THE SEXUAL H ARASSME NT OF WOMEN AT WORKPLACE …itlcentro.ilfstechnologies.com/Sexual Harassment...

23
THE PRE SEXUAL H EVENTION HARASSME N, PROHIB ( DECE 1 ENT OF W BITION AND POLICYMBER 201 WOMEN AT D REDRES ) 3 T WORKPL SSAL POLI LACE ICY

Transcript of THE SEXUAL H ARASSME NT OF WOMEN AT WORKPLACE …itlcentro.ilfstechnologies.com/Sexual Harassment...

THE

PRE

SEXUAL H

EVENTION

HARASSME

N, PROHIB

(

DECE

1

ENT OF W

BITION AND

“POLICY”

MBER 201

WOMEN AT

D REDRES

”)

3

T WORKPL

SSAL POLI

LACE

ICY

Sr No

(1) I

(2) A

(3) W

(4) I

(5) C

(6) F

(7) S

(8) I

(9) C

(10) A

(11) A

Introductio

Applicabilit

What Is Sex

If You Are

Constitution

Filing Comp

Settlement O

Inquiry Of

Completion

Appeal

Action By E

on

ty

xual Harass

Being Hara

n Of Intern

plaint With

Of Complai

Complaint

n Of Inquiry

Employer O

I

sment

assed

nal Complai

h ICC

int

By ICC

y By ICC

On Recomme

2

N D E X

nts Commit

endation M

ttee

Made By ICCC On

Pag

4

4

4

5

6

6

7

7

8

1

1

e No

4

4

4

5

6

6

7

7

8

10

10

C

(12) P

(13) M

(14) C

(15) I

(16) D

Conclusion

Protection A

Malicious C

Confidentia

Invitees

Duties of Em

Of Inquiry

Against Ret

Complaint

ality

mployer

y

taliation

3

1

1

1

1

10

10

11

11

(1) IN In“EsaSor InWob (a (b

TthAshbedi

(2) A

Tananwtetrw(“

(3) W

Sbe

i.

NTRODUC

nfrastructureEmployer”)afe, friendlyexual harasrganizationa

n view of thWomen at W

bjective of th

a) provid

b) preven

The terms of here under. I

Act/Rules (ashould be awehaviour is isciplinary a

APPLICABI

This Policy iny work on n agent inclu

whether for rerms of emprainee, appre

workplace, “Complaina

WHAT IS SE

exual harasehaviour (wh

Physic

CTION

e Leasing ) is committ

y and supporssment (as al health.

he aforesaidWorkplace (P

his Policy is

de protection

ntion and red

f this Policy In case of ans amended a

ware that theprohibited.

action, includ

ILITY

s applicablea regular, t

uding a contremunerationployment arentice or calwho allege

ant”).

EXUAL HA

ssment incluhether direct

cal contact a

& Financiated to mainrtive workin

defined b

d, and in ligPrevention, s to:

n against sex

dressal of Co

should be reny inconsistand modifiee Employer Violation o

ding termina

e to (i) persotemporary adtractor, with n or not, worre express olled by any es to hav

ARASSMEN

udes any ontly or by imp

and advances

4

al Services ntaining an eg environmeelow) and

ght of the prProhibition

xual harassm

omplaints (a

ead in conjutency betweeed from tim

is stronglyf this Policy

ation of servi

ons employed hoc or daior without trking on a vor implied other such n

ve been su

NT?

ne or moreplication) na

s; or

Limited (environmentent, free of

abuse dam

rovisions ofand Redres

ment of wom

as defined be

unction withen this Polic

me to time) sy opposed toy will not bices.

ed at the woily wage basthe knowledvoluntary baand includename and; ubjected to

e of the folamely:

(hereinafter t where all harassment

mages both

f The Sexuassal) Act, 2

men at workpl

elow) of sexu

h the Act andcy and the Ashall prevaio sexual harbe permitted

orkplace by tsis, either di

dge of the priasis or otherwes a co-wor(ii) any aggo any sex

llowing unw

referred twomen, enjand exploita

individual

al Harassme013 (“Act”)

lace ; and

ual harassm

d the Rules Act/Rules, thl. Every emrassment an

d and will re

the Employeirectly or thrincipal emplwise, whetherker, probatigrieved womxual harass

welcome ac

to as joy a ation.

and

ent of ), the

ent

framed hen the

mployee nd such esult in

er for rough loyer, er the ioner,

man at sment

cts or

ii.

iii.

iv.

v.

vi.

vii.

