POLICY ON THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

I.        BACKGROUND AND INTRODUCTION:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”) was passed by both the Houses of Parliament and it received the assent of the President of India on 22nd April, 2013. It is an Act to provide protection against sexual harassment at the workplace and for the prevention and redressal of complaints of Sexual Harassment (as defined later) and for matters connected therewith or incidental thereto. 

CIF Advisors Private Limited (“Matter/We/Us/Our”) recognises, respects, and resolves to protect every individual’s identity, sexual orientation, and gender identity on a fluid gender spectrum that is completely self-determined by the respective individual. As a law-abiding and a responsible organization, Matter strives to create and maintain a safe work environment, free from all forms of harassment including sexual harassment & discrimination for all its employees and persons engaged by Matter on contract basis or visitors. 

This Policy applies to all employees, female, male or transgenders, of Matter and is deemed to be incorporated in the service conditions of all employees and comes into effect immediately. The Policy also applies to individuals engaged on a fixed term contract or short-term engagement with Matter, including trainees, contractual employees and visitors in our premises.

The Policy’s overarching framework largely takes after the POSH Act’s investigation mechanism and safeguards against sexual harassment. To the extent that the Policy is not opposed to or conflicting with the POSH Act, the POSH Act shall govern any claims of sexual harassment brought by female employees. Any provision of this Policy that is in conflict with a provision of the POSH Act shall be null and void and of no force or effect. This Policy incorporates by reference the POSH Act and Rules.

The objective of the policy is also to foster a non-discriminatory, equal opportunity-based healthy workplace environment by ensuring an effective redressal mechanism for sexual harassment at the workplace. 

II.       DECLARATION:

Matter hereby declares that it will not tolerate any form of Sexual Harassment in the ME Workplace, as defined by the POSH Act, and that no Employee or any other person, regardless of age and gender (including women, men, and transgender people), will be exposed to sexual harassment in the ME Workplace.

III.      DEFINITIONS: 

1.     “Aggrieved Individual/AI” means in relation to ME Workplace, a person, of any age, whether employed or not, who alleges to have been subject to any act of Sexual Harassment by the Respondent and includes contractual, temporary employees and visitors, and shall mean and include the Complainant (defined below).

2.     “Appropriate Government” shall have the same meaning as provided in the POSH Act. 

3.     “Complainant” is any Aggrieved Individual (including a representative as more fully described under Rule 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“Rules”) if the Aggrieved Individual is unable to make a complaint on account of his/her physical or mental incapacity or death or otherwise) who makes a complaint alleging Sexual Harassment under this policy.

4.     “Employee” means a person employed at ME 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 or engagement are express or implied and includes a co-worker, a contract worker,’ probationer, trainee, apprentice or called by any other such name. 

5.     “Employer” means a person/people who is/are responsible for management, supervision and control of the ME Workplace including appointment/removal/termination of Employees.

6.     “Internal Committee/IC”: means internal committee formed by Matter under Section 4 of POSH Act to hear and investigate Sexual Harassment complaints of women present at the ME Workplace whether employed or not.

7.     “ME Workplace”- shall mean and includes:

-        All offices and branches of Matter across the territory of the whole world. 

-        Any place visited during the course of employment and engagement (including transportation provided by Matter, field trips, excursions, off-site visits, client visits, etc. if any provided, conducted, or directed by Matter to be performed). 

-        The virtual places of interaction as used by Matter to facilitate internal and external coordination are also included within this definition (including but not limited to teleconferencing platforms like Zoom, Google Meet, or Microsoft Teams; instant messaging platforms like Whatsapp or imessage; and more formal means of communication like email platforms or audio and video phone calls).

-        Any social, business or other functions where the conduct or comments may have an adverse impact on the workplace or workplace relations.

NOTE: This list is not exhaustive and is merely indicative of the nature of environments/platforms that will qualify as “ME Workplace”. 

8.     “POSH Act” shall mean the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,  2013. 

9.     “Presiding officer” means the presiding officer of the IC and shall be a woman employed at a senior level at the ME Workplace amongst the employees.

10.   “Respondent/RE” means a person against whom a complaint of Sexual Harassment has been made under this policy.

11.   “Sexual Harassment”- It includes but is not limited to such unwelcome sexually characterised behaviour whether directly or by implication such as: 

-        Physical contact and advances.

-        A demand or request for sexual favours.

-        Sexually coloured remarks.

-        Showing pornography an individual’s consent and making them feel uncomfortable.

