, whether an employee of the Organization or a third party interacting with  the  Organization,  the  Organization  will  take  appropriate  remedial  measures  under  the circumstances, including measures to mitigate the potential for repetition, and to discipline any of its employees who may have participated in such conduct, or may have failed to stop such conduct when he or she had actual knowledge of such conduct and the authority to do so.

 

II.      Definitions and examples of sexual harassment

Sexual harassment is defined under this Policy as any  conduct  that  is  unwelcome  and sexual in nature, whether direct or indirect, including physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, circulating obscene  content by  email, SMS or MMS,  showing pornography,  or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. When any such act or acts are committed in circumstances where such conduct is humiliating and is likely to constitute a health and safety problem, it will amount to sexual harassment that violates this Policy. 

Sexual harassment may occur as a single incident or a series of incidents and may include, but  will   not  be   limited  to   the  following  which   may  interfere   with  an   individual’s performance  by  contributing  to   the  creation  of  an  intimidating,   hostile  or  offensive environment:

1. Implied or explicit promise of preferential treatment in employment, or
2. Implied or explicit threat of detrimental treatment in employment, or
3. Implied or explicit threat of detrimental treatment about present or future employment status.

 

Sexual harassment may be of two kinds: (1) indirect, also referred to as a “hostile work environment” and (2) direct, also referred to as a “quid pro quo”.

1. The indirect form  of  sexual  harassment  is  one  or  more  instances  of  unwelcome  conduct that, taken individually or together, have the purpose or effect of (i) creating an  intimidating,   hostile,  or   offensive  work   environment,  and   (ii)  unreasonably interfering  with   another’s  work     Examples of this type of sexual harassment include pornography in public places, foul language or joking of a sexual nature. This form of sexual harassment does not need to be directed at any employee.
2. Sexual harassment by one in a position of power or influence constitutes direct, or quid pro quo, sexual harassment when (i) submission by an individual is made either an explicit  or  implicit  term  or  condition  of  employment,  or  (ii)  submission  to  or rejection of such conduct is used as the basis for employment decisions affecting that employee such as promotions, demotions, salary raises, hiring or termination. 

III.      Obligations of the Organization

2. The Organization does not tolerate sexual harassment of any kind and will act against any employee for any conduct that violates this Policy.
3. The Organization shall be responsible, among others, for the following:
4. Prohibit, prevent, and deter commission of acts of sexual harassment.
5. Implement the Policy by prohibiting gender-based discrimination and providing a safe & harassment-free work environment.
6. Spread awareness of the Policy amongst its employees by publication, notification, and circulation of the Policy.
7. Sensitizing employees about sexual harassment issues.
8. Provide fair and impartial procedures for resolution, investigation or prosecution of acts of sexual  harassment  by  taking  all  necessary  steps,  including  those  more particularly provided hereinafter; 
9. Constitution of the Complaints Committee (as hereinafter defined); and
10. Implement the recommendations of the Complaints Committee.
11. The Organization shall make applicable filings to the appropriate Government authority with respect to the compliance with the Policy.
12. Upon becoming aware of the commission of an act of sexual harassment at workplace, the Organization shall have the right to initiate suo moto action, even in the absence of a formal complaint being filed by any aggrieved employee.

 

I.     Complaints committee

A Complaints Committee will be set up by the Organization which will deal with all cases of alleged sexual harassment whether escalated to it by any Organization employee or taken up suo moto by the Organization, to prevent and deal with sexual harassment and to otherwise implement the Policy. Refer Annexure-1 for POSH Committee members.

II.     Constitution and procedure

1. Composition: The Complaints Committee shall consist of
2. A four (4)-member committee under the Chairpersonship of a senior woman employee and will include two (2) members from amongst the employees preferably committed to the cause of women or having experience in social work, HR matters or legal knowledge;
3. One (1) member from outside the Organization (an NGO representative or outside counsel familiar or dealing with cases of sexual harassment at workplace);

 

Subject always to at least half the members of the Complaints Committee being women and the Complaints Committee being headed by a woman member to be appointed by the Complaints Committee from amongst its members. A person shall cease to hold office as a member of the Complaints Committee if he/she ceases to be an employee on account of resignation, termination, or death or for any other reason whatsoever, and in such case the vacancy shall be filled immediately by the Organization.  It is further clarified that in case of a complaint where either the accused is senior in position to any of the employees who are members of the Complaints Committee or directly/indirectly related to any member of the Complaints Committee, the Organization shall ensure that such member is replaced with another employee who is either at same level or senior and/or unrelated to the alleged accused within the organization.

1. Tenure of the committee members will be for one year and a panel of CEO, Head-HR and Head-ops will decide the continuation of the members. Panel will take decisions as appropriate basis the dedication, involvement, and honesty of the committee members.
2. Disqualifications: A person shall be disqualified for being appointed, elected, nominated or designated, or for continuing, as a member of the Complaints Committee, for any period of time  during  which  there  is  any  complaint  concerning  sexual  harassment  pending against him/her or if he/she is found guilty of sexual harassment.
3. Confidentiality: To the fullest extent practicable and consistent with the Complaints Committee’s need to investigate and ensure that corrective action is taken, all complaints of sexual harassment by employees will be processed with strict confidentiality.
4. Filing a Complaint: Any aggrieved employee may approach the Complaints Committee with a complaint of sexual harassment under this Policy. The following steps  will  be followed in this regard:
5. A complaint of sexual  harassment  can  be  filed  within  a  time  limit  of  three  (3) months. This may be extended to another three (3) months if the woman can prove that grave circumstances prevented her from doing the same.
6. An employee making a complaint (“Complainant”) has to give the complaint to the Complaints Committee  in  writing  along  with  supporting  documents,  names   and addresses  of  witnesses  and  the  said  complaint  will  be  afforded  confidentiality  as described in Section I.2.
7. No person against whom a complaint is made shall be part of the Complaints Committee.
8. Within seven  (7)  working  days  of  the  receipt  of  the  complaint,  the  Complaints Committee has to send a copy of the complaint to the alleged accused (“Counter Party”)  who  will  have   ten  (10)  working  days  to  file   reply  along  with  list  of documents, names and addresses of witnesses.

 

1. At the first meeting of the Complaints Committee, the Complainant shall be heard and the Complaints Committee may, before initiating an inquiry and at the request of the Complainant, take steps to settle the matter between the Complainant and the Counter Party through   conciliation; provided   there can   be no   monetary settlement as the basis of conciliation. Conciliation could be considered if the case id mild, moderate.
2. In case there is no request for conciliation or conciliation attempt fails, the Complaints Committee shall proceed with the complaint and, if not already informed, approach the  Counter  Party  to  inform  him  of  the  allegation  in  order  to  start  the investigation.
3. Proceedings of the Complaints Committee: The Complaints Committee is intended to be an independent, objective, and unbiased fact-finding body established to investigate any complaints of sexual harassment in a fair, reasonable and time-bound manner in a neutral environment. The Committee shall  conduct  the  inquiry  in  accordance  with  principles  of natural justice. It will broadly be governed by the following principles in conducting its proceedings: 
   1. The Complaints Committee shall give every reasonable opportunity to the Complainant and the Counter Party for putting forward and defending their respective cases and to ensure that the Complainant and the Counter Party have full opportunity to present their claims, witnesses and evidence which may establish or substantiate their claims.
   2. Both the Complainant and the Counter Party shall have the right to submit supporting evidence and shall have the right to bring their respective witnesses, if any, to be examined by the Complaints Committee.
   3. If the Complainant or the Counter Party fails, without sufficient cause, to be present before the Complaints Committee for three (3) consecutive hearings, the Complaints Committee will  give  a  notice  of  fifteen  (15)  days  to  the  concerned  party  before terminating the inquiry proceedings or giving an ex-parte decision on the complaint.
   4. If considered appropriate by the Complaints Committee, all meetings of the Complaints Committee including  with  the  Complainant,  the  Counter  Party  or  any witnesses shall be held outside the relevant office and at a neutral venue. 
   5. The Complainant, the Counter Party or any other person that the Complaints Committee meets with, interacts with, or has a teleconference or video conference with, for the purpose of inquiry into any complaint of sexual harassment shall be bound by strict confidentiality as described in Section I.2 above and each such party shall not be permitted to discuss the Complaints Committee proceedings with any third person.

