The objective of this policy is to protect the right to work in an environment free from harassing, intimidating or offensive behaviour and in which issues of harassment will be resolved without fear of reprisal.
All the employees of Rockman Industries.
Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual. Sexual harassment includes unwelcome sexually determined behavior such as:
- Sexual innuendo and other suggestive comments or questions of a sexual nature, humour and jokes about sex or gender-specific traits, offensive written notes, sexual propositions and unwarranted pressure for dates, insults, threats, unwanted letters, phone calls or interviews which explicitly discuss personal sexual matters, displaying sexually suggestive objects, pictures showing pornography, cartoons, gossip regarding one’s sex life
- Leering, whistling, suggestive or insulting sounds and gestures
- Touching the body (brushing, patting, pinching), “friendly” arms around the shoulder, actual or attempted sexual assault, actual or attempted rape
- Sexual Favors:
- Persistent pressure for dates, unwanted sexual advances that condition an employment benefit upon an exchange of sexual favors
- It is not permissible to suggest, threaten or imply that failure to accept a request for a date or sexual intimacy will affect an employee’s job prospects
- Offering benefits such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations or reclassifications in exchange for sexual favors
- Each employee will maintain an appropriate standard of conduct with his/her colleagues.
- Each employee will be personally responsible for adherence to the laid down code of conduct in his/her range of work. The employee will ensure that S(he) does not get involved in any inappropriate act, conduct, conversation or dealings in his / her official, private and personal spheres.
- It is the responsibility of every employee to communicate / report any unacceptable behavior of the kind mentioned in the definition to sexual harassment, initiated towards self or colleagues.
- Sufficient precaution will be taken by the Organization to ensure that complete confidentiality is maintained and no form of discrimination is faced by the employee who has escalated the complaint
Procedure for Filing Complaints of Sexual Harassment
- To redress complaints of sexual harassment, a Redressal Committee has been formed (to be decided by Rockman Industries – Chaired by a Female member with adequate representation of women in the Committee). For holding an enquiry, minimum of 3 members shall be required to be present.
- Employees can file a complaint on sexual harassment to any of the members of the Redressal Committee. The complaint can be filed through email or in writing.
- Sexually harassed women at workplace can also file an FIR directly at the police station, under section 509 of Indian Penal Code as a criminal offence – “Outraging the modesty of women. physically / verbally / gestures / exhibits”. The punishment in such cases is 1 year of imprisonment or fine or both.
- Sufficient precaution will be taken by the Organization to ensure that complete confidentiality is maintained and no form of discrimination is faced by the employee who has escalated the complaint.
- The Redressal Committee will investigate all complaints thoroughly and promptly within 15 days of receipt of complaint, in a free and fair manner. The investigation may include private interviews with the person filing the complaint, the person alleged to have committed the offence and witnesses, if any. The person filing the complaint will be informed of the outcome of the investigation within 30 days from the date of the complaint.
- During the course of investigation, the complainant and the defendant can be called separately to ensure freedom of expression and an atmosphere free of intimidation. Complainant may also call upon one co-employee for support before the Redressal Committee during the enquiry, if (S)he so desires.
- If the investigation reveals that Sexual Harassment has been committed, the Committee will have a recommending role and cannot decide the punishment. It will forward its recommendations to the Executive Director, who will decide the Disciplinary Action.
- Redressal Committee will maintain a complaint register keeping track of complaints received and the process followed.
- In third party harassment, i.e. sexual harassment caused by outsiders who are not the employees of Rockman Industries, the Committee will play a role of providing moral support. If a regular complaint is received then action can be taken by informing the police in that area.
- If at any stage, after the filing of a complaint and during the proceedings in respect of it under these rules by the Redressal Committee, the aggrieved employee wishes to withdraw the complaints then S(he) shall have the right to withdraw the complaint and the redressal committee shall permit him/ her to withdraw the complaints and if an enquiry has commenced, then the Redressal Committee shall discontinue the enquiry. In case, the complainant wishes to settle the matter at his/her terms with the defendant and the later agrees for the same, then the redressal committee will submit the report accordingly.
- If the investigation reveals that Sexual Harassment has been committed by any of Rockman Industries employees, prompt and appropriate Disciplinary Action will be taken, as decided by the ED/ MD of the Organization. Such action(s)- Combination of written warning, reprimand or censure, public/ written apology, transfer, demotion, monetary fine, withholding increments/ promotions, suspension, termination.
- If the investigation reveals that the allegations of Sexual Harassment have been false and malicious in nature by the person filing the complaint, the latter will face severe disciplinary action.
- If it is brought to the notice of the Redressal Committee or if the Committee is of the opinion that pressure is being brought on the complainant or the witnesses to withdraw their statements or not to proceed with the complaints the committee will record the same and will attract disciplinary action.