PREVENTION OF SEXUAL HARASSMENT POLICY

1
Contents

CONTEXT ....................................................................................................................................................... 3
OBJECTIVES ................................................................................................................................................... 3
SCOPE AND EFFECTIVE DATE ........................................................................................................................ 3
DEFINITIONS.................................................................................................................................................. 4
INTERNAL COMPLAINT COMMITTEE ............................................................................................................ 5
POWER OF THE INTERNAL COMPLAINT COMMITTEE .................................................................................. 7
PROCEDURE TO REGISTER A COMPLAINT..................................................................................................... 8
INVESTIGATION PROCESSS............................................................................................................................ 9
REDRESSAL .................................................................................................................................................. 10
ROLES AND RESPONSIBILITIES .................................................................................................................... 10
CONFIDENTIALITY ....................................................................................................................................... 12
PROTECTION AGAINST RETALIATION.......................................................................................................... 12
ANNEXURE A: Flowchart for addressing cases of Harassment and Abuse ................................................. 13
ANNEXURE B: List / Format for Reporting Findings .................................................................................... 14
ANNEXURE C: Penal Consequences ............................................................................................................ 15
ANNEXURE D: Annual Report Format ......................................................................................................... 16

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CONTEXT
i. CGCEL (Hereinafter “The Company”) is committed to create an ambience in which all
employees can work together without any apprehension of sexual harassment.
ii. CGCEL believes that all employees, including other persons who have been dealing with
the organization have the right to be treated with respect and dignity. Sexual
Harassment in any form is an offence and is therefore, punishable, as well.
iii. CGCEL is committed to provide a work environment free from Sexual Harassment.
iv. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013, along with Rules, 2013 (hereinafter referred to as “the Act, 2013”)
creates specific obligation on all employers for protection of women employees against
sexual harassment at workplace.

OBJECTIVES
a. No employee shall be subjected to sexual harassment, intimidation or exploitation at the
workplace.
b. All members of the organization, including those who are in temporary or short term
positions will be subject to this policy.
c. Issuing a policy statement defining and to prevent Sexual Harassment and laying down the
procedures for curbing such tendencies and to provide for punishment to and prosecution of
wrong doers.
d. Addressing issues related to Sexual Harassment promptly, confidentially and sensitively.
e. To ensure compliance with the Act, 2013 and the CGCEL Code of Conduct

Prevention of Sexual harassment Policy of CGCEL is committed to providing a place of work

free of sexual harassment, intimidation or exploitation. It is expected that all employees treat
one another and visitors to the organization with respect. All members of the organization,
including those who are in temporary or short term positions will be subject to this policy.
Anyone violating this policy will be subjected to disciplinary action.

SCOPE AND EFFECTIVE DATE

This Policy extends to all employees of CGCEL in India who are either based in India or visiting
India locations from other global CGCEL locations and is deemed to be incorporated in the
service conditions of all employees and comes into effect immediately.

Where sexual harassment occurs to a CGCEL employee as a result of an act by a third party or
outsider while on official duty, CGCEL will take all necessary and reasonable steps to assist the
affected person in terms of support and preventive action.

The Policy is not in derogation of any other legal rights of the affected employees.

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DEFINITIONS
Sexual Harassment
“Sexual Harassment” includes any one or more of the following unwelcome acts* or behavior
(whether directly or by implication) namely;
i. Physical contacts and advances; or
ii. A demand or request for sexual favors; or
iii. Any rumors/talk at workplace with sexually colored remarks; or
iv. Showing/seeing pornography; or
v. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature; or
vi. Any of the following circumstances if they occur in relation to or connected with (i) to (v)
above:
(a) implied or explicit promise of preferential treatment in her employment;
(b) implied or explicit threat of detrimental treatment in her employment;
(c) implied or explicit threat about her present or future employment status;
(d) interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
(e) humiliating treatment likely to affect her health or safety.
vii. Physical and/or verbal or non-verbal or conduct, such as loaded comments, remarks or
jokes, letters, phone calls, SMS or emails, gestures; or
viii. When any employee uses with a sexual purpose, the body or any part of it or any object as
extension of body in relation to another person without his/her consent or against his/her
will, such conduct shall amount to sexual assault; or
ix. Spreading rumors about an employee’s sexual relationship; or
x. Abetment to any or all of the above
*Unwelcome Acts – In determining whether the behaviour or act complained of, is an
unwelcome act / or is sexual harassment, one of the factors to be given due weight shall be the
subjective perception of the complainant.

Employee
Employee would include a person employed at CGCEL for any work on regular, temporary, ad
hoc or daily wage basis, either directly or through a contractor, 3rd Party payroll, 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 are express or implied and
includes a domestic worker, a co-worker, a contract worker, probationer, trainee, apprentice or
by any other name called.

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Workplace
Each of CGCEL’s Units, Offices, factories, establishments in India (irrespective of the number of
female employees engaged) is a ‘workplace’ and it shall mean to include any place where the
employee works or visits during the course of employment and such place being under the
control of the Company, including Hotel, Guest House, etc. where the employee is required to
stay during the course of employment and transportation provided by the employer for
undertaking journey.

Employer
The Corporate Head of Human Resources or any such person as may be appointed by him
shall act as the employer for the purpose of this Policy.

Internal Complaint Committee

Formed by CGCEL for redressal of complaints of sexual harassment in accordance with the
procedure laid down in this policy.

Complainant
A complainant is the person who lodges a complaint.

Respondent
The respondent is the person against whom a complaint has been lodged.

Conciliation
The settlement of the issue after the complainant and respondent have undergone mediation.

Retaliation
Any action taken by a respondent against a complainant or third party to penalize the latter
(complainant and/or third party) for participating in any process related to the pursuit of a sexual
harassment complaint.

Third Party
Third Party means and includes any person not on the rolls of CGCEL but who, in the course of
work related activities, interacts with the Employees of CGCEL.

INTERNAL COMPLAINT COMMITTEE

Establishment of the ‘Internal Complaints Committee’
In accordance with the Act 2013, the Company will form an Internal Complaint Committee (ICC)
at each Unit / Location, which will manage the process of enquiry and redressal of sexual
harassment complaints.

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Composition of Complaints Committee
A minimum 5 to 7 member ‘Internal Complaints Committee’ should be formed at every location,
unit or office.

The composition of the Committee should follow these guidelines:

i. Appoint a Presiding Officer for Internal Complaint Committee who shall be a woman
employed at a senior level at workplace.

ii. Appoint two members from amongst the employees who are committed to the cause of
women or who have had experience in social work or have legal knowledge.

iii. Appoint a member from a non-governmental organisation or association committed to

the cause of women or a person familiar with issues related to sexual harassment.

iv. Ensure that at-least one-half of the total members in the Internal Complaint Committee
are women.

v. A quorum of 3 members is required to be present for the proceedings to take place. The
quorum shall include the Chairperson, at least two members, one of whom shall be a
woman.

vi. A person shall be disqualified from being appointed, elected, nominated or designated
as, or for being continued as, a member of any Complaint Committee if there is any
complaint concerning sexual harassment pending against him/her, or if he/she has been
found guilty of sexual harassment/serious misconduct.

Tenure
 The presiding officer and every other member of Internal Complaint Committee shall
hold office for such period not exceeding 3 years.
 Changes in the constitution of the Internal Complaint Committee, whenever necessary,
shall be made as expeditiously as possible and in any case within 15 days of the date of
vacancy of office by one of the members.

Allowances/Fees
Payment of fees for holding the proceedings and reimbursement of travel cost to the member
appointed from non-governmental organisation or association for holding the proceedings of the
Internal Committee shall be paid as per the agreed terms.

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Facilities to Internal Complaint Committee
 CGCEL to provide facilities to Internal Complaint Committee for dealing with the
complaint and conducting inquiry.
 CGCEL to provide assistance, if any, required by the Internal Complaint Committee to
secure the attendance of respondents and witnesses before the Internal Complaint
Committee.
 CGCEL to make available or provide information to Internal Complaint Committee as it
may require regarding the complaint.

POWER OF THE INTERNAL COMPLAINT COMMITTEE

1. Initiate enquiry procedure
i. Internal Complaint Committee is required to take cognizance of complaint, if the
complaint is made within the period of 3 months from date of incidence or from date of
last incidence.
ii. Initiate steps before commencing inquiry to settle the matter between the complainant
and respondent through conciliation. However, conciliation on the basis of monetary
settlement should not be made.
iii. Provide copies of the settlement recorded to employer, aggrieved woman/complainant
and the respondent to take actions as specified in recommendations.
iv. Internal Complaint Committee shall proceed to make inquiry into the complaint in
accordance with the service rules applicable to the respondent and where no such rule
exist, in the manner prescribed under Rule 7 of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
v. Ensure to complete the inquiry within a period of 90 days.
vi. Provide report on findings within 10 days after the completion of an inquiry to the
employer and parties.
2. The Committee shall have the power to summon witnesses and call for documents or any
information from any employee.
3. If the Committee has reason to believe that an employee is capable of furnishing relevant
documents or information, it may direct such person to produce such documents or
information by serving a notice in writing on that person, summoning the person, or calling
for such documents or information at such place and within such time as may be specified in
the written notice.
4. Where any relevant document or information is recorded or stored by means of a
mechanical, electronic or other device, the Committee shall have the power to direct that the
same be produced, or that a clear reproduction in writing of the same be produced.
5. Upon production of documents / information called for by it, the Committee shall have the
power to (i) make copies of such documents / information or extracts there from; or (ii) retain
such documents / information for such period as may be deemed necessary for purposes of
the proceedings before it.

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6. The Committee shall have the power to issue interim directions to / with regard to any
person participating in the proceedings before it. Further, the Internal Complaints Committee
at the written request of the complainant may recommend to employer to:
i. Transfer the complainant or the respondent to any other workplace during the
pendency of an inquiry or,
ii. Grant leave to the complainant up to a period of 90 days i.e. during the pendency of
an inquiry, or
iii. Restrain the respondent from reporting on the work performance of the complainant
and assign the same to another officer.
7. To seek medical, police and legal intervention with the consent of the complainant.
8. To make arrangements for appropriate legal, psychological / emotional and physical support
for the complainant if he/she so desires.
9. The Internal Complaint Committee shall have the power to recommend the action to be
taken against any person found guilty of (a) sexually harassing the complainant; (b)
retaliating against / victimizing the complainant or any other person before it; and (c) making
false charges of sexual harassment against the respondent.

PROCEDURE TO REGISTER A COMPLAINT

1. It is the obligation of all employees to report sexual harassment experienced by them
personally. A concerned co-worker may also inform of any instance or behavior of sexual
harassment by a co-worker towards another employee.
2. The complainant/concerned co-worker shall give his/her complaint in writing to the Internal
Complaint Committee concerned either by letter or by specific e-mail address provided. It
can be sent to following email id posh.crompton@crompton.co.in giving details of the
incident within a week of its occurrence.
3. The concerned employee may also contact his/her Reporting Manager, HR Manager, or any
other employee. Upon being intimated, the Reporting Manager or the HR Manager or any
other employee shall send an email communication to the Internal Complaints Committee,
providing all the necessary details of the Complaint. The Complainant must be copied on
such emails.
4. The person accused will be informed that a complaint has been filed against him/her and no
unfair acts of retaliation or unethical action will be tolerated.
5. The Committee shall ensure that a fair and just investigation is undertaken immediately.
Both the complainant and the respondent shall be initially questioned separately with a view
to ascertain the veracity of their contentions.
6. The complainant and the respondent shall be informed of the outcome of the investigation.
The investigation shall be completed in not more than 90 days from receipt of the complaint.

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INVESTIGATION PROCESSS
1. Decision by committee to pursue the case
The committee shall, within seven working days from receipt of a complaint, establish a
prima facie case of sexual harassment on the basis of the definition of sexual harassment
as given in this policy. Reasons for not pursuing a complaint must be recorded in the
minutes and made available to the complainant in writing.

2. Statement of Allegation and response of accused to charges

If the Committee decides to pursue the case, the committee shall prepare and hand over the
Statement of Allegation to the person against whom complaint is made and give him/her an
opportunity to submit a written explanation if she / he so desires within 7days of receipt of
the same. A true copy of the complaint is to be forwarded to the respondent.
3. Evidence
i. If the Complainant or the Respondent desires any witness(es) to be called, they shall
communicate in writing to the Committee the names of witness(es) whom they propose
to call.
ii. If the Complainant or the Respondent desires to tender any documents by way of
evidence before the Committee, he / she shall supply original copies of such documents.
Both shall affix his / her signature on the respective documents to certify these to be
original copies.
iii. The goal of an investigation is to find facts which will, for the most part, be obtained by
interviewing the complainant, the respondent and other witnesses as deemed relevant
by the Committee. The facts should establish the time, sequence and nature of
occurrence of any act and/or incident.
iv. Discussions can be conducted with the complainant, victim and respondent, as required.

4. Submission of Report
i. The Committee shall complete the investigation within reasonable period but not beyond
90 days of the receipt of the complaint.
ii. The final decision shall be communicated to the complainant and the respondent.
Format of the report is provided in Annexure B.
iii. Internal Complaint Committee shall submit Annual Report (refer to the Annexure D for
the format) to the employer and the District Officer in each calendar year. The Annual
Report will mention the number of complaints of sexual harassment received (only
applies to cases where the complainant is a woman) in the year, number of complaints
disposed off during the year, number of cases pending for more than 90 days, number of
workshops or awareness programme against sexual harassment carried out, nature of
action taken by the employer.

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5. Documentation
The Committee shall keep complete and accurate documentation of the complaint, its
investigation and the resolution thereof. All records will be retained for at least as long as
the complainant and/or the respondent, are employees of CGCEL. Copy of the records will
be kept in a confidential and secured location in the Head of Human Resources office and
shall only made available to appropriate CGCEL officials, or other authorized individuals as
determined by law.

REDRESSAL
Possible Disciplinary Actions as an outcome of Inquiry
i. Where allegations are not proved, the Internal Complaint Committee shall recommend the
Employer that no action is required.
ii. Where the allegations are proved, or allegations found to be false, malicious, or alleged
document found to be forged/false evidence or misleading the Internal Committee may
recommend the Employer to:
a) Take action including demanding written apology, issue warning, reprimand or censure,
withholding of promotion, withholding or pay rise or increments, terminating the
respondent from service or undergoing a counseling session or carrying out community
service, or
b) Deduct 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 heir, or
c) Take actions in accordance with service rules which treat sexual harassment as a
‘misconduct’.
d) Provided that a mere inability to substantiate a complaint or provide adequate proof
need not attract action against the complainant.

ROLES AND RESPONSIBILITIES

Employees
Are encouraged to familiarize themselves with the key elements of the policy and should:
a. Abstain from committing any acts which amount to sexual harassment at the workplace.
b. Report incidents of sexual harassment without fear or favor.
c. Create an environment of conduciveness for co-workers to work together without fear of
harassment.
d. Get clarifications from HR whenever in doubt.

HOD’s and Managers

a. Provide appropriate working conditions in respect of work, leisure, health and ensure
there is no hostile environment in the work place.
b. Provide appropriate lighting and safety in factory, corridors and other office spaces
where employees move about in the course of their working.
c. Report any complaint or grievance immediately to the concerned authorities.

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 d. Ensure there is no retaliation or retribution happening at the workplace where the
supposed action is to have taken place.
e. Implement the disciplinary action along with HR.
f. Ensure that issues pertaining to sexual harassment are discussed periodically during the
meetings. During such meetings, relevant details such as the brief outline of this Policy,
the details of the members of the Complaints Committee shall also be discussed.

HUMAN RESOURCES Department

a. Take necessary preventive action of so as to evade any instances of sexual harassment.
i. Gender sensitization workshops
Although CGCEL is an organization with socially aware and sensitive individuals
associated with it, there is a need to conduct gender sensitization workshops for
employees at all levels as well as for third party individuals/groups. These
workshops will aim at eliminating any gender biases of individuals, making them
more gender sensitive.
ii. Workshops on Sexual Harassment at the workplace
Such workshops will be conducted to induct staff and third parties about issues
of Sexual harassment at the workplace, the Act 2013 as well as about the
organizational policy on sexual harassment at the work place.
iii. Information on appointment
It will be made mandatory to include a feature on the existing CGCEL policy on
sexual harassment at the workplace and its scope in the appointment letter of
new employees. An induction will be provided to the new appointee with regard
to the policy.
iv. To organize workshops, awareness programmes, seminars, capacity
building/skill building programmes and orientation programmes at regular
reasonable intervals for the members of Internal Complaints Committee.

b. To display the penal consequences of sexual harassment (refer to the Annexure C) at

a conspicuous place of the workplace and the order constituting the internal committee
and also to declare the names and contact details of all the members of the internal
committee.
c. Any act of sexual harassment to be notified as misconduct under the Standing Orders of
the company.
d. Provide sufficient security at all entry as well as exit points and in cases where women
employees are transported to and from the work place working in late shift hours.
e. Provide appropriate medical and separate rest room facilities for female employees.
f. Clarify to employees on any queries related to this policy wherever required.
g. Maintain records of all the Sexual Harassment cases and findings.
h. Recommend actions to be taken along with Complaints Committee.

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 i. Ensure appropriate training is provided to members of the Complaints Committee (s)
including training on gender sensitivities.
j. Form the Internal Complaints Committee at various offices/units and hold periodic
meetings with them.

CONFIDENTIALITY
Prohibition of publication or making known contents of complaint or enquiry proceedings -
i. The contents of the complaint, the identity and address of the aggrieved woman,
respondent and witnesses, any information relating to conciliation and enquiry
proceedings, recommendations of the Internal Committee and the actions taken by the
employer shall not be published, communicated or made known to the public, press and
media in any manner.

ii. Where any person entrusted with the duty to handle the Complaint, inquiry,
recommendation or action to be taken discloses the information to the public, press and
media in any manner, the employer shall take action as per Service Rules, or the
employer shall recover a sum of Rs.5,000/- (five thousand only) as penalty from such
person.

PROTECTION AGAINST RETALIATION

Regardless of the outcome of the complaint made in good faith, the employee lodging the
complaint and any person providing information or any witness, will be protected from any form
of retaliation. While dealing with complaints of sexual harassment, the Committee shall ensure
that the Complainant or the witness are not victimized or discriminated against by the accused.
Any unwarranted pressures, retaliatory or any other type of unethical behavior from the
respondent against the complainant while the investigation is in progress should be reported by
the complainant to the Committee as soon as possible. Disciplinary action will be taken by the
Committee against any such complaints which are found genuine.

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 ANNEXURE A: Flowchart for addressing cases of Harassment and
Abuse
Report Sexual Harassment by sending an email to
posh.crompton@crompton.co.in and/or
intimating concerned ICC

Person alleged as accused will be informed that a complaint has been filed
against him/her

Committee prepares prima facie case within 7

working days of receiving complaint and
decide whether to pursue the case

90 Days Preparation of statement of allegation and

Decision to not pursue the case
handover to respondent (accused). Allow seven
with reasons to be sent to the
days to submit written explanation
complainant in writing.

Complainant and respondent can communicate to

the Committee if they desire to call upon witness
(es) or tender any documents as evidence

Committee investigates the case by the

complainant, the respondent and other witnesses

Committee completes investigation and

recommends action to Employer.

Submit report for filing – for CEO’s office and for

Annual Report.

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 ANNEXURE B: List / Format for Reporting Findings

Sr. No Item

1 DATE OF RECEIPT OF COMPLAINT

NAME / CONTACT DETAILS OF

2
COMPLAINANT / VICTIM(S)

3 DATE / LOCATION OF INCIDENT

BRIEF DESCRIPTION OF COMPLAINT

4 (CAN ENCLOSE THE COMPLAINT
DOCUMENT)

NAME / CONTACT DETAILS OF

5
RESPONDENT(S)

INVESTIGATION COMMITTEE
6
MEMBER(S)

DATE(S) OF INVESTIGATION – ENTER

7
BEGINNING AND CLOSE DATES

1. STATEMENT FROM COMPLAINANT

2. STATEMENT FROM WITNESSES, IF ANY
DOCUMENTS REFERRED / VERIFIED /
8 3. STATEMENT FROM RESPONDENT(S)
COLLECTED / ENCLOSED
4. ANY OTHER CIRCUMSTANTIAL
EVIDENCE
ANALYSIS / OBSERVATIONS OF
9
COMMITTEE

10 CONCLUSION

11 RECOMMENDATION OF COMMITTEE

Place and Date:

Name / Designation and Signature of

Committee Members

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ANNEXURE C: Penal Consequences
PENAL CONSEQUENCES OF SEXUAL HARASSMENTS

(As per Section 19(b) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013)

The employee, against whom the allegation of sexual harassment is proved, becomes liable
for any of the following actions:
 Demand for a written letter of apology;
 Warning letter / memo, reprimand or censure;
 Withdrawal / withholding of promotion;
 Withdrawing the pay rise or increment;
 Termination from Company’s services;
 Undergoing counseling session(s);
 Carrying out Community Service;
 Any other action as per the Company’s Service Rules or as the Management may deem
appropriate.

Note: To be displayed at a conspicuous place at the workplace

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ANNEXURE D: Annual Report Format
Date: __________

By Hand Delivery / Registered Post AD

1. To,
The District Officer *

___________________________,

___________________________,

___________________________.

2. To,
The Employer,
CGCEL Ltd.,
___________________________,
___________________________.

Sub.: Submission of Annual Report for the calendar year ended 31st December, 20xx

Dear Sir / Madam,

Be pleased to find enclosed the Annual Report u/s 21 of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013, pertaining to the ___________
Unit of M/s. CGCEL Limited for the calendar year 20xx for your information and record.

Thank you.

Yours faithfully,

MS. ________________________________

Chairperson, Internal Compliant Committee

_______________________________ Unit

CGCEL Limited

Enclosed: Annual Report for calendar year 20xx

* District Magistrate / Additional District Magistrate / Collector / Deputy Collector as notified by

the appropriate Government as District Officer for every District.

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Annual Report of the Internal Complaints Committee in respect of Complaints received /
redressed during the calendar year 20xx

(Under section 21 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition &
Redressal) Act, 2013 and Rules framed there-under)

1. To,
The District Officer *

___________________________,

___________________________,

___________________________.

2. To,
The Employer,
CGCEL Ltd.,
___________________________,
___________________________.

Subject: Annual Report for the calendar year ended 31st December, 20xx

Dear Sir / Madam,

During the calendar year 20xx, the _____________________ Unit of M/s CGCEL Limited have
the following details to report:

(a) No. of complaints of sexual harassment received in the year : ________________

(b) Complaints disposed off during the year : ________________
(c) No. of cases pending for more than 90 days : ________________
(d) No. of workshops / awareness programmes carried out : ________________
(e) Nature of action taken by Employer / District Officer : ________________
Yours faithfully,

MS. ________________________________

Chairperson, Internal Compliant Committee

_______________________________ Unit

CGCEL Limited

* District Magistrate / Additional District Magistrate / Collector / Deputy Collector as notified by

the appropriate Government as District Officer for every District.

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Internal Complaints Committee

Sr. No. Units Gender Members

1 Presiding Officer Female Mitali Basu
2 NGO Member Male Vishal Bhasin
3 Head Office Female Pragya Kaul
4 Male Jaideep Patil
5 Female Mamta Kamat
6 Southern Female Ananda Shalini
7 Region Male Koteshwar Prasad
8 Female Irene Dsouza
Western Region
9 Male Nitin Bhatt
10 Male Saikat Bhattacharjee
Eastern Region
11 Female Samista Jena
12 Northern Female Neha Sehgal
13 Region(Delhi) Female Prerna Saxenna
14 Male Rajshekar Palur
Lighting-Baddi Northern Region
15 Male Prabhat Lugun
16 Male Amit Srivastava
Fans-Baddi
17 Male Sandeep Garg
18 Female Surekha Pant
Fans -Kundaim
19 Male Jeevan Kumbhar
Goa
20 Female Swati Das
Fans-Bethora
21 Male Pratap Malik
22 Pumps Ahmednagar Male Meher Damania
23 Female Heena Rai
Lighting-Baroda Baroda
24 Male Ketan Desai

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