Introduction

Consistent with Organization’s vision, mission and core values of respect and integrity, excellence as well as our commitment to diversity, we seek to create and maintain an organizational environment that is free of discrimination and harassment (including sexual harassment).

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 (“Act, 2013”) is a law that seeks to protect women from sexual harassment at their place of work. Based on this, the Organization has enacted this anti sexual harassment policy with the objective of providing women associated with the Organisation protection against sexual harassment and for the prevention and redressal of complaints of sexual harassment.

Definitions

Aggrieved Woman shall mean a woman of any age whether employed by YSF who alleges to have been subjected to any act of sexual harassment by a person, whether an Employee of YSF or not (“Complainant”).

Employee shall include all employees of YSF covered under the definition of regular, temporary, ad-hoc employees, individuals engaged on daily wage basis, either directly or through an agent, contract labourers, co-workers, probationers, trainees, and apprentices, with or without the knowledge of the principal employer, whether for remuneration or not, working on a voluntary basis or otherwise, whether the terms of employment are express or implied.

Act or behaviour amounting to sexual harassment- An act or behaviour amounts to sexual harassment in the following circumstances:

• Implied or explicit promise of preferential treatment in her employment; or

• Implied or explicit threat of detrimental treatment in her employment; or

• Implied or explicit threat about her present or future employment status; or

• Interference with her work or creating an intimidating or offensive or hostile work environment for her; or

• Humiliating treatment likely to affect her health or safety.

Sexual Harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

• Physical contact and advances; or

• A demand or request for sexual favours; or

• Making sexually coloured remarks; or

• Showing pornography; or

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

Applicability

This Policy covers all Employees, persons who specifically visit YSF premises for meetings, discussions, business deals or for any other purpose for a short duration, Employees travelling in the course of their employment.

Guiding Principles

• YSF is an equal opportunity employer and does not permit discrimination or harassment of any Employee on the ground of sex, pregnancy marital or family status, religion, caste, national origin, disability or any other ground. All Employees must treat their colleagues, visitors and clients with courtesy and respect.

• YSF actively promotes a social, physical and psychological environment that will raise awareness about and deter acts of sexual harassment of women at workplace.

• YSF has made every effort to provide a safe work environment, which includes protection of its Employees from persons outside the company who may come in contact with YSF employees.

• To ensure the implementation of the law against sexual harassment in letter and spirit by undertaking all necessary and reasonable steps including the constitution of appropriate committees for purposes of gender sensitization and to conduct enquiries into complaints of sexual harassment.

• To uphold the commitment of YSF to provide an environment free of discrimination and violence against women.

• YSF shall constitute an Internal Committee (“IC”) in accordance with the provisions of the Act, 2013.

• Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting the IC.

• Organize workshops and awareness programmes at regular intervals for sensitizing the Employees with the provisions of the Act, 2013 and orientation programmes for the members of the IC in the manner as may be prescribed.

• Provide necessary facilities to the IC for dealing with the complaint and conducting an inquiry, if any.

• Assist in securing the attendance of respondent and witnesses before the ICC.

• Make available such information to the IC as it may require having regard to the complaint made.

• Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force.

• 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 woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place.

• Treat sexual harassment as a misconduct under the service rules and initiate appropriate actions for such misconduct.

• Monitor the timely submission of reports by the IC to the appropriate authority.

Procedure

• If any Aggrieved Woman believes that she is being or has been harassed, she should make a written complaint to the IC for initiating an enquiry into the incident/ complaint.

• Unlawful harassment of fellow Employees, including sexual harassment, is a specific misconduct under YSF’s internal policies including this Policy.

• An Aggrieved Woman can make a written complaint to the IC within three (03) months from the date of an incident of sexual harassment and in case of a series of incidents, within a period of three months from the date of the last incident.

• All complaints of sexual harassment will be enquired into by the IC as detailed in “Annexure – A”, attached hereto.

• If the Aggrieved Woman is willing, the IC may, before initiating an inquiry, take steps to settle the matter between her and the person alleged to have sexually harassed her, through conciliation.

• During the course of inquiry, the IC shall give both the parties an opportunity of being heard.

• A copy of the findings of the IC shall be made available to both the parties and they will have an opportunity to make a representation against the findings of the IC.

• Where the Aggrieved Woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heirs can make a complaint on behalf of the Aggrieved Woman.

Other Points For Consideration

• Where the IC finds that the compliant is malicious or false or the complainant has produced any forged or misleading document, disciplinary action will be taken against the Complainant.

• If the IC finds that any witness has given false evidence or produced any forged or misleading document during the enquiry, disciplinary action may be taken against such witness.

• A complaint of sexual harassment will be treated with utmost confidentiality by all the persons involved with the enquiry or having knowledge of the same.

Miscellaneous Terms

This Policy can be modified by YSF at any time without prior consent, provided that the said modification is notified to the Employee within a reasonable.

Annexure-A: Mechanism To Enquire Complaint By IC

• The Internal Committee may, before initiating an inquiry under Section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation provided that 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 employer to take action as specified in the recommendation.

• The Internal Committee shall provide the copies of the settlement as recorded to the aggrieved woman and the respondent.

• In an event, the term or condition of the settlement arrived at has not been complied with by the respondent, the Internal Committee shall proceed to make an inquiry into the complaint.

• For the purpose of making an inquiry, the Internal Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely—

  • summoning and enforcing the attendance of any person and examining him on oath;

  • requiring the discovery and production of documents; and

  • any other matter which may be prescribed.

The inquiry shall be completed by the IC within a period of ninety days.

During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee may recommend to the employer to—

• transfer the aggrieved woman or the respondent to any other workplace; or

• grant leave to the aggrieved woman up to a period of three months; or

• grant such other relief to the aggrieved woman as may be prescribed

On the completion of an inquiry, the Internal Committee shall provide a report of its findings to the employer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties.

Where the Internal Committee arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required to be taken in the matter.

Where the Internal Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer-

to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed;

to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of the Act provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman. In case the respondent fails to pay the sum referred to, the Internal Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.