POLICY FOR SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE: POSH REGULATION

(Prevention, Prohibition, and Redressal) Act, 2013

Every woman deserves a workplace that is free from fear and harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”) came into force on 23 April 2013 by way of publication in the Gazette of India. The Act has been enacted to provide protection to women against sexual harassment at the workplace and to ensure the prevention and redressal of complaints of sexual harassment.

In compliance with the provisions of the POSH Act, 2013, K11 School of Fitness Sciences. (hereinafter referred to as the “Company”) has adopted a Policy Against Sexual Harassment.

The Company is committed to creating and maintaining a healthy, safe, and respectful working environment that enables employees to work without fear of prejudice, gender bias, or sexual harassment. The Company affirms that every employee has the right to be treated with dignity and respect.

Sexual harassment at the workplace, or outside the workplace if arising out of or during the course of employment, is a grave offence and is strictly prohibited by the Company. The Company follows a zero-tolerance approach towards sexual harassment.

In compliance with Section 19 of the POSH Act, 2013 (Duties of the Employer), this Policy has been adopted to prevent, prohibit, and redress sexual harassment at the workplace and to ensure a safe, secure, and dignified working environment for women.

This Policy applies to all employees of the Company and is deemed to be incorporated into the service conditions of all employees. The Policy comes into effect immediately.

APPLICABILITY

The Policy applies to two main groups: employees and external partners.

Employees include permanent, temporary, contractual, and probationary employees, as well as trainees and interns.

External partners cover consultants and any other persons engaged by the Company, whether at the workplace or arising out of and in the course of employment.

For this Policy, “workplace” includes all Company premises, offices, training locations, client sites, work-related travel, transportation provided by the Company, and any place visited by the employee arising out of or during the course of employment.

WHAT IS SEXUAL HARASSMENT?

It includes any one or more of the following unwelcome acts or behaviours, whether directly or by implication:

• Physical contact and advances;
• Making sexually coloured remarks;
• Showing pornography;
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Sexual Harassment Includes, But Is Not Limited To, The Following:

• Conduct of a sexual nature, whether verbal, non-verbal, or physical, such as sexually coloured remarks, jokes, letters, phone calls, emails, messages, gestures, display of pornographic material, stalking, or any conduct that adversely affects the dignity, mental well-being, or work performance of a woman.
• Eve-teasing, innuendos and taunts, physical confinement against one’s will, or conduct likely to intrude upon one’s privacy.
• Any act or conduct by a person in authority that creates a hostile, intimidating, or offensive work environment.
• Any such conduct occurring at the workplace or outside the workplace, provided it arises out of or during the course of employment.
• Any unwelcome gesture, behaviour, or communication having sexual overtones.

INTERNAL COMPLAINTS COMMITTEE (ICC)

The purpose of the Internal Complaints Committee is to provide a structured, impartial process for addressing and resolving sexual harassment complaints. The ICC is your first line of support and investigation. The Company has constituted an Internal Complaints Committee (ICC) in accordance with Section 4 of the POSH Act, 2013, to receive, consider, and redress complaints of sexual harassment. The ICC shall function strictly in accordance with Sections 9 to 13 of the POSH Act, 2013, and shall adhere to the principles of natural justice, fairness, and confidentiality.

Objectives of the Internal Complaints Committee:

• To prevent discrimination and sexual harassment against women by promoting gender sensitivity and gender amity among employees.
• To recommend suitable changes or elaborations in employee policies to ensure gender justice and legal compliance.
• To lay down and follow procedures for the prohibition, resolution, settlement, and prosecution of acts of sexual harassment.
• To deal with complaints in a time-bound and sensitive manner, ensuring appropriate support to the aggrieved woman.
• To recommend appropriate disciplinary action against the guilty party.
• To carry out any other function as mandated under the Act.

COMPLAINT AND INQUIRY PROCESS

An aggrieved woman may file a written sexual harassment complaint with the Internal Complaints Committee within three months of the incident, or of the last incident if repeated.

The complaint shall be submitted in six copies, along with supporting documents and the names and addresses of witnesses, if any. Before a formal inquiry, and at the aggrieved woman’s request, the ICC may attempt conciliation, provided no monetary settlement is involved.

If conciliation is not requested or fails, the ICC shall conduct a formal inquiry and complete it within 90 days of receipt of the complaint, in accordance with the applicable service rules.

Where both the complainant and the respondent are employees, both parties shall be given a reasonable opportunity of being heard. They shall be provided with a copy of the findings to enable them to submit any representations.

The Company shall provide all reasonable assistance to the aggrieved woman in pursuing the complaint. It shall ensure that she is not subjected to victimisation or retaliation as a consequence of filing the complaint.

Any act of retaliation against the aggrieved woman, witnesses, or members of the ICC shall be treated as misconduct and dealt with in accordance with the Company’s applicable service rules.

ACTION ON INQUIRY FINDINGS

The inquiry may result in the following outcomes:

Allegation proved:

Disciplinary action shall be taken as per the Company service rules. In cases of serious offences, the matter shall be reported to the appropriate authorities under the Bhartiya Nyaya Sanhita, 2023 (BNS).

Allegation not proved (without malicious intent):

No action shall be taken against the complainant.

False or malicious complaint:

If found false and malicious, disciplinary action may be taken against the complainant as per service rules.

The ICC shall submit its inquiry report and recommendations to the management within the timelines prescribed under the POSH Act, 2013.

PENAL CONSEQUENCES OF SEXUAL HARASSMENT

Where the allegations against the respondent are proved, the ICC may recommend one or more of the following actions: written apology, warning, reprimand, or censure; withholding of promotion; withholding of pay rise or increments; termination of employment; counselling; or community service.

Sexual harassment is a punishable offence under Section 75 of the Bhartiya Nyaya Sanhita. This has replaced IPC 1860, with effect from 1st July 2024.

CONFIDENTIALITY

Under Section 16 of the Sexual Harassment of Women at Workplace Act, 2013, all details of the complaint, parties involved, proceedings, recommendations, and actions taken are strictly confidential and must not be disclosed in any form.

To reach out to the Internal Complaints Committee (ICC), you may email us at saroj.kewat@deepskyblue-kangaroo-277783.hostingersite.com (Ms Saroj Kewat, Presiding Officer). You can expect a response within 24 hours.