Trese (a (b

(c (d

(e

SanauIn

a demadvanmet wor

sexua

showi entry and ha

Takininto pmedia

any oincludovertoagainsderogmoles

The followinelation to orexual harassm

a) Implie

b) Implie

c) Implie

d) Interfeenviro

e) Humi

exual harassny person euthority whendian Penal C

mand or reqnces in exchwith retaliato

lly coloured

ing pornogra

into a privaarassment; o

ng photograppornographica; or

ther unwelcding eve-teasone in any st any part atory pictur

station.

ng circumstar connected ment:-

ed or explici

ed or explici

ed or explici

ference with onment for h

liating treatm

sment shall ither individether directlCode.

quest for seange for wo

ory action su

d remarks; or

aphy; or

te place maror

phs of aggric material a

comed physising, gendermanner, likof the bod

res, cartoons

ances, amonwith any ac

it promise of

it threat of de

it threat abou

her work orher; or

ment likely t

also includedually or in ly or by im

5

exual favouork benefits ch as dismis

r

rked for wom

ieved womaand/or circul

ical, verbal r based insu

ke obnoxiousdy, displayins, pamphlets

ng other circct or behavi

f preferential

etrimental tr

ut her presen

r creating an

to affect her

e such unweassociation

mplication w

urs, such asor refusal to

ssal, demotio

man, with th

an without plating the sa

or non-verbults or sexists telephone ng pornogras or sayings

cumstances, ior of sexua

l treatment i

reatment in h

nt or future e

n intimidatin

health or sa

elcome sexun with other which amoun

s seeking seo comply won, difficult

he intent to

permission aame by mea

bal conduct t remarks, un

calls, touchaphic or ots, forcible p

if it occursal harassmen

in her emplo

her employm

employment

ng or offensi

afety.

ually determipersons or

nts to offen

exual favouwith a ‘reque

work condit

commit mis

and convertians of elect

of sexual nanwelcome shing or bruther offensivphysical touc

s or is presnt may amo

oyment, or

ment; or

status; or

ive or hostil

ined behavioby any per

nce defined

urs or est’ is tions;

schief

ing it tronic

ature; exual shing ve or ch or

sent in ount to

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our by son in in the

(4) IF (a

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a Complaintplaints Comm

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ommittee kntructure Leaituted, and h

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Ms ArchanMr VibhavMr MilindMs ShikhaMs NavitaMs. Piali S

erm of the mnomination.

xclusive emato the ICC.

mployees shao talk or disctted to mak

y.

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HARASSED

of incidentsesponse). It

record can in case the C

e harasser th

t as soon amittee forme

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nown as thasing & Fin

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na Hingoranv Kapoord Patela Bagaia YadavSyam

members of

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all address aclose inform

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AINTS COM

l Complainvices Limite

wing member

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siding Officember mber mber mber O

ll not exceed

rson@ilfsind

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alf of the Co

Complaint

ons, possiblve a record oand helps yommediately.

elcome and

rt the abuse

MMITTEE

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Number Number Number Number

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ngs to addremployees

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minimum ofesent.

