- Policy details
1.1. Applicability
This policy applies to all SARACA employees, contractors, and temporary employees. This policy shall be disseminated to each employee of the company as well as new recruits who will have to acknowledge that they have read and understood the policy and that they shall abide by the policy. The acknowledgement declaration is attached in section 7.
1.2. Redressal committee
1.2.1. The committee details are as per appendix A and B.
1.2.2. Internal complaint redressal committees have been constituted by the management at company’s each office/Unit/Workplace, to deal with any complaint(s) of sexual harassment. Changes, if any, in the committee shall be notified from time to time.
1.2.3. The committee consists of 5 persons, with a ratio of 3 women & 2 men including legally qualified person (outside the organization) familiar with the issues related to sexual harassment, Labor Laws etc. The senior most woman member of the committee shall be the presiding Officer/chairperson.
1.2.4. The term of every committee member shall be for a maximum period of three years from the date of their nomination and can be reappointed as per organizations requirement.
1.2.5. The quorum of three persons is required to be present for the proceeding of the committee to take place. The quorum shall include presiding officer.
1.2.6. In case of any resignations of any of the member, the management team shall nominate a new member.
1.2.7. The chairperson of the internal complaints committee shall decide the venue and time of sittings of the committee. However, the venue shall be convenient to the complainant.
1.3. Any aggrieved party who feels that they have been or are being sexually harassed by an employee/ third party, are encouraged to immediately inform the respondent that the behavior is unwelcome. This will provide an opportunity for self- correction so as not to recur.
1.3.1. Any aggrieved employee who has been sexually harassed may submit a complaint of the alleged incident to the chairperson of the location committee (Reena Kumari for Noida and Neha Arya for Bangalore) in writing with her/his signature within 90 days of occurrence of incident. Delay, if any, shall be condonable up to further 90 days on valid reasons. In case of physical or mental incapacity of the aggrieved employee to make a complaint, the complaint can be submitted to the committee through his/her relative, friend, guardian, or co-employee.
1.3.2. Complaint to be submitted along with all its supporting documents and names of the witnesses, if any.
1.3.3. On receipt of the complaint, Internal Complaint Redressal Committee (ICC) shall send one of the copies of the said complaint received from the aggrieved employee to the respondent. The respondent shall file his/her reply to the complaint along with list of documents and names of witnesses, if any, within a period not exceeding 10 working days.
1.3.4. Before conducting detailed enquiry, committee shall at the request of the aggrieved employee, take steps to settle the matter between the victim and the perpetrator through conciliation. There will be no monetary settlement. If the settlement is arrived, the committee shall record the settlement so arrived and the same shall be submitted to the management of the company with copy to aggrieved employee and the perpetrator.
1.3.5. Where settlement is arrived, no further enquiry will be conducted by the committee.
1.3.6. If no conciliation was held or no settlement was arrived during the conciliation or if terms and conditions of the settlement arrived during the conciliation has not been complied with by the respondent, the committee shall conduct detailed enquiry in accordance with principles of natural justice and on par
1.3.6.1. Ensure that both the parties are given full opportunity of being heard.
1.3.6.2. Record statements of the aggrieved employee as well as the Respondent.
1.3.6.3. Summon and enforce the attendance of any person and examine him/her on oath.
1.3.6.4. Summon discovery and production of documents.
1.3.7. If the aggrieved employee or the person against whom complaint is made desires any witness/es to be called, they shall communicate in writing to the committee the names of witness/es that they propose to call. If the aggrieved employee desires to tender any document(s) by way of evidence before the committee, she shall supply original copy of such document(s). Similarly, if the person against whom complaint is made desires to tender any document(s) in evidence before the committee he shall supply original copy of such document(s). Both shall affix his/her signature on the respective document(s) to certify these to be original copy(s).
1.3.8. The parties shall not be allowed to be represented before the committee through a legal practitioner.
1.3.9. The inquiry into the complaint shall be completed within a period of 90 days. On completion of enquiry, the committee shall submit findings to the Management of the company within 10 days of closing of enquiry and copy of the said findings shall be made available to both the parties, enabling them to make representation against the findings before the committee.
1.3.10. Where the committee arrives at the conclusion that the allegations against the respondent has been proved, it shall recommend to the HR- Head to take any action, including written apology, warning, withholding promotion, transfer, withholding increment/bonus, termination of services of the respondent or carrying out community services or any other punishment, as per the company’s prevailing policies. The committee can also recommend deduction of appropriate amount from the salary/remuneration of the perpetrator and pay to the complainant.
1.3.11. In the event, the complaint does not fall under the purview of Sexual Harassment, or the complaint does not mean an offence of Sexual Harassment, the same would be dropped after recording the reasons thereof and be handed over for HR team to review and take appropriate action.
1.3.12. In case the complaint is found to be malicious or the complainant making the complaint has made the complaint knowing it to be false or if the complainant or any other person in support of the complaint produce any forged or misleading document, the committee can recommend to the HR-Head to act, against the complainant and/or the concerned person.
1.3.13. To the extent feasible, the complaint and the proceedings of the conciliation/enquiry shall not be published, communicated, or make known to the public, press and media in any manner, by disclosing the name, address and identity of the parties or witnesses.
1.4. Action by management
The HR Head will take appropriate action in accordance with the recommendation proposed by the committee within sixty days.
1.5. Appeal
Any appeal against the recommendations of the committee shall lie with the court of law and the same can be made by the aggrieved employee within 90 days of recommendations. However, if the aggrieved employee is desirous of an internal review, he/she may appeal to the managing director of the company within a period of five days of the recommendations.
1.6. Punishment for false or malicious complaint and false evidence
1.6.1. A complaint of sexual harassment made by any employee will be taken up with the utmost seriousness by SARACA. However, there shall be zero tolerance for any false accusations or false evidence. Where the ICC arrives at a conclusion after due investigation in accordance with the principles of natural justice, that the allegations against the respondent are false or malicious or the aggrieved party or any other person has produced any forged or misleading document/evidence/statement with an intention to malign the reputation of the respondent, the committee may recommend acting.
1.6.2. Provided that the mere inability of the aggrieved party to provide adequate proof shall not be treated as a false complaint. Further, it shall be necessary to establish the malicious intent of the aggrieved party before any action is taken. Saraca recognizes and expects that some sexual harassment complaints may be difficult to prove or support. These types of complaints will not be false accusations. We recognize the difference between a complaint with insufficient evidence and a false complaint.
1.6.3. In case a situation arises, where the committee arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document with intent to mislead the investigation, the Committee may recommend to the HR to take disciplinary action against such witness.
1.7. Confidentiality
Saraca treats confidentiality with respect to sexual harassment complaints very strictly. The contents of the complaint made under the policy, identity and addresses of the aggrieved party, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Committee are confidential.