POSH Policy

HL Mando Softtech India Pvt. Ltd (HL MSI) is an equal employment opportunity company and is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and sexual harassment. The policy is applicable to all the employees of HL MSI.

1. Definition of Sexual Harassment

Sexual Harassment includes any one or more of the following unwelcome acts or behavior (whether directly or indirectly) namely: -

1. Physical contact or advances
2. A demand or request for sexual favors; or
3. Making sexually colored remarks
4. Showing pornography; or
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature or whose impact is deciphered by complainant as conduct of sexual nature

2. Internal Complaints Committee (ICC)

HL MSI, as an equal opportunity employment company has constituted an Internal Complaints Committee (ICC) to deal with complaints of sexual harassment at the workplace for employees.

3. Guidelines for Internal Complaints Committee (ICC)

1. Constitution

The ICC shall be constituted as follows:

1. One senior female employee who will act as the Presiding Officer
2. Not less than 2 Members from amongst HL MSI employees preferably committed to the cause of women or have experience in social work or having legal knowledge;
3. One member from amongst associations/NGOs committed to the cause of women or a person familiar with the issues relating to sexual harassment
4. Number of female members in ICC should be in majority i.e. not less than half of the total number of members
5. The ICC members can define guidelines for selection of the members
6. The names of ICC members shall be notified by an Inter-office requisition

2. Tenure

ICC members shall hold office for not exceeding three years, from the date of their nomination by the employer.

3. Appointment of new members

New ICC member will be appointed by the management. An individual who has been previously elected as a member on the ICC can be re-elected.

4. Display of names of ICC members

Names of ICC members will be displayed at HR notice board at all times.

4. Redressal Process

1. Submission of sexual harassment complaint:

   The complainant needs to submit a detailed complaint, along with any documentary evidence available or names of witnesses, to any of the committee members at the workplace. Complaint can be made in-person/phone/email to any member of ICC including the Presiding Officer. Any oral communication should be followed up with a written communication by filling up “Sexual Harassment Complaint Form”.

   In case, sexual harassment complaint is submitted to HoD/TL/PL, the same should be forwarded to all member of ICC including the Presiding Officer immediately for next steps.

   Any case of sexual harassment should be submitted to ICC within 3 months of occurrence of incidence.

2. The complainant should submit the relevant documentary proof, oral or written to substantiate his / her complaint (Example: Video/audio recording, Text messages, Emails, Photographs etc.) to the ICC of which he/she might be in possession
3. In case, the complainant is unable to make a complaint on account of his/her physical or mental incapacity, his/her legal heir or such other person as may be prescribed may make a complaint to the ICC
4. If on receipt of the complaint, the ICC concludes that the complaint does not fall under the purview of sexual harassment then the case will be dropped immediately and intimated/transferred to management
5. The ICC will maintain a record of the complaint received and will keep the contents confidential except to use the same for discreet investigation
6. At any stage of the proceedings, if the aggrieved employee wishes to withdraw his/her complaint, the ICC shall permit to withdraw the complaint only after relevant documentation and justification to the satisfaction of the ICC
7. The ICC will hold a meeting with the Complainant within seven working days after receiving the complaint. The ICC members shall record his/her allegations in the first meeting
8. Thereafter, the accused will be intimated about such complaint in writing
9. The accused shall file his reply to the complaint along with proof (if any) within a period not exceeding 7 days from the date of receipt of intimation of complaint
10. The ICC shall make inquiry into the complaint in accordance with the principles of natural justice
11. The ICC shall have the right to terminate the inquiry proceedings, or to give an ex parte decision on the complaint, if the complainant or respondent fails, to present himself/herself for three consecutive hearings by the ICC. However, such termination or ex parte decision will be passed after giving a notice in fifteen days advance to the concerned party
12. The parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the ICC
13. The ICC will take appropriate steps to ensure fair investigation which will be duly conducted and concluded
14. The ICC shall provide an investigation report to the management, within 10 days of completion of enquiry with a copy to both the parties
15. In case the complaint is found to be false by the ICC, the Complainant will be liable for appropriate disciplinary action by the Management
16. A mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant
17. In case of dissatisfaction with the recommendations of the ICC, complainant can appeal to a court or a tribunal within 90 days of being informed of the recommendations of the ICC
18. If the conduct of the accused amounts to a specific offence under the Indian Penal Code or under any other law, HL MSI shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority

5. Punitive action

The investigation report of a case of sexual harassment will be duly forwarded to the management to take action. Recommendation of ICC can be further classified as under:

1. Minor Penalty
   1. The harasser is required to write a letter of apology to the victim
   2. Management writes a letter of reprimand to the harasser including a warning against further activity
   3. Harasser is suspended
   4. Management withholds the increment of harasser for one year
2. Major Penalty
   1. The harasser is demoted
   2. Management terminates employment of the harasser*
   3. Management withholds the increment of harasser for more than one year
   4. If the harasser is a vendor or third party, management terminates services of the vendor and blacklists the same

The outcome of the case will not infringe the human rights of the complainant. If the ICC is of the opinion (based on the substantiated facts) that the complaint of sexual harassment was made falsely and with malicious intent, then such action will be considered misconduct. In such case the ICC may make a recommendation of the appropriate action to management

6. Confidentiality

The identity of the complainant, accused, witnesses, statements and other evidence obtained in the course of inquiry process, recommendations of the committees, action taken by the employer is considered as confidential materials, and not published or made known to public. Any person contravening the confidentiality clauses is subject to disciplinary action as prescribed in the act.