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Complaint, to as Annexthe ICC mefollowed b

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on the Comsettle the md that mone

ed at, the ICC

nd forward thmendation; an

ress the Com

calendar yeashall have th

l harassmentoff during th

ore than nineawareness p

Employer

f three mem

contained inable laws.

reply of Rxures B, C

embers as mby the Com

mplaint, ICCmatter betweetary settlem

C shall:

he same to tnd

mplaints per

ar and submhe following

t received in he year ety days programmes

mbers of the I

n Annexure

Respondent C and D resmay be necesmplainant an

C may at theen her and

ment shall no

the Employe

rtaining to

mit the same details:

the year

s against

ICC includin

e A subject to

and statemespectively (ssary from tind Responde

he request d the Respoot be made a

er to take act

sexual

to the

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ng the

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ent of (which ime to ent as

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COMPLAIN

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ICC shall haof Civil Properson and eof document

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pies of the and no furth

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UIRY /EX-P

fter giving pright to termComplaint,

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NT BY ICC

liation has hen at the reqICC shall pthe provisionh the Rules

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be completed

8

settlement aher inquiry s

settlement iss as may be

PARTE ORD

prior fifteen minate the i

if the Comerself or himfficer.

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lainant and n opportunity

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him on oath a

into the com

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as recorded shall be cond

s annexed asnecessary fr

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days’ noticinquiry procmplainant o

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d at or the Complainanmake an inrvice rules apunder the Ac

the Respony of being he

made availabt the finding

pondent willvide relevant

are vested inummoning anand requiring

mplaint in ac

eriod of nine

to the Comducted.

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ndent are emeard;

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ENDING IN

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in the Resplainant or wr

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on of the inqu

shall providefrom the da

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to take actprovisionsfollowing

ot be permitage of the pr

NQUIRY BY

an inquiry, mployer to:

plainant or th

Complainanhe leave she

spondent frwriting her

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QUIRY BY

uiry proceed

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exure F whime to time;

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tted to bring roceedings b

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lusion that tend to the Em

ual harassmervice rules luding:

g any legal prbefore the IC

en request m

ent to any oth

riod of three otherwise ent

ing on theal report and

he Employeruch implemen

gs to the Emhe inquiry a

indicative modified by

the allegatioEmployer t

the allegatiomployer :

ent as a miscapplicable t

ractitioner toCC.

made by the

her workplac

months (thistitled); or

e work perd assign the

r shall prompntation to IC

mployer, withand such rep

format of ty the ICC m

on against ththat no actio

on against th

conduct in ato the Resp

o represent t

Complainan

ce; or

s leave shall

rformance e same to a

ptly implemCC.

hin a periodport shall bethe said Re

members as m

he Respondon is require

he Responde

accordance wpondent or,

them in

nt, ICC

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of the another

ment the

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ent has ed to be

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with the in the

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to deduct,Respondenmay consiFor the pushall have

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ithholding o

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emotion to cremental sc

spension

rmination of

ndergoing a c

arrying out co

notwithstannt, from the der appropri

urpose of detregard to

e mental traue Complaina

e loss in thrassment

edical expenychiatric trea

e income and

asibility of su

10

gy

censure

f promotion

or withholdpromotion o

a lower poale

f services

counseling s

ommunity se

nding anythsalary or th

iate to be patermining the

uma, pain, sant

he career op

nses incurreatment

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uch payment

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session

ervice

hing in the she wages of aid to the Coe sums to be

suffering and

pportunity d

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tatus of the R

t in lump sum

page of incre

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service rulesthe Respond

omplainant oe paid to the

d emotional

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Respondent

um or in insta

ement, perfor

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l distress cau

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rmance

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sexual

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(d

(12) A

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APPEAL

a) Any pimplemthe co

b) The apICC.

ACTION BCONCLUSI

The Employeeceipt.

PROTECTIO

Regardless oferson provietaliation. Whe Complain

Respondent. ehaviour fro

In case EmRespondenmay directcase Resprecovery oOfficer.

to take daccordancResponden

e ICC arriveevidence or

e Employer e.

person aggriementation o

ourt or tribun

ppeal shall b

BY EMPLOON OF INQ

er shall act

ON AGAIN

f the outcomiding inform

While dealingnant or the Any unwar

om the Resp

mployer is unt due to hist the Respon

pondent failsof the sum

disciplinary e with the nt.

