Policy for Prevention of Sexual Harassment (POSH) of Women at Workplace
The Policy Statement:
Archian Foods Private Limited is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work including sexual harassment. Archian Foods Private Limited will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment. All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint.
Definition of Sexual Harassment:
Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person's employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.
Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples include, but are not limited to:
Physical Conduct:
- Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
- Physical violence, including sexual assault
- Physical contact, e.g. touching, pinching
- The use of job-related threats or rewards to solicit sexual favors
Verbal Conduct:
- Comments on a worker's appearance, age, private life, etc.
- Sexual comments, stories and jokes
- Sexual advances
- Repeated and unwanted social invitations for dates or physical intimacy
- Insults based on the sex of the worker
- Condescending or paternalistic remarks
- Sending sexually explicit messages (by phone or by email)
Non-verbal Conduct:
- Display of sexually explicit or suggestive material
- Sexually-suggestive gestures
- Whistling
- Leering
Complaints Procedures:
Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. Archian Foods Private Limited recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser.
If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated staff members responsible for receiving complaints of sexual harassment. This person could be another supervisor, a member of the human resources department, etc.
- Immediately record the dates, times and facts of the incident(s)
- Ascertain the views of the victim as to what outcome he/she wants
- Ensure that the victim understands the company's procedures for dealing with the complaint
- Discuss and agree the next steps: either informal or formal complaint
- Keep a confidential record of all discussions
- Respect the choice of the victim
- Ensure that the victim knows that they can lodge the complaint outside of the company
Throughout the complaints procedure, a victim is entitled to be helped by a counselor within the company. Archian Foods Private Limited will nominate a number of counselors and provide them with special training to enable them to assist victims of sexual harassment.
Informal Complaints Mechanism:
- Give an opportunity to the alleged harasser to respond to the complaint
- Ensure that the alleged harasser understands the complaints mechanism
- Facilitate discussion between both parties or refer the matter to a designated mediator
- Ensure a confidential record is kept
- Follow up to ensure behavior has stopped
- Resolve the issue speedily and within 10 days
Formal Complaints Mechanism:
- Escalate the complaint to a senior HR manager
- Investigator may be internal, external, or a committee
- Interview the victim, alleged harasser, and other third parties separately
- Determine if harassment took place
- Recommend appropriate remedy (apology, training, changes to work, dismissal, etc.)
- Follow up on implementation and satisfaction
- Maintain confidentiality of records
- Resolve within 10 days
Outside Complaints Mechanism:
A person who has been subject to sexual harassment can also make a complaint outside of the company. They can do so through applicable legal mechanisms (e.g., employment tribunal, ombudsperson, etc.).
Sanctions and Disciplinary Measures:
- Verbal or written warning
- Adverse performance evaluation
- Reduction in wages
- Transfer
- Demotion
- Suspension
- Dismissal
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in immediate dismissal.
Implementation of This Policy:
This policy will be widely disseminated and included in the staff handbook. All new employees will be trained on its content during onboarding. Annual refresher training will also be conducted.
