POLICY ON PREVENTION OF SEXUAL HARASSMENT OF WOMEN (POSH) IN GRCL

Sexual harassment at the workplace results in violation of the fundamental rights of a woman:

• to equality under Articles 14 and 15 of the Constitution of India
• to life and to live with dignity under article 21 of the Constitution
• to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment.

Protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on 25 June 1993 by the Government of India.

The Gayatri Rubbers and Chemicals Limited is an equal employment opportunity company and is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and in a harassment free workplace to all employees without regard to race, caste, religion, colour, ancestry, marital status, gender, age, nationality, ethnic origin or disability. The Company also believes that all employees of the Company have the right to be treated with dignity. Sexual harassment at the workplace or other than workplace if involving an employee or employees is a grave offence and is therefore, punishable.

This version of the policy is effective from 8^thJuly, 2022 and supersedes all prior policies and communication on this matter.

Introduction

At GRCL, 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

• Follow the letter and spirit of law

• Refrain from any unwelcome behavior 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.

This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and rules framed thereunder (hereinafter “the Act”). Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail. If any aspect relating to sexual harassment not explicitly covered in this policy is provided for by the law, then the law will be applicable. In case of any conflict between the policy and the law, the law will prevail.

This policy provides protection against sexual harassment of women at workplace and the prevention and redressal of complaints of sexual harassment and matters related to it.

Scope

This Policy extends to all employees of the Company and is deemed to be incorporated in the service conditions of all employees of the Company in India. Local country laws will take precedence over this policy, in other geographies, if applicable.

Definitions

Sexual harassment may occur not only where a person uses sexual behavior to control, influence or affect the career, salary or job of another person, but also between co-workers. It may also occur between an employee and someone that employee dealswithin the course of his/her work who is not employed by the Company. “Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication), but not limited t

1]Any unwelcome sexually determined behavior, or pattern of conduct, that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely:

• Unwelcome sexual advances involving verbal, non-verbal, or physical conduct, implicit or explicit
• Physical contact and advances including (but not limited to) touching, stalking, sounds which have explicit and /or implicit sexual connotation/overtones, molestation.
• Teasing, Voyeurism, innuendos and taunts with implicit sexual connotation, physical confinement and /or touching against one’s will
• Demand or request for sexual favors
• Sexually colored remarks or remarks of a sexual nature about a person’s clothing or body
• Display of pictures, signs etc. with sexual nature/ connotation/ overtones in the work area and work-related areas
• Showing pornography, making or posting vulgar / indecent / sexual pranks, teasing, jokes, demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS, gestures etc.
• Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interestagainst a person’s wishes.
• Giving gifts or leaving objects that are sexually suggestive.
• Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likelyto intrude upon one’s privacy; Persistent watching, following, contacting of a person;
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

2.The following circumstances if it occurs or is present in relation to any sexually determined act or behavior amount to sexual harassment:

• Implied or explicit promise of preferential treatment in employment;
• Implied or explicit threat of detrimental treatment in employment;
• Implied or explicit threat about the present or future employment status;
• Interference with the person’s work or creating an intimidating or offensive or hostile workenvironment; or
• Humiliating treatment is 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. Further, it is important to note that whether harassment has occurred or not does not depend on the intention of the people but on the experience of the aggrieved woman.

• Aggrieved woman: In relation to a workplace, a woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.
• Complainant: Any aggrieved woman who makes a complaint alleging sexual harassment under this policy.
• Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved woman under this policy.
• Employee: A person employed at the workplace, for any work on regular, temporary, 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 coworker, a contract worker, probationer, trainee, apprentice or called by any other such name.
• 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, subsidiaries which are controlled by the Company.
• Places visited by the Employee arising out of or during the course of employment including official events, accommodation and transportation provided by the employer for undertaking a journey.
• Employer: A person responsible for management, supervision and control of the workplace.