es at a concproduced anof the witne

eved on accof such recom

nal in accord

be made with

OYER ONQUIRY

on the reco

NST RETAL

me of the Commation or ang with Comwitness(es)rranted presondent again

11

unable to ma being absen

ndent to pay s to pay sucas arrears o

action for provisions

clusion that ny forged oress, to take

ount of recommendationsdance with th

hin a period

N RECOMM

ommendatio

LIATION

mplaint madny witness,

mplaints of seare not vict

ssures, retalnst the Com

ake such dent from dutysuch sums t

ch sums, ICof land reve

sexual harof the ser

during an ir misleadingaction in ac

ommendations by the Emphe Rules fram

d of ninety d

MENDATI

on made by

de in good fa, will be pexual harasstimized or dliatory or a

mplainant wh

eduction fromy or cessationto the Comp

CC may forwenue to the

rassment as rvice rules

nquiry, any g document, ccordance w

ns made by ployer, may med under th

ays of the re

ION MADE

ICC within

aith, the Comrotected frosment, ICC discriminateany other tyhile the inqu

m the salaryn of employmplainant. Furward the orconcerned D

a miscondapplicable

witness hasit may recom

with Clause 1

ICC or due prefer an ap

he Act.

ecommendat

E BY ICC

n sixty days

mplainant andom any formshall ensure

ed against bype of unet

uiry is in pro

y of the ment, it rther, in rder for District

duct in to the

s given mmend 11(c)(i)

to non-ppeal to

tions of

C ON

s of its

d any m of e that y the thical

ogress

shw

(15) M

IfCmCacclacinac

(16) CO

hould be repwill be taken

MALICIOU

f ICC arrivesComplainant misleading dComplainant ccordance wlaim of sexccusation. Mnquiry in acction is reco

ONFIDENT

1. It shall that thwitnessrecommpublishand sha

2. The mekeep thThe ICCComplastrictly this con

3. In any e

a. b.

4. Howevevictim other pwitness

ported by thby ICC agai

US COMPLA

s at a concluhas made t

documents, iin accordan

with Clause 1xual harassmMalicious intccordance wmmended.

TIALITY

be the duty e Complain

ses, any infmendations hed, communall be strictlyembers of thhe investigatiC shall empainant, the Rconfidential

nfidence. event, the IC

Limit the nuAvoid needl

er, informatof sexual ha

particulars cses.

he Complaininst any such

AINT

usion that thethe Complaiit may reconce with the11(c)(i) abovment does ntent on the

with the proc

of all the pent, identity formation rof ICC and

nicated or may confidentiahe ICC and ion and disse

phasize to alRespondent l and that di

CC shall mak

umber of perless disclosu

tion may bearassment walculated to

12

nant to ICC h complaints

e allegation int knowingmmend to t provisions ve. Howevernot constitupart of the

cedure presc

ersons includand addres

relating to d/or action ade known t

al. the Employeminate infol persons inand witnessisciplinary c

ke best effort

rsons who haure of inform

e disseminatwithout disclo lead to the

as soon as s which are f

against the Rg it to be falthe Employof the servir, failure/ in

ute proof ofComplainan

cribed under

ding membesses of theconciliationtaken by t

to public, pr

yer shall use ormation on

nvolved in thses, that the onsequences

ts to

ave access tomation to wit

ted regardinlosing the ne identificat

possible. Difound genuin

Respondent lse or has p

yer, to take ice rules as nability to suf a false annt shall be er the service

ers of ICC in Complaina

n and inquthe Employ

ress and med

best endeava strict "nee

he investigatpolicy is to

s may result

o the aforesatnesses.

ng the justicname, addrestion of the

isciplinary ane.

is maliciousproduced for

action agaiapplicable o

ubstantiate /pnd / or ma

established ae rules, befo

nvolved to enant, Respon

uiry proceedyer shall nodia in any ma

vours to ensed to know" tion, includino keep discut from a bre

aid informati

ce secured tss, identity oComplainan

action

s or the rged or inst the or as in prove a alicious after an ore any

nsure ndent, dings, ot be anner

sure to basis. ng the

ussions ach of

ion.

to any or any nt and

(17) IN If

pe

(18) D

Sco

(19) MO

Tti

5. If any pinquiry Act) cowith thepenalty

NVITEES

f the ICC conersons:

i. to insim

ii. to iii. to

co

Howev

i. beii. dir

poan

DUTIES OF

ubject to theontained in A

ODIFICATIO

The provisionime at the di

person who or any reco

ontravenes the service rul

y from such p

siders it is ne

appear as formation/demilar matterprovide genassist and a

omplaint, wit

ver, it is perti

e binding on threctly or in

owers/obligatind/or the Rule

F THE EMP

e provisionsAnnexure G

ONS TO TH

ns of this Poscretion of a

is entrustedommendationhe aforesaid,es or the Emperson.

ecessary for ac

witnesses details regard

r; or neral guidancadvise the ICthout being a

nent to note t

he members ondirectly or ions and righes framed ther

PLOYER

s of the Act G.

HE POLICY

olicy can bea competent

13

d with the duns or action, then he/she

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chieving the o

during the ding the Com

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oyer is shall

tuted from tihe Employer

mplaint, of the

rdance pees as

l upon

actual other

to the

r the he Act

l be as

ime to r.

1. Thecanrea

2. WhCo

iii

iiiiv

3. Wh

Coi

iiiiiivv

4. Wh

mawri

5. Whof t

6. Theof tof t

e Complaintnnot be madasonable assi

here the Commplaint mayi. Her relatii. Her co-wi. An officev. Any per

Complain

here the Commplaint mayi. Her relatii. A speciali. A qualifiv. The guarv. Any pers

special edunder wh

here the Comay be filed bitten consent

here the Comthe incident,

e Complaintthree monththree month

t should be mde in writingistance to the

mplainant is y be filed byive or friend

worker; er of the Natson who hanant

mplainant is y be filed byive or friendl educator ed psychiatr

rdian or authson who hasducator or a

hose care she

mplainant foby any perst.

mplainant is , with the wr

t of sexual hs from the ds from the d

A

Procedure

made by the, the Presidie Complaina

unable to my: d;

tional Commas knowledg

unable to my: d;

rist or psychohority under ws knowledge a a qualified e is receiving

or any otheron who has

dead, a comritten consen

harassment adate of incideate of last in

14

Annexure A

for filing co

e Complainaning Officer oant to make t

make a compl

mission for Wge of the i

make a comp

ologist whose care sof the incidpsychiatrist

g treatment o

r reason is us knowledge

mplaint may bnt of the lega

at workplace ent and in ca

ncident.

omplaint

nt in writingor any memthe Complai

laint on acco

Women or Stincident wit

plaint on acc

she is receivdent jointly wt or psycholoor care;

unable to me of the inc

be filed by aal heir.

to the ICC ase of a serie

g. In case whmber of the IC

int in writing

ount of her p

tate Women’th the writt

count of her

ving treatmenwith her relaogist or a gu

make a compident, with

any person w

should be fies of inciden

here the ComCC shall reng.

physical inca

’s Commissiten consent

mental inca

nt or care; orative or frien

uardian or au

plaint, a Comthe Compla

who has kno

iled within ants, within a

mplaint nder all

apacity,

ion; of the

apacity,

r nd or a

uthority

mplaint ainant’s

wledge

a period a period

7. HoperCo

8. TheRewittheto I

9. A Cocomannfro

10. Onday

11. Thenamdat

owever, the Iriod not exmplainant fr

e Complainaspondent, detness, what he aforesaid, wICCChairper

Non -Disclmplaint; inmmencing anexed as Anm time to tim

ne of the copys of the rece

e Respondenmes and addte of receipt

ICC may foceeding thrrom filing th

ant shall fileetails of the happened, suwhere possibrson@ilfsind

osure Undencluding thean inquiry. nnexure H, wme.

pies of the Ceipt of the C

nt shall file dresses of wiof the Comp

r reasons reee months,

he Complaint

e six copies incidents (dupporting doble, the Comdia.com

ertaking shae ComplainThe indicat

which may b

Complaint sComplaint.

his reply toitnesses withplaint.