-        Any other unwelcome physical, verbal or non-verbal conduct of an explicitly sexual nature.

-        Any improper sexual conduct, that is directed at and offensive to another person or persons in the ME Workplace, and that the individual knew or ought reasonably to have known would cause offence or harm.

-        Any objectionable sexual act, comment or display that demeans, belittles, or causes personal humiliation or embarrassment, and any act of intimidation or threat.

The following circumstances, if they occur in relation to or connected with any act or behaviour falling within the ambit of Sexual Harassment, may amount to Sexual Harassment themselves: 

-        Implied or explicit promise of preferential treatment in their employment. 

-        Implied or explicit threat of detrimental treatment in their employment.

-        Implied or explicit threat about present or future employment status. 

-        Interferes with their work or creating an intimidating or offensive or hostile work environment for them. 

-        Humiliating treatment likely to affect their mental and physical health or safety.

IV.     AWARENESS OF THE POLICY: 

AN EMPLOYEE’S RESPONSIBILITIES UNDER THIS POLICY: 

All Employees are encouraged to familiarize themselves with the policy’s essential components, including its redress mechanisms in cases of Sexual Harassment. Employees shall: 

a.     Abstain from engaging in any behaviour or committing any acts that could be construed as Sexual Harassment in the ME Workplace. 

b.     Report Sexual Harassment incidents without fear of retaliation. 

c.      Foster an environment of conduciveness for co-workers to work together without fear of harassment. 

d.     Refrain from making any frivolous, retaliatory, malicious or false Sexual Harassment complaints. 

e.     Get clarifications from any member of the Internal Committee whenever in doubt. 

f.      If you are Sexually Harassed: 

•        Don’t be ashamed and don’t blame yourself. 

•        Say NO clearly. Inform the offender that his/her attentions/acts/advances are unwanted. 

•        Make it clear that you find the behaviour offensive. If it persists, write a memo to the offender asking him/her to stop; keep a copy. 

•        Remember that Sexual Harassment is not only against Matter’s policy but also against the law. 

•        Know your rights under this policy. 

•        Keep a written, dated record of events. Write down each incident including date, time and place, details of what happened and your response. Confide in one of the Internal Committee members. 

•        Get help. Don’t delay. 

For avoidance of doubt, failure to act in the manner provided above does not in any way preclude a Complainant from filing his/her complaint. The Internal Committee shall not use non-compliance of the above to dismiss the case without a thorough investigation.

EMPLOYER’S RESPONSIBILITIES AND OBLIGATIONS UNDER THIS POLICY:

a.      Provide a safe working environment at the ME Workplace; 

b.     Create awareness of the Sexual Harassment policy amongst the Employees and any other persons; 

c.      Constitute the IC specifying the constitution of its members, their qualification, scope and the tenure the members; 

d.     Provide necessary facilities to the IC for dealing with the complaint and conducting an inquiry; 

e.     If found guilty, take disciplinary action against the accused/frivolous complaints.

V.       ROLE OF HR: 

• Initiate actions as recommended in the report.

• Display at conspicuous, place the details of IC members.

• Create awareness on Sexual Harassment and remedial measures as provided under the POSH Act among all Employees and other persons.

• Arrange capacity and skill building programme for IC members.

• Ensure submission of annual report to appropriate authority.

• All administrative help to IC as and when required.

VI.     PROCEDURE FOR FILING A COMPLAINT:

A complaint on Sexual Harassment at the ME Workplace must be made by the AI in writing (emails permitted) to the IC within a period of three months from the date of occurrence of an incident. In case of a series of an incidents, within a period of three months from the date of last incident by:

• the AI/Complainant. 

• in case of more than one AI, by all or any one or more of them.

• a relative or friend of the AI, any co-employee or any other person who has the knowledge of the incident with written authorization/written consent of the AI/Complainant. 

The AI shall either submit a physical copy of the complaint and supporting documents to each member of the IC or mailing the soft copy of the same to posh@matter-ent.com. For the sake of clarity, if the alleged Sexual Harassment occurred in a ME Workplace, the IC shall accept complaints filed by non-Employees against non-Employees, or assist the AI in filing a complaint with the IC of the Respondent’s organisation, if it believes that the IC of Respondent’s organisation will have more control over the case to provide the AI with justice.

The AI should specify the time and location of the incident(s) in question and name any witnesses who may have seen or heard anything(s).

