Anti-Harassment Policy
I. General Policy
This policy is applicable to HUMANEST FOUNDATION employees, co-workers, contract workers, probationer, trainee, apprentice including a contractor working with Corporate/ Registered office, & all offices operating in India which is controlled by the organization for carrying any commercial operations including services.
The organization reserves the right to change, modify, amend or cancel any or all provisions of this Policy.
If there is any discrepancy between this Policy and the terms and conditions of employment signed by the employee or the compulsory provisions of the applicable laws, then applicable laws will prevail. This Policy and its rules will be valid with immediate effect and will hold valid unless changed or specified otherwise.
II. Policy Objective
The purpose of this Policy is to provide protection against Harassment of all genders at workplace and for the prevention and redressal of complaints of Harassment and for matters connected therewith or incidental thereto.
III. Premise
Implementation of guidelines and norms prescribed as per “The Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules thereon” (applicable to whole of India) which have been enacted for providing protection against Harassment of all genders at workplace and for the prevention and redressal of complaints of Harassment and for matters connected therewith or incidental thereto.
IV. Definition
The Company strictly prohibits Harassment at all workplaces of the company. If any employee found to be indulged in Harassment at workplace of the company, he/she will be strictly dealt with in accordance with the provisions of the law dealing with such offences.
1.1 Harassment
Harassment includes any one-off following unwelcome acts or sexually determined behavior (whether directly or by implication) as:
a. Physical Contact & Advances: Unwelcome physical contact or suggestive advances.
b. Demand for Sexual Favors: Requests for sexual favors, directly or implied.
c. Sexually Remarks: Comments with sexual implications.
d. Showing Pornography: Displaying explicit materials.
e. Unwelcome Conduct of Sexual Nature: Any unwelcome verbal or non-verbal sexual behavior.
f. Preferential Treatment Promise: Implying rewards for compliance.
g. Threat of Detrimental Treatment: Implied or explicit threat of negative consequences.
h. Employment Threats: Threatening one’s current or future job status.
i. Work Interference/Hostile Environment: Actions creating a hostile or intimidating work setting.
j. Humiliating Treatment: Behavior likely to harm health or safety.
k. Cyber Harassment: Online threats, unwanted messages, or offensive posts.
l. Bullying/Mobbing: Repeated intimidation or undermining.
m. Discriminatory Harassment: Bias-based treatment on race, gender, etc.
n. Psychological Harassment: Mental pressure, manipulation, or gaslighting.
o. Stalking: Persistent following or monitoring causing distress.
p. Microaggressions: Subtle but harmful biased remarks.
q. Retaliatory Harassment: Punishment for reporting harassment.
r. Verbal Abuse: Derogatory language, shouting, or insults.
s. Property Interference: Tampering with personal or work belongings.
t. Body Shaming: Unwanted comments on appearance.
u. Marital/Pregnancy Harassment: Unfair treatment due to marital or parental status.
v. Rumor Spreading: Gossip or rumors harming reputation.
w. Isolation/Exclusion: Deliberate exclusion from activities or communication.
x. Forced Participation: Pressuring someone into unwanted activities.
1.2 Employee
“Employee” means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.
1.3 Aggrieved individual or Complainant
“Aggrieved individual” or “Complainant” means in relation to a workplace, an individual, of any age, sex, color whether employed or not, who alleges to have been subjected to any act of Harassment by Respondent.
1.4 Respondent or Accused
“Respondent or “Accused” means a person against whom the aggrieved individual has made a compliant.
Where Harassment occurs to Humanest Foundation employees as a result of an act by a third party or outsider while on official duty. Humanest Foundation will take all necessary and reasonable steps to assist the affected person in terms of support and preventive action.
V. Scope and effective date
The policy extends to all the employees of the Company and is deemed to be incorporated in service conditions of all Employees and shall come into effect from 21/05/2024.
VI. Internal Complaints Committee
The “Internal Complaints Committee” shall consist of a Chairperson, and 2 other Members. Out of these 3 Committee members, 2 shall be women and one of the women shall be the Chairperson. One of the Committee members shall be a woman from a reputed NGO / school / legal body / any other social work body familiar with the issues of harassment. The tenure of the committee shall be 5 years & names of the committee members shall be announced by the HR Head at each location & region. The HR Head shall be the authority for disciplinary actions on issues relating to Harassment at the workplace.
VII. Meetings & Inquiries
1. A Quorum of 3 members is required for proceedings to take place. The Quorum shall include Chairman and two other members one of which shall be a Women. Any aggrieved individual may make, in writing, a complaint of harassment at workplace to the Internal Committee so constituted, within a period of one months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
Where such complaint cannot be made in writing, any member of the Internal Committee shall render all reasonable assistance to the aggrieved individual for making the complaint in writing:
The Internal Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the aggrieved individual from filing a complaint within the said period.
Where the aggrieved individual is unable to make a complaint on account of physical or mental incapacity or death or otherwise, their legal heir or such other person as may be prescribed may make a complaint.
2. The committee will hold first meeting with the complainant within five days of the receipt of the complaint, but not later than a week in any case.
3. A detailed statement of allegation shall be handed over to the person against whom the compliant is made either through post or personally within 5 days from end of first meeting.
4. The person against whom the complaint is made shall reply in writing to the Committee within 7 days from receipt of statement of allegation.
5. The complainant shall be provided with a copy of the written explanation submitted by the person against whom complaint is made.
6. A detailed enquiry shall be conducted by the committee involving complainant and the person against whom the compliant is made.
7. If the complainant or the person against whom complaint is made desires any witness to be called, they shall communicate in writing to the committee the names of witness whom they propose to call.
8. If the complainant desires to tender any documents by way of evidence before the committee, she / he shall supply original copies of such documents. Similarly, if the person against whom complaint is made desires to tender any documents in evidence before the committee, he / she shall supply original copies of such documents. Both shall affix his / her signature on the respective documents to certify these to be original copies.
9. The committee shall provide every reasonable opportunity to the complainant and to the person against whom complaint is made, for putting forward and defending their respective case.
10. The committee shall complete the enquiry and submit its report along with its recommendation to the corporate HR head within 2 months from the date of lodging compliant.
11. HR head in consensus with the top management shall take suitable action which may include transfer/ disciplinary action/ termination of employment.
12. In case where the compliant is received against HR head, the committee shall directly report to the chairman of the audit committee.
VIII. Conciliation & Settlement Process
The internal committee before initiating an inquiry at the request of the aggrieved Individual take steps to settle the matter between their and the respondent through conciliation.
No monetary settlement shall be made as a basis of conciliation.
Where a settlement has been arrived at, the Internal Committee shall record the settlement so arrived and forward the same to the Company to act as specified in the recommendation.
The Internal Committee shall provide the copies of the settlement as recorded to the aggrieved Individual and the respondent.
Where a settlement is arrived at no further inquiry shall be conducted by the Internal Committee.
Internal Committee, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker the Committee shall, if' prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code, and any other relevant provisions of the said Code where applicable:
Where the aggrieved Individual informs the Internal Committee, that any term or condition of the settlement arrived at as above has not been complied with by the respondent, the Internal Committee shall proceed to make an inquiry into the complaint or as the case may be, forward the complaint to the police where both the 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.
IX. Punishment for false/ malicious complaints
Where the Internal Committee, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved Individual or any other person making the complaint has made the complaint knowing it to be false or the aggrieved Individual or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer, to take action against the person who has made the complaint, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exists, in such manner as may be prescribed.
Mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant.
Further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.
Where the Internal Committee, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness, to act in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.
X. Procedure to determine the sums to be paid to the aggrieved Individual only on following basis.
For the purpose of determine the sums to be paid to the aggrieved Individual, the Internal Committee, shall have regard to-
1) The mental trauma, pain, suffering and emotional distress caused by the aggrieved individual.
2) The loss in the career opportunity due to the incident of Harassment.
3) Medical expenses incurred by the victim for physical or psychiatric treatment.
4) The income and financial status of the respondent.
5) Feasibility of such payment in lump sum or in instalments.
XI. Duties of Management:
1) Provided a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.
2) Display at any conspicuous place in the workplace, the penal consequences of Harassment and the order constituting, the internal committee.
3) Organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and orientation programs for the members of the Internal Committee in the manner as may be prescribed.
4) Provide necessary facilities to the Internal Committee for dealing with the complaint and conducting an inquiry.
5) Assist in securing the attendance of respondent and witnesses before the internal committee.
6) Make available such information to the Internal Committee, as it may require having regard to the complaint made.
7) Provide assistance to the individual if they choose to file a complaint in relation to the offence under the Indian penal code or any other law for the time being in force.
8) Cause to initiate action, under the Indian Penal code or any other law for the time being in force; against the perpetrator or if the aggrieved Individual so desires, where the perpetrator is not an employee, in the workplace at which the incident of Harassment took place
9) Treat Harassment as misconduct under the service rules and initiate action for such misconduct.
10) Monitor the timely submission of reports by the Internal Committee.
XII. Confidentiality
Every effort will be made to protect the Complainant’s identity, subject to legal constraints.
XIII. Reports and Registers
1. The committee shall maintain a register entering the details of the compliant received confidentially and shall be placed before the HR Head on or before 31st March of each year.
2. The Committee shall analyze and put up report on all complaints of this nature on the 31st of March each year for submission to HR Head.
3. In case the Committee finds the degree of offence coverable under the Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be initiated by the Management, for making a Police Complaint.