15

ecorded in wif it is sa

t within the

of the Comates, times, l

ocuments, remplainant sho

all be signednant, the Rtive format be modified

hall be sent

o the Complhin a period

writing extenatisfied that said period.

mplaint and slocations, na

esponse of thould also for

d by all inRespondent,

of the Noby the ICC

t to the Resp

laint along wd not exceed

nd the said pcircumstan

should includames and adhe Complainrward a cop

ndividuals cowitnesses

n- Disclosumembers as

pondent wit

with his list ding ten work

period for a nces prevent

de the nameddresses of pnant). In addy of the Com

oncerned w(if any) pr

ure Undertaks may be nec

thin seven w

of documenking days fr

further ted the

e of the possible dition to mplaint

with the rior to king is cessary

working

nts and rom the

Sr. No. 1) 2) 3)

4) 5) 6) 7) 8)

9)

10) 11)

12) 13) 14)

15)

16) 17)

18)

19)

20)

Name of Address aName, adComplainDesignatiImmediatEmployerName of Address aavailable Name, adRespondeDesignatiImmediatknown EmployerDetails oDate and (If more tand timesPlace of i(If more tDetails ofWitnesses(If more twitnessesAny oral (attach coNames anComplainapplicableAny furth

1. I s

Complainanand contact nddress and conant ion of the Cote supervisorr of the ComRespondent

and contact n

ddress and coent, if knownion of the Rete supervisor

r of the Resf the incidentime of incid

than one, kins) incident than one, kinf the incidens to the incidthan one, kins) or written ev

opies of the dnd addressesnant confidede

her relevant dstate that the

A

Format

Query nt number of thontact of nex

omplainantr of the Com

mplainant t number of th

ontact of nexn espondent, ifr of the Resp

pondent, if knt dent ndly mention

ndly mentionnt dent, if anyndly mention

vidence of thdocuments, is of person(sd in about th

details information

Signatur

16

Annexure B

of the Com

he Complainxt of kin of th

mplainant

he Responde

xt of kin of th

f known pondent, if

known

n all the date

n all the plac

n all the

he incident if any) ) who the

he incident, i

n as stated abDate:

re of Compl

mplaint

nant he

ent, if

he

es

ces)

if

bove is true a

ainant

Part

and accurate

ticulars

e

Sr. 123

456789

1

1I stat Date

No. 1) Nam2) Addr3) Nam

next 4) Desig5) Imme6) Empl7) Deta8) Defe9) Any

suppodefen(attacif any

10) WitnResp(If mment

11) Any te that the in

e:

For

Que of Responress and conte, address anof kin gnation ediate supervloyer

ails of the innces of the Roral or writtorting the Rence ch copies of y)

nesses to suppondent’s def

more than onetion all the wfurther detai

nformation a

A

rmat of the R

ery dent tact numbernd contact o

visor

cident Respondentten evidenceespondent’s

the docume

port the fence, if anye, kindly

witnesses) ils

as stated abov

17

Annexure C

Reply of the

f

nts,

y

ve is true an

e Responden

nd accurate

nt

Particulars

Signatu

s

ure of Respoondent

Sr. No.

I. II.

III. IV. V.

VI.

VII. VIII.

IX. X.

XI. XII.

XIII.

XIV. 3

Date

Name of Address aDesignatiImmediatEmployerWitness fRespondeDetails oDate and Place of iCircumstaNumber oReaction ComplainRespondeAny oral incident Any furth

3. I state thathat I shaprivy to aproceedinconfident

e:

Query

witness and contact nion te supervisorr for Complainent f the incidentime of incid

incident(s) ances of occurrencto the incide

nant/ ent or written ev

her details at the informall at all timeand that mayngs. I will notial informat

An

Format of

number

r

nant or

nt dent(s)

ces witnessedent by

vidence of th

mation as states maintain ty be shared wot, either dirtion to any th

18

nnexure D

f Witness st

d

he

ted above isthe confidentwith during trectly or indihird party.

tatement

Pa

true and accntiality of all the course oirectly, make

rticulars

curate.I hereinformationf the inquirye any disclos

Signatu

eby confirm n that I am y sure of any

ure of Witness

[Date] [____] [______] ICC Mem [_] [_] [_] The Comagainst thcopy of t The ICC The Combetween The parti [] The Resphereof.

 

For

]

mbers presen

mplainant hahe Respondethe Complain

has not yet

mplainant hathe Complai

ies have thus

pondent shal

rmat for Set

..

..

nt:

d filed a Coent. The Comnt to the Res

initiated an i

ad 1throughinant and the

s reached a s

ll comply w

Anttlement thr

[On the lett

omplaint datemplaint had spondent wit

inquiry into

her letter e Responden

settlement an

with the afore

19

nnexure E rough the co

terhead of th

Complainan

Respondent

ed [_] with tbeen duly tathin [] days.

this matter.

dated [__] nt.

nd the terms

esaid terms a

onciliation m

he ICC]

nt

t

the ICC in raken on reco

requested th

of which ar

and conditio

mechanism

relation to cord by the IC

he ICC to

re as under:

ons within []

ertain allegaCC and had s

settle the m

] days of the

ations sent a

matter

e date

Sr.

I. II.

III. IV.

V.

VI.

VII.

VIII.

IX. X.

XI.

XII.

XIII.

XIV. XV.

Date

No. Nam Nam Date Whet

withi Docu

by th Docu

by th Whet

conciif yessettle

Any pend

Reas Detai Whet

sexua Detai

abov Actio

Resp Reas Whet

crimistatu

e:

F

Be and other de and other dof complain

ther the inquin 90 days ofumentation/ he Complainaumentation/ he Respondenther the Comiliation and s, the reasoned recommend

ding completons for the riled facts of ther the incidal harassmeniled reasons e on recommenpondent ons for recother the Cominal action as of the sam

An

Format of th

Broad Headsdetails of thedetails of thent uiry has beenf receipt of Coral evidencant oral evidencnt

mplainant reqsettlement o

n why the com

ation for inteion of inquirrecommendathe incidentdent can be tnt under the for the deci

nded against

mmending tmplainant haagainst the Re

20

nnexure F

he Report of

s e Complainae Responden

n concluded Complaint ce relied upo

ce relied upo

quested of the matter mplaint was

erim action ry ation t termed as Act sion in XI

t the

the said actioas filed a

Respondent a

f the ICC

ant nt

on

on

and s not

on

and

Sig

Partic

gnature of th

culars

he ICC Memmbers

T

(

(

(

(

(

(

(

( (

(j (

The Employe

(a) providfrom t

(b) displaharass

(c) formuredressensitiwork e

(d) carry may in

(e) use mworksemplo

(f) carry o

(g) conduICC.

(h) Declar

(i) providan inq

(j) assist

(k) make having

er shall:

de a safe wothe persons c

y at any consments and th

ulate and widssal of sexuive safe spacenvironment

out employenvolve any o

modules devshops and aoyees with th

out orientati

uct capacity

re the names

de necessaryquiry;

in securing t

available sug regard to th

An

Duties

orking envircoming into

nspicuous plahe order con

dely dissemiual harassmece and remot against wom

ees awarenesother body a

veloped byawareness phe provisions

on programm

building an

s and contac

y facilities to

the attendan

uch informahe Complain

21

nnexure G

s of Employ

ronment at contact at th

ace in the wonstituting the

inate an inteent at the w

ove underlyinmen;

ss programms may be con

the State programmes s of the Act

mes and sem

nd skill build

t details of a

o ICC for de

ce of Respon

ation to thent;

yer

the workplahe workplace

orkplace, thee ICC;

ernal policy fworkplace inng factors th

mes and creansidered nec

Governmeat regular

minars for the

ding program

all the Memb

ealing with

ndent and w

ICC from t

ace which se;

e penal cons

for prohibitintended to hat contribut

ate forums focessary

ent to orgaintervals f

e members o

mmes for th

bers of the IC

the Compla

witnesses bef

time to time

hall include

sequences of

ion, preventipromote a

te towards a

for dialogues

anise and cfor sensitizi

of ICC;

he Members

CC.

aint and cond

fore the ICC

e as it may

e safety

f sexual

ion and gender hostile

s which

conduct ing the

s of the

ducting

require

(

(

(

(

(

(

(

(

(l) providto the force;

(m) cause being perpetharass

(n) treat sfor suc

(o) monito

(p) take aand pran act

(q) Includthis Po

(r) Shall r

i.

ii. h

iii. h

p

iv. ht

(s) On oc

fresh n

de assistanceoffence und

to initiate ain force, ag

trator is not sment took p

sexual harasch miscondu

or the timely

ll steps necereventive actor omission

de in its annolicy;

remove any

contravenes

has been colaw for the t

has been foproceeding i

has so abuseto the public

ccurrence ofnomination.

e to the Comder the India

action, undergainst the pe

an employplace;

sment as a muct;

y submission

essary and retion, where

n by any third

nual report n

member/s o

confidential

nvicted for time being in

ound guilty is pending ag

ed his positic interest.

f vacancy / r

22

mplainant if an Penal Co

r the Indian erpetrator, oree, in the w

misconduct

n of reports b

easonable to sexual harasd party or ou

number of ca

f ICC, if the

lity provisio

an offence on force is pen

in any disgainst him; o

ion as to ren

emoval of an

she choosesode or any o

Penal Coder if the Com

workplace at

under the s

by the ICC ;

assist the Cssment occuutsider;

ases filed, if

e member :

ons stated in

or an inquirynding agains

ciplinary pror

nder his cont

ny member

s to file a coother law for

e or any othemplainant so t which the

ervice rules

Complainant urs at a work

f any, and th

the Policy; o

y into an ofst him; or

roceedings o

tinuance in

of ICC, fill

omplaint in rr the time b

er law for thdesires, whincident of

and initiate

in terms of skplace as a re

heir disposa

or

ffence unde

or a discipl

office prejud

in such vaca

relation being in

he time here the f sexual

e action

support esult of

al under

er any

linary

dicial

ancy by

Date: [__ I, [____permanenworking execute tinitiated/Sexual H(“Act”), (“Respon I hereby of the Coproceedinother infnot eitherhowsoevelectronirequired I further Confiden I am awaconsequeapplicabl Signed b [_______

_______]

___________nt residing a

with [___this underta/to be initiateHarassment

2013 byndent”).

agree and iromplainant, ngs, recommformation rer wilfully or

ver cause orcally or in under applic

undertake nntial Informa

are and acknences and ole laws

y

______]

NON

__________address at [____________king in relaed before thof Women

y [_______

rrevocably uRespondent

mendations oelated theretor through anyr induce any

writing anycable laws.

not to publisation in any m

owledge thaother conseq

An

N DISCLOS

_] [s/o][d/______________________ation to the e Internal C

n at Workp__________

undertake that, witnesses, of ICC and o (“Confidey other act, y other persy such Conf

sh, communmanner wha

at in case of bquences in a

23

nnexure H

SURE UNDE

/o] Mr. [__________]_____] as [

complaint fomplaints C

place (Preve_] (“Comp

at I shall keeany informaaction takenential Inforomission or son to sharefidential Inf

nicate or maatsoever.

breach of thiaccordance

ERTAKING

__________(hereinafter

[__________filed/to be fiCommittee (“ention, Prohplainant”)

ep the Compation relatinn by the Emrmation”) st

negligence,e, distribute formation to

ake known t

is Undertakiwith the se

G

_________], r referred to __________

filed or Inq“ICC”) conshibition and

against [

plaint, identng to conciliamployer unde

trictly confi, share, distr

or discloseo any perso

to public, pr

ing, I shall bervices rules

having hias “Recipie

_______] hequiry proceestituted unde

d Redressal)[__________

ity and addration and iner the Act oidential and ribute, discloe either verbon, other tha

ress or medi

be liable for ps and/ or a

is/her nt”) , ereby dings er the ) Act ____]

resses nquiry r any shall

ose or bally, an as

ia the

penal as per