ROCKPECKER PRIVATE LIM

POLICY ON PREVENTION, PROHIBITION AND REDRESSAL OF

SEXUAL HARASSMENT AT THE WORKPLACE (POSH)

Ruhi Bakshi

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Table of Contents
1. INTRODUCTION AND
OBJECTIVE..........................................................................3

2. SCOPE AND
COVERAGE ......................................................................................3

3.
DEFINITIONS .................................................................................................
..... 4

4. INTERNAL COMPLAINTS
COMMITTEE ...................................................................6

5.
GUIDELINES ..................................................................................................
......8

6.
PROCESS ......................................................................................................
..... 10

7. ROLES &
RESPONSIBILITIES ................................................................................ 16

8.
EXCEPTIONS .................................................................................................
......21

9.
AMENDMENTS ..............................................................................................
...... 21 ANNEXURE
1 ...........................................................................................................22
ANNEXURE
2 ...........................................................................................................25

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1. INTRODUCTION AND OBJECTIVE
The Rockpecker strives to create and maintain a healthy, safe and
productive work environment, free from discrimination and
harassment. As laid out in the Rockpecker Code of Conduct
(“RCOC”), every Group Company strives to provide equal opportunity
and a harassment free workplace to all employees without regard to
race, caste, religion, colour, ancestry, marital status, gender, sexual
orientation, age, nationality, ethnic origin or disability. Rockpecker
Private Limited (the “Company”) is therefore committed to creating a
safe and conducive work environment that enables employees to work
without fear of prejudice, gender bias and sexual harassment.
Accordingly, this Policy has been framed with the intention of
preventing Sexual Harassment at workplace, that includes
prohibition and redressal of sexual harassment should it occur.
At the Rockpecker group, all employees are expected to uphold the
highest standards of ethical conduct at the workplace and in all their
interactions with business stakeholders. This means that employees
have a responsibility to
• Treat each other with dignity and respect

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 • Follow the letter and spirit of law
• Refrain from any unwelcome behaviour that has sexual
connotation (of sexual nature)
• Refrain from creating hostile atmosphere at workplace via sexual
harassment
• Report sexual harassment experienced and/or witnessed to
appropriate authorities and abide by the complaint handling
procedure of the company.

2. SCOPE AND COVERAGE

This policy is applicable to all Employees of the Company in India.
Local country laws will take precedence over this policy, in other
geographies, if applicable.

3. This policy considers the definition of Right to life, under the Constitution of
India. It means right to life with dignity and the fundamental right to carry
on any occupation, trade or profession, which depends on the availability of
a "safe" working environment where employees feel secure and truly
believe that their dignity is maintained. This policy takes complete
cognizance of the latest legislation by the Government of India “The Sexual
Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013
and its rules notification published on 9th December 2013. This Act is to
provide protection against sexual harassment of women at workplace and
for the prevention and redressal of complaints of sexual harassment and
for the matters connected herewith or incidental thereto.

DEFINITIONS
Sexual Harassment

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 Sexual Harassment may include any of the following but not limited
to:
• Unwelcome sexual advances involving verbal, non-verbal, or
physical conduct,
implicit or explicit
• Physical contact and advances.
• Demand or request for sexual favours.
• Sexually coloured remarks, including but not limited to vulgar /
indecent jokes, letters, phone calls, text messages, e-mails,
gestures etc.
• Showing pornography or the likes
• Any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.
• Physical contact and advances such as touching, stalking, sounds
which have explicit and /or implicit sexual connotation/overtones,
molestation
• Display of pictures, signs etc. with sexual nature/ connotation/
overtones in the work area and work-related areas

• Verbal or non-verbal communication which offends the individual’s

sensibilities and affect her/his performance and has sexual
connotation/ overtone/ nature
• Teasing, innuendos and taunts, physical confinement and /or
touching against one’s will and likely to intrude upon one’s privacy
The following circumstances, among other circumstances, if it occurs
or is present in relation to or connected with any act or behaviour of
sexual harassment may amount to sexual harassment
o Implied or explicit promise of preferential treatment in the
employment
o Implied or explicit threat or detrimental treatment in the
employment

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 o Implied or explicit threat about the present or future employment
status
o Interference with the work or creating an intimidating or offensive
or hostile work environment
o Humiliating treatment likely to affect health or safety

An alleged act of Sexual Harassment committed during or outside of

office hours falls under the purview of this policy

Aggrieved Individual

An Aggrieved Individual, in relation to a workplace, is a person, of

any age, whether an Employee or not, who alleges to have been
subjected to any act of Sexual Harassment.

Complainant

A Complainant is any Aggrieved Individual (if the Aggrieved

Individual is unable to make a complaint on account of his/her
physical or mental incapacity or death or otherwise) who makes a
complaint alleging Sexual Harassment under this Policy.

Employee
An Employee means a person employed with the Company for any
work on permanent, temporary, part time, ad hoc or daily wage
basis, either directly or through an agent, including a contractor,
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 co-worker, a contract worker, probationer, trainee,
apprentice or called by any other such name.

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 Respondent
A Respondent means the person against whom the Complainant has
made a complaint.
Special Educator
A Special Educator means a person trained in communication with
people with special needs in a way that addresses their individual
differences and needs. Workplace
• Premises, locations, establishments, enterprises, institutions,
offices, branches or units established, owned, controlled by the
Company.
• Places visited by the Employee arising out of or during
employment including transportation provided by the employer for
undertaking such journey.

4. INTERNAL COMPLAINTS COMMITTEE (Now

known as INTERNAL COMMTTEE)
Internal Complaints Committee Composition
i) The Company has constituted an Internal Complaints Committee (ICC) –

known as the POSH Committee consisting of the following:

Presiding Officer -

Other Members -
-

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 -
External Member -
ii) The Presiding Officer and every member of the ICC shall hold office for a
period not exceeding three years, from the date of their nomination.

iii) A member of the ICC may resign at any time by tendering his
resignation in writing to the Company.

Removal or Replacement of ICC member or Presiding

Officer
In the event that the Presiding Officer and / or any member of the ICC:

• contravenes any provisions of the Policy; or

• has been convicted for an offence or an inquiry into an offence under

any law for the time being in force is pending against him / her; or

• has been found guilty in any disciplinary proceedings or a disciplinary

proceeding is pending against him / her; or

• has so abused his / her position as to render his / her continuance in

office prejudicial to public interest, such Presiding Officer or member as
the case may be, shall be removed from the ICC. Any vacancy created due
to cessation of employment, resignation, death, disability or removal, as
applicable, shall be filled by a fresh nomination by the Company in
accordance with the appropriate guidelines.

4. GUIDELINES
• The contents of the complaint made, the identity and addresses of
the Complainant, Respondent and witnesses, any information relating

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 to conciliation and inquiry proceedings, recommendations of the ICC
and the action taken on the Respondent shall not be published,
communicated or made known to the public, press and media in any
manner. If the same is violated, the Company shall recover a sum of
Rupees five thousand as penalty from such person or take action as per
the provisions of the service rules.

• However, information may be disseminated regarding the justice

secured to any victim without disclosing the name, address, identity or
any other particulars calculated to lead to the identification of the
Complainant and witnesses.

• The Presiding Officer or any member of the ICC shall render all
reasonable assistance to the Complainant for making the complaint in
writing.

• The ICC may consider various factors as required under the law for
the purpose of determining the sums to be paid to the Aggrieved
Individual.

• In case a witness has given false evidence or produced any forged or

misleading document during the inquiry, action may be taken against
the said witness in accordance with the provisions of the service rules
applicable.

• The ICC shall ensure that the principles of natural justice are adhered
to in relation to the conduct of hearings upon a Complaint and both the
Complainant and the Respondent are provided with a fair opportunity
to make their submissions.

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 • The contents of the report of ICC shall be kept confidential by ICC and
the Company.
• Any refusal by any Employee of the Company to attend any hearing
before the ICC when summoned or to provide to the ICC, any
documents and / or information within his / her power or possession
shall constitute a misconduct under the Company’s service rules,
rendering such Employee for adverse action by the Company. Non-
Retaliation The company will not accept, support or tolerate retaliation
in any form against any employee who, acting in good faith, reports
suspected misconduct, asks questions or raises concerns. Any person
who engages in such retaliation directly or indirectly, or encourages
others to do so, may be subject to appropriate disciplinary action.

▪ Retaliation will be treated as a major misconduct.

▪ Retaliation against those reporting sexual harassment is prohibited

by this policy.

▪ Retaliation means and includes any hurtful employment action

against an individual/s.

▪ Anyone suspecting or experiencing retaliation should report to the

appropriate authorities.

▪ Anyone feeling that a retaliation complaint did not get a prompt

response can contact Group Chief Ethics Officer directly.

▪ Retaliation cases are treated as seriously as an alleged case of sexual

harassment even if the original harassment complaint is not proven.

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5. PROCESS
Complaint of Sexual Harassment

i) A Complainant can make, in writing, a complaint of Sexual

Harassment to the Internal Complaints Committee (ICC), within a

period of three months from the date of incident and in case of a

series of incidents, within a period of three months from the date

of last incident. The ICC may, for the reasons to be recorded in

writing, extend the time limit not exceeding three months, if it is

satisfied that the circumstances were such which prevented the

Complainant from filing a complaint within the said period. ii) If

the Aggrieved Individual is unable to make a complaint on

account of his/her physical incapacity, a complaint may be filed

by:

▪ his/her relative or friend; or

▪ his/her co-worker; or

▪ an officer of the National Commission for Women or State

Women’s Commission; or

▪ any person who has knowledge of the incident, with the written

consent of the Aggrieved Individual

iii) If the Aggrieved Individual is unable to make a complaint on

account of his/her mental incapacity, a complaint may be filed

by: ▪ his/her relative or friend; or ▪ a special educator; or ▪ a

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 qualified psychiatrist or psychologist; or ▪ the guardian or

authority under whose care he/she is receiving treatment or care;

or ▪ any person who has knowledge of the incident jointly with

the Aggrieved Individual’s relative or friend or a special educator

or qualified psychiatrist or psychologist, or guardian or authority

under whose care he/she is receiving treatment or care

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