The AI may seek assistance from the IC or any of its members who shall provide all reasonable assistance to the AI in drafting a written complaint, if the AI is having difficulty doing so.

Upon showing adequate cause, the IC shall have the powers to extend the time-limit prescribed for reporting any such events of Sexual Harassment provided any such extension is not granted for more than three months, if it is satisfied that the circumstances were such which prevented AI from filing a complaint within the three month period. Women who have experienced Sexual Harassment after the statute of limitations has expired should file their complaints with the Appropriate Government body.

VII.    PROCESS TO BE FOLLOWED BY IC :

1.     On receipt of the complaint, the IC would initiate preliminary inquiry to evaluate if there is a prima facie case or not. 

2.     Post establishment of a prima facie case, the IC will seek explanation in writing from the RE after providing them the copy of the complaint. Mere filing a complaint does not mean either Respondent is guilty or complaint is false and it is subjected to impartial inquiry and the evidence that is made available to IC both by production of documents & witnesses during inquiry. 

3.     Post receipt of reply from RE, IC may before initiating an inquiry and at the request of the AI, take steps to settle the matter between the AI and the RE, through conciliation, provided that no monetary settlement shall be made as a basis of conciliation. Where a conciliation settlement is arrived, no further inquiry shall be conducted by IC. 

4.     If conciliation fails, or if AI insists for an enquiry, then the IC will initiate a detailed inquiry and submit the report with recommendations or punishments to RE or closure of the case with reasoned findings or action against the Complainant for a false complaint. The IC will maintain utmost secrecy as regards identity of AI, RE and Witnesses, content of complaint, entire proceedings of probe, conciliation or inquiry etc. 

VIII.   PROCEDURE FOR DETAILED INQUIRY:

1.     The IC must deliver a copy of the complaint to RE within seven (07) working days of receiving the complaint.

2.     The RE is required to file/submit a response to the complaint within ten (10) working days of receiving the complaint.

3.     If the RE does not file a response, the IC, as the case may be, will conduct the investigation based on the complaint filed by the AI.

4.     The AI and RE shall be afforded a reasonable opportunity to cross-examine each other’s witnesses and/or produce any supporting documents, etc.

5.     The IC shall record the testimony of both parties’ witnesses.

6.     All proceedings of the IC shall be recorded and signed by the AI and RE as evidence of their authenticity.

7.     Neither the AI nor the RE will be permitted to be represented by an attorney.

8.     At the outset of the investigation, the IC shall explain to both parties the procedure to be followed during the investigation.

9.     The IC shall investigate the complaint in accordance with natural justice principles.

10.   To maintain confidentiality and impartiality, the inquiry must take place within Matter or at a location designated by the Employer.

11.   The IC shall ensure that both parties are provided with every opportunity to present or defend their case.

12.   A minimum of three (03) members of the IC, including the Presiding Officer, must be present during the investigation.

13.   The IC shall conclude the investigation within ninety (90) days from the date the investigation was initiated.

14.   The IC shall provide the Employer and parties with a report of findings within ten (10) days of the conclusion of an investigation.

IX.      CONCLUSIONS AND RECOMMENDATIONS OF THE IC:

Upon completion of an investigation, if the IC concludes that the RE subjected the AI to Sexual Harassment, the IC shall recommend to the Employer any award/relief, in its sole discretion, in accordance with the applicable laws and the POSH Act.

Initiate an investigation against the AI if the IC has reason to believe that the allegation against the RE was filed maliciously or for an ulterior purpose(s). Upon completion of the investigation, if the IC concludes that the complaint is false, it shall initiate the disciplinary proceedings required by the POSH Act or any other action that the IC deems appropriate.

Within sixty (60) days of receiving the report, the Employer should take appropriate action based on IC’s recommendation. Employer shall collaborate with IC to implement the recommendation.

X.       The AI and RE shall have the right to appeal before the IC within 90 days of the recommendations being implemented, in the event of new evidence coming to light that either party may submit before the IC.ACTION DURING PENDENCY OF INQUIRY: 

In order to ensure a fair and impartial inquiry into the complaint, the IC may recommend the Employer at their sole discretion to: 

a.     issue notice of administrative leave to the Respondent and ask him/her not to attend office/work place during the pendency of the inquiry; and/or 

b.     temporarily suspend the Respondent from employment or engagement pending completion; and/or

c.      grant paid leave to the AI for a period of 3 (three) months. 

XI.      FALSE COMPLAINT: 

Matter will investigate any allegation of Sexual Harassment made by any Employee or any other person with the utmost seriousness. However, false accusations will not be tolerated under any circumstances.

If the IC determines that the allegation was made maliciously or that the AI or any other person making the complaint on behalf of AI used false, forged, or misleading documents to prove his/her case, then the IC may recommend that the person who filed the complaint be terminated. Before recommending action in such a circumstance, malice must be established through investigation. A mere inability to substantiate a complaint or provide sufficient evidence would not warrant action under the terms of this policy. A similar recommendation for disciplinary action would be made against any witness who, according to the IC, has provided false testimony or produced forged or misleading documents.

It is important to note that this statement is not intended to discourage Employees from filing complaints. Matter recognises and anticipates that some claims may be difficult to prove or substantiate, or may not rise to the level of seriousness required to constitute Sexual Harassment. These types of allegations will not be regarded as false accusations or complaints.

XII.    APPEAL AND OTHER REMEDIES

A person who is aggrieved by the recommendations of the IC or the non-implementation of such recommendations may file an appeal with the court or tribunal in accordance with the POSH Act. The appeal must be filed within (90) ninety days of receiving the recommendations.

Assaults, including sexual assault, are covered by the Criminal Code, and employment or engagement will be terminated if guilt is proven. Any allegation of such an incident must include a police report. Where any conduct of Sexual Harassment amounts to a specific offence under the Indian Penal Code or under any other applicable law, then IC shall, if the AI so desires or chooses, assist in or initiate appropriate action in accordance with law including filing/registering a complaint with the appropriate authority as per the applicable laws.

If a complaint regarding the same issue is or has been resolved through another recourse, the complaint process under this policy will be terminated, the complaint will be closed, and the person in question must be suspended or terminated immediately if proven guilty.

XIII.   PROHIBITION AGAINST PUBLICATION OR DISCLOSURE OF COMPLAINT OR INQUIRY PROCEEDING CONTENT:

The contents of the complaint, the identities and addresses of the AI, RE, and witnesses, and any information relating to conciliation and inquiry proceedings, recommendations of IC, and Employer’s action shall not be published, communicated, or made known to the public, press, or media in any way.

XIV.   CONFIDENTIALITY:

Matter recognises that it is difficult for a victim to come forward with a Sexual Harassment complaint and that the victim wishes to keep the matter confidential.

To protect the interests of the victim, the accused, and others who may report incidents of Sexual Harassment, confidentiality will be maintained throughout the investigative process, to the extent practicable and appropriate.

XV.    ACCESS TO REPORTS AND DOCUMENTS:

Matter will maintain the confidentiality of all complaint records, including but not limited to meeting minutes, investigation results, and other pertinent information, unless disclosure is required by disciplinary or other corrective processes.

XVI.   MODIFICATION:

As long as it complies with the POSH Act, guidelines or amendment to the 2013 Act to be issued by the Government of India, Matter may alter, amend, or rescind any of the provisions of this policy whenever it deems it necessary to do so. Any such changes, amendments, or cancellations will be communicated to all Employees or any other persons.

XVII.     MISCELLANEOUS:

• In case the complaint is against a member of the IC itself, then the AI is advised to contact one of the other members of the IC privately and once the IC is constituted, it will not comprise of the accused member and their position will be replaced by another member chosen in consultation with the remaining IC members and the Employer. The rest of the procedure will follow as described herein. This will also be followed in case the complaint is against the Presiding Officer as well. 

• In case the complaint is against the Employer, then after the completion of the inquiry (if applicable), the IC will need to decide whether external authorities need to get involved and any such decision will be upto the Presiding Officer of the IC in consultation with the external member (if any). 

• It is of utmost importance that all members of the IC conduct themselves with an extremely high standard of confidentiality, professionalism, and judiciousness while performing their services as described herein. Any instances of breach of confidentiality in any form by any member will be subject to immediate removal from the IC and further disciplinary action subject to the discretion of the Employer.

• The login credentials to the IC email address will be changed periodically and after every transfer/replacement of an IC member. Nobody outside the IC shall have access to the same.

• The IC members will be jointly responsible for the annual reporting compliances with the appropriate authority.

• Each IC member is expected to be approachable, fair, and empathetic while conducting their office as provided herein. Sexual Harassment is a very serious matter and it is each IC member’s responsibility to create an environment and perception that is conducive to potential AI(s) to come forward with their grievances.

• The timelines as described here will be met in each case and any deviation from the same due to any particular issues will need to be discussed and approved by the employer beforehand.