Roles and Responsibilities

It is the responsibility of all to respect the rights of others and to never encourage harassment. It can be done by:

• Refusing to participate in any activity which constitutes harassment
• Supporting the person to reject unwelcome behavior
• Acting as a witness if the person being harassed decides to lodge a complaint

Redressal Mechanism – Formal Intervention

In compliance with the Act, any complaint under this policy shall be followed by a formal redressal mechanism as described in this Policy.

InternalComplaintsCommittee(Henceforthknownas‘committee’)

To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same,an “Internal Complaints Committee” is constituted at each location. The detail of the committee is notified to allcoveredpersonsatthe location (workplace).

Thecommitteeateachlocationcomprises

• PresidingOfficer:Awomanemployedataseniorlevel intheorganizationorworkplace
• Atleast2members fromamongstemployees,committedtothecauseofwomenandorhaving legal Knowledge.
• Oneexternalmember,familiarwiththeissues relatingtosexualharassment
• Atleastonehalf ofthetotalmembers iswomen
• Thecommitteeis responsiblefor:
• Receivingcomplaintsof sexualharassmentattheworkplace
• Initiatingandconductinginquiryas pertheestablishedprocedure
• Submittingfindingsandrecommendationsofinquiries
• Coordinatingwiththeemployerinimplementingappropriateaction
• Maintainingstrictconfidentialitythroughouttheprocess as perestablishedguidelines
• Submittingannual reportsintheprescribedformat

Current nominated members of the committees are given in Annexure A.

Lodginga Complaint

Thecomplainantneedstosubmitadetailedcomplaint,alongwithanydocumentaryevidenceavailableornamesofwitnesses,to anyofthe committeemembersattheworkplace.

The complaint must be lodged within 3 months from the date of incident/ last incident. The Committee can extend thetimeline by another 3 months for reasons recorded in writing, if satisfied that these reasons prevented the lodging ofthe complaint.

Providedthatwheresuchacomplaintcannotbemadeinwriting,thePresidingOfficeroranyMemberoftheInternalComplaintCommitteeshallrenderall reasonable assistancetothe womenformakingthecomplaintin writing.

If the aggrieved woman is unable to lodge the complaint in account of her incapacity, the following may do so on herbehalf,withherwrittenconsent.

• Legal heir,relativeorfriend
• Co-worker
• Anypersonhavingtheknowledgeoftheincident

Iftheinitialcomplaintismadetoapersonotherthanacommitteemember,uponreceivingsuchacomplaint,itwillbetheresponsibilityofthecomplaintreceiverto reportthesame to the committeeimmediately.

Wherever possible GRCLensures that all the complaints of harassment are dealt with speedily, discreetly, and as closeas possible to the pointoforigin.

ReceivingaComplaint(guidelines)

Dealingwithincidentsofharassmentisnotlikeanyothertypeofdispute.Complainantsmaybeembarrassedanddistressed,and itrequirestactanddiscretion while receiving the complaint.

Thefollowingpoints are keptinmindbythereceiver ofthe complaint:

• Complaints are listened to and the complainant informed that the Company takes the concerns seriously.The complainantis informed that these concerns will be reported to the appropriate committee and follow-up will bedone speedily.

• Situationsare not pre-judged. Written notes are taken while listening to the person. Complainant is allowed tobring another person to the meeting if they wish. When taking accurate notes, complainants’ own words, wherepossible, is used. Clear description of the incident in simple and direct terms is prepared and details areconfirmedwith the complainant.

• All notes are kept strictly confidential. The complainant’s agreement is taken to allow proceedings with the matter,whichinvolvesaformalinvestigation.

• The complainant is advised that although the process is confidential, the respondent needs to be informed andany witnesses and persons directly involved in the complaint process will also learn ofthe complainant’sidentity.

Careis takentopreventany disadvantagetoorvictimizationofeitherthecomplainantortherespondent.

Resolutionprocedurethroughconciliation

Oncethecomplaintisreceived,beforeinitiatingtheinquirythecommitteemaytakestepstoreconcilethecomplaintbetweenthