Prevention, Prohibition and Redressal of Sexual Harassment at Workplace Policy
The CK Birla Hospitals (hereinafter referred to as the “Company” is committed to creating a non-discriminatory, non-hostile and harassment free healthy working environment that enables all its women employees to work without fear of prejudice, gender bias or sexual harassment.
The objective of this policy is to be compliant with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and to provide guidelines for:
- Preventing any untoward incident related to sexual harassment.
- Protecting women employees from sexual harassment at workplace
- Addressing grievances related to sexual harassment
2. Scope and Coverage
This policy is applicable to all employees of The CK Birla Hospitals, including permanent, temporary, contractual and employees hired on part-time basis.
- “Act” means the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as amended from time to time;
- “Aggrieved Woman” shall have the meaning in relation to a Workplace, a woman, of any age who alleges to have been subjected to any of Sexual Harassment by the Respondent;
- “Committee” means Complaint Redressal Committee of the Company;
- “Employee” shall include a person carrying out any work on behalf of the Company and may have been hired as permanent, temporary, contractual or on part-time basis etc, either directly or indirectly including through any vendor organization;
- “Respondent” shall mean an Employee against whom the complaint has been filed;
- “Sexual Harassment” shall mean the harassment of a female Employee and would consist of any unwelcome sexually determined behaviour, whether directly or indirectly, by any male/female in charge of the management or a male/female co-employee, either individually or in association with other persons, to exploit the sexuality of a co-employee to harass her in a manner which prevents or impairs her full utilization of full benefits, facilities or opportunities or any other behavior which is generally considered to be derogatory.
Sexual Harassment shall include but not be limited to:
- Physical Contact and Sexual advances
- Demand or request for sexual favours
- Sexually-coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal or written conduct of a sexual nature
The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of Sexual Harassment may amount to Sexual Harassment:
- Implied or explicit promise of preferential treatment in her employment; or
- Implied or explicit threat of detrimental treatment in her employment; or
- Implied or explicit threat about her present or future employment status; or
- Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- Humiliating treatment likely to affect her health or safety
- “Workplace” shall mean Company Premises and 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.
4. Complaint Redressal Committee
4.1. The process of Redressal and Enquiry of all complaints pertaining to Sexual Harassment shall be managed by an Internal Complaints Committee.
4.2. The Internal Complaints Committee will comprise of the following members:
- A Presiding Officer who shall be a woman employed at a senior level at the Workplace from amongst the Employees.
- At least two members from amongst the Employees who are committed to the cause of women or having experience in social work or legal knowledge.
- One member from amongst non-governmental organisations 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 to the Internal Complaints Committee shall be women.
- The Presiding Officer and every member of the Committee shall hold office for a period not exceeding three years, from the date of their nomination.
5. Procedure for Redressal
- Any Aggrieved Woman shall make a complaint of Sexual Harassment at Workplace by sending an email to either email@example.com or to any member of the Committee in writing with her signature, within a period of three months from the date of occurrence of such incident and in case of a series of incidents, within a period of three months from the date of last incident. The Internal Complaints Committee, for the reasons to be recorded in writing, may extend the time limit up to further three months.
- Where the aggrieved woman is unable to make a complaint on account of her physical incapacity, mental incapacity, death or otherwise, a complaint may be filed on her behalf by:
- Her relative of friend; or
- A special educator; or
- A qualified psychiatrist or psychologist; or
- The guardian or authority under whose care she is receiving treatment or care; or
- Any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care
- Legal heir
- 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 her written consent.
- Where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Complaints Committee shall render all reasonable assistance to the Aggrieved Woman for making the complaint in writing.
- The Internal Complaints Committee shall maintain a register to endorse the complaint received by it and keep the contents confidential, except to use the same for discreet investigation.
- The Internal Complaints Committee may, before initiating an inquiry and at the request of the Aggrieved Woman, take steps to settle the matter between her and the Respondent through conciliation. However, no monetary settlement shall be made as a basis of conciliation, and where a settlement has been arrived at, the Internal Complaints Committee shall record the settlement so arrived and forward the same to the Employer to take action as specified in the recommendation.
- The Internal Complaints Committee shall provide copies of the settlement, as recorded, to the Aggrieved Woman and to the Respondent.
- However, where the Aggrieved Woman informs the Committee that any term or condition of the settlement arrived has not been complied by the Respondent, the Committee shall proceed to make an inquiry into the complaint.
- In all other cases, the Internal Complaints Committee shall provide a copy of the complaint statement to the Respondent within a period of seven days of receipt of the complaint, and shall seek a written explanation from the Respondent within seven days of receipt of the copy of statement of complaint.
- The Internal Complaints Committee shall hold a meeting with the Aggrieved Woman within seven days of receipt of the complaint.
- The date and time of the meeting shall be notified in writing by the Committee to both the Aggrieved Woman and the Respondent.
- The Aggrieved Woman shall be provided with a copy of the written explanation, submitted by the Respondent, within seven days of receipt of the written explanation.
- If the Aggrieved Woman does not wish to depose personally due to embarrassment of narration of the event, a lady officer shall meet the Aggrieved Woman and record the statement.
- Thereafter, the Respondent may be called for a deposition before the Internal Complaints Committee and an opportunity shall be given to the Respondent to give an explanation.
- If the Aggrieved Woman or the Respondent desires to tender any documents by way of evidence before the Internal Complaints Committee, they shall supply duly signed original copies of such documents.
- If the Aggrieved Woman or the Respondent desires any witness/es to be called, they shall communicate in writing to the Internal Complaints Committee the names of the witness/es that they propose to call.
- The Internal Complaints Committee shall provide every reasonable opportunity to the concerned parties for putting forward and defending their respective cases, and call upon witnesses mentioned by both parties.
- In the event the complaint does not fall under the purview of Sexual Harassment or the complaint does not amount to an offence of Sexual Harassment, the same would be dropped after recording the reasons thereof.
- Where both parties are Employees, the parties shall, during the course of inquiry, be given an opportunity of being heard, and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.
- The inquiry shall be completed within a period of ninety days. The Internal Complaints Committee members may decide to take help of external experts for any inquiry/investigation.
- On completion of an inquiry, the Internal Complaints Committee shall provide a report of its findings to the employer within a period of 10 days from the date of completion of the inquiry and such report shall be made available to the concerned parties.
- The employer shall take appropriate action within 60 days from the submission of the inquiry report.
- Disciplinary actions that may be taken includes but is not limited, to the following:
- Written apology from offender,
- Bond of good behaviour
- Debarring from supervisory duties
- Denial of employee benefits like increments/promotion/salary correction etc.
- Cancellation of specific work assignment
- The Management shall take appropriate disciplinary actions in case:
- The complaint/ allegation is found to be false or malicious
- The Aggrieved Woman or any person on her behalf has made the complaint knowing it to be false.
- The Aggrieved Woman or any other person on her behalf has produced any forged or misleading document.
- Any witness has given or produced false evidence, forged or misleading document(s).
- The final decision shall be communicated in writing to the Aggrieved Woman and the Respondent
- If the employee is not satisfied with the disciplinary action taken as per the policy, she can pursue the matter as per the laws of the land and can forward the complaint to the district local committee/nodal officer as appointed by the state government.
7. Frequency of Meeting and Quorum
- The Internal Complaints Committee shall meet as and when a complaint is made;
- The quorum of the Committee shall be 3;
- The decision of majority shall be final and binding; and
- The minutes of every meeting shall be recorded in the Minutes Register maintained for the purpose by the Presiding Officer, or a person nominated in writing by the Presiding Officer.
- The Internal Complaints Committee shall in each calendar year prepare an annual report and submit it to the employer.
8. Interim Measures
- During the pendency of an inquiry, on written request made by the Aggrieved Woman, the Internal Complaints Committee may recommend the Management to:
- Transfer the Aggrieved Woman or the Respondent to any other workplace
- Grant leave to the Aggrieved Woman up to a period of three months
- Grant such other relief to the Aggrieved Woman as may be prescribed
- The leave granted to the Aggrieved Woman shall be in addition to the leave she would be otherwise entitled.
9. General Guidelines
- In case the Internal Complaints Committee finds that prima facie a case exists and is coverable under the Indian Penal Code, appropriate action shall be initiated by the Management for lodging a Police Complaint.
- Each complaint of Sexual Harassment shall be dealt with utmost confidentially and on priority by the Internal Complaints Committee
- The Management shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy.
- Any incident which occurs as a result of an act or omission by any third party or outsider, the Management shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
10. Roles and Responsibilities
Employees should familiarize themselves with the key elements of the policy and should:
- Refrain from committing any acts which amount to sexual harassment at the Workplace
- Report incidents of Sexual Harassment without fear
- Create an environment of conduciveness for co workers to work together without fear of harassment
Head of Department (HOD) and Managers
Respective HODs and Managers are encouraged to:
- Provide appropriate working conditions in respect of work, leisure, health and ensure there is no hostile environment at the work place.
- Report any complaint or grievance immediately to the concerned authorities
- Ensure there is no retaliation or retribution happening at the workplace where the supposed action is to have taken place
- Implement the disciplinary action
The HR managers are encouraged to:
- Conduct necessary communication and training across the company, with respect to sexual harassment at the workplace
- Ensure this policy is communicated, explained and handed over at the time of induction of every Employee
- Ensure appropriate training is provided to members of the Internal Complaints Committee, including training on gender sensitivities
- Provide appropriate medical assistance, if any need may so arise
- Clarify to employees on any queries related to this Policy
11. Information Dissemination
The Company shall display, at any conspicuous place in the workplace, the penal consequences of sexual harassments and also the constitution of Committee
The CK Birla Hospitals reserves the right to (at any time) alter, withdraw or delete any of the provisions mentioned in the above policy.