1. Policy Objective
Sasakawa – India Leprosy Foundation (S-ILF) is committed to creating a healthy working environment for its employees. S-ILF as an employer is strongly committed to ensuring that its employees are treated with dignity and are protected against harassment, including sexual harassment at the workplace. Any instance of sexual harassment will be treated by S-ILF as misconduct and would be dealt with appropriately.
2. Policy Statement
To provide an environment where all individuals have the right to work in an environment free of any kind of sexual harassment. S-ILF has zero-tolerance for sexual harassment. SlLF’s sexual harassment policy has been formulated to:
- Prohibit, prevent and protect against acts of sexual harassment at the workplace, and
- Provide mechanisms and processes for lodging and redressal of complaints pertaining to sexual harassment.
3. Scope
- The policy shall be applicable to all staff including staff on the rolls; staff on contract; and subcontracted employees on S-ILF
- The Policy is relevant across all S-ILF offices or sub-offices.
S-ILF will take all steps to assist the victim in terms of support and preventive action.
4. Definition of Sexual Harassment
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of sexual nature. Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:
- Unwelcome Physical contact & advances
- Demand or request for sexual favours by words or action.
- Sexually coloured remarks
- Showing pornography, which may include but not limited to screen savers, calendars, desktop wallpaper, posters, websites, presentations, emails, computer games etc.
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Such conduct is Sexual harassment when:
In addition, prohibited forms of sexual harassment include but are not limited to the following:
- Objectionable physical proximity or contact
- Discussion of a person’s physical characteristics or dress
- Unwelcome suggestions regarding, or invitations to, social events or activities
- Telling offensive jokes or sexually explicit stories
- Circulation or posting of offensive cartoons or pictures
- Use of offensive language or demeaning terms
- Any unwelcome advances
5. Responsibilities Regarding Sexual Harassment
All employees of the Foundation have a personal responsibility to ensure that their behaviour is not contrary to this policy. They are encouraged to reinforce the maintenance of a work environment free from sexual harassment.
6. Complaint Mechanism
An appropriate complaint mechanism in the form of the “Internal Complaints Committee” (ICC) has been created in the Foundation for time-bound redressal of the complaint made by the victim.
7. Internal Complaints Committee
ICC is constituted by Foundation to consider and redress complaints of sexual harassment by its employees as per The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 and rules made there under the said Act.
The members of ICC are:
- Presiding Officer — Ms Rajni Sharma, Head Finance, S-ILF
- Outside expert Member – Ms Rhumjhum Chatterjee
- Member — Ms Charu Gaba, Manager, Programs, S-ILF
- Member – Mr Gaurab Sen, Chief Executive Officer, S-ILF
(The committee may decide to invite others to be members if needed)
8. Complaint Procedure
When an incident of sexual harassment occurs.
- It is in the employee’s interest to directly inform the harasser that the conduct is unwelcome and must stop.
- If the harassment does not stop or if the victim is not comfortable with addressing the harasser directly, the victim can bring their concern to the attention of the ICC for redressal of their grievances. The ICC will thereafter provide advice or extend support as requested and will undertake a prompt investigation to resolve the matter
- The complaint can be made either verbally or in writing, during or after work hours by:
- Sending an email
- Calling on the telephone
- Personally meeting the members of the complaint committee inside or outside the office premises during or after office hours.
- In the complaint, the employee is required to disclose his/her name, department, division, and location he/she is working in, to enable the Presiding Officer to contact them and take the matter forward.
- If the complainant is unable to personally make the complaint on account of her physical or mental incapacity, the complaint may be filed by:
- a relative or friend
- a co-worker or
- Any legal heir
- All sexual harassment complaints will be treated with the utmost confidentiality to the extent possible. Reprisal by any employee or manager against any employee or corroborating witness in sexual harassment complaints will not be tolerated.
9. Settlement of Complaint through Reconciliation
The Presiding Officer of the ICC will proceed to determine whether the allegations (assuming them to be true only for the purpose of this determination) made in the complaint fall under the purview of Sexual Harassment, preferably within 30 days from receipt of the complaint.
The ICC may, before initiating an inquiry, and at the aggrieved person’s request, attempt to settle the matter through conciliation. However, the ICC shall ensure that no monetary settlement shall be made as a basis of conciliation.
Where a settlement has arrived at, the ICC shall record the settlement so arrived (the settlement terms shall be signed by both the parties and they shall be provided with a copy of it) and forward the same to the Employer to take action as specified in the recommendation.
Where a settlement is arrived as mentioned hereinabove, no further enquiry shall be conducted by the ICC. However, the cases where a settlement is not arrived, the ICC will initiate the enquiry of the matter as per the provisions mentioned below.
10. Enquiry Process
If the Presiding Officer of the ICC determines that the allegations constitute an act of sexual harassment, he/ she will proceed to investigate the allegation in detail with the assistance of the Complaints Committee.
The ICC shall provide a copy of the complaint, along with supporting documents, to the Respondent within 7 working days.
Respondent shall be required to file a reply within 7 working days of receipt of the complaint along with a list of documents, names and addresses of witnesses from his side.
The ICC shall have the right to call the person against whom the complaint is made or any other witnesses as and when necessary.
The ICC shall have the right to terminate the enquiry or give an ex-parte decision on the complaint, if the Respondent or complainant remains absent for 3 consecutive hearings, without sufficient cause.
The ICC must complete its investigation within a period of 90 days from the date of receiving the complaint from the aggrieved employee.
None of the parties shall be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the ICC.
The parties shall, during the course of the inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both parties enabling them to make representation against the findings before the ICC.
On the completion of an inquiry, the ICC shall provide a report of its findings to the Foundation, within a period of 10 days from the date of completion of the inquiry. A copy of the same report shall also be made available to the concerned parties.
11. Penalties that may be recommended by ICC
Depending on the circumstances, disciplinary action imposed on an employee found to have committed sexual harassment may include one or a combination of the following:
- A formal apology to the offended party;
- Counselling;
- A verbal or written warning;
- A transfer;
- Suspension;
- Termination from employment; and/or
- Any other form of appropriate corrective action
The victim of sexual harassment shall have the option to request the transfer of the perpetrator or her own transfer. Such action will be taken within 60 days of the receipt of the report by the Foundation.
Penalties for false accusations
The complaint of sexual harassment made by any employee shall be taken up with utmost seriousness by Foundation. However, there shall be zero tolerance for any false accusation.
In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Management, including termination of service.