 

1. All the proceedings of the Complaints Committee will be summarized by the Committee. In the event either the Complainant or the Counter Party is desirous of submitting a statement in writing or reviewing the summary of discussion prepared by the Complaints Committee, such statement shall be endorsed by such Party in token of authenticity thereof and submitted to the Committee.
2. The Committee is  required  to  complete  the inquiry within  a  time period  of  ninety (90) days from the date on which the Complaint is filed by the Complainant.
3. The Complaints  Committee  shall  complete  the  inquiry  and  make  a  report  of  its findings on the Complaint and its recommendations to the senior management of the Organization (“Management”) within a period of seven (7) days from the conclusion of the inquiry procedure set out above. The report of the Complaints Committee shall also include recommendations for the imposition of any penalty and the reasons for such recommendations to the Management. 

6. Reporting by the Complaints Committee: The Complaints Committee shall prepare an annual report and file with the appropriate authority. The annual report shall contain the following details: –
7. number of complaints received in the year.
8. number of complaints disposed off during the year.
9. number of cases pending for more than ninety (45) days.
10. number of workshops or awareness programs conducted.
11. Nature of action taken by the employer.

III.     Implementation of recommendations of the complaints committee

The Management shall consider the  recommendations  and  findings  of  the  Complaints Committee and take a decision in relation to action to be taken within ten (10) days of the submission of the report by the Complaints Committee. The Management may issue such order or directions as it deems fit and shall inform the Complainant and the Counter Party of its decision. The Management of the Organization shall provide all necessary assistance to the Complaints   Committee for the purpose of ensuring full, effective, and speedy implementation of this procedure for investigating any complaint of sexual harassment at workplace in accordance with the Policy.

IV.     Punishment for sexual harassment 

1. Penalties: If an employee is found to have violated this Policy, the Management shall take such action as may be appropriate action  for  misconduct  by  the  employee  under  the Organization policy. Such actions may include any of the following:
2. Written apology.
3.  
4. Reprimand or censure.
5. Withholding of promotion.
6. Withholding of pay rise or increments.
7. Termination of employment.
8. Counselling session; or
9. Carrying out community service.
10. In the event the Complainant decides to pursue personal action against the Counter Party, the Organization is obliged to provide all assistance and cooperation in any investigation by the relevant law enforcement agencies.

V.     Protection against victimization

1. In the   event  the  Counter  Party   is  the  Complainant’s   supervisor/superior,  the Organization  shall,  during  the  pendency  of  the  Complaint,  ensure  that  the  reporting relationship is suspended and that the Complainant is not subject to appraisal by the Counter Party.
2. The Organization shall strictly prohibit any sort of retaliation against the Complainant or any witnesses. Any act of reprisal, including internal interference, coercion and restraint, by the Counter Party, whether directly or indirectly, will result in appropriate action against the Counter Party by the Management in consultation with the Complaints Committee.
3. Where the Counter Party is an outsider, during the pendency of the investigation of the Complaint and even thereafter, if found guilty, the Counter Party shall not be allowed to  enter  the  Organization  premises  except  for  the  purpose  of  attending  the Complaints Committee proceedings.
4. In the event of the Counter Party and the Complainant both being employees of the Organization, and the Counter Party is found to be guilty, irrespective of the penalty imposed, the  Organization  shall  ensure  that  the  Counter  Party  shall  not  write  the appraisal reports of the Complainant, if he is otherwise so authorized.
5. In the  event,  the  Complaints  Committee  after   investigation  of  a  Complaint  in accordance with the procedure prescribed herein, concludes that the Complaint was false, frivolous or made with malafide intention by the Complainant including due to personal issues with the Counter Party, then the Complaints Committee shall make such appropriate recommendations to the Management to take action against the Complainant, as may be necessary. Such actions may include those referred to in Paragraph III (1) above. 

VI.   Modification and review of the policy

The Organization reserves the right to modify and, or, review the provisions of this Policy, so as to comply with applicable legal requirements, internal policies, or otherwise to revise the provisions of this Policy to the extent deemed necessary by the Organization from time to time. Any such changes or modifications may be notified by the Organization to its employees in due course.

Annexure 1: Complaints Committee

COMPLAINTS COMMITTEE
Committee members	·       Mr. Arun Fernandez, Director ·       Ms Neeta Nair, Project Lead ·       Mr Sampathu Kumar , Senior Finance Manager ·       Mr Charles, HR Operations
Email id:	hr@dlearners.in
Postal address:	6, Shree Ave, Saibaba Nagar, Pallikaranai, Chennai, Tamil Nadu 600100
Phone no.:	+91 72990 02851/ +91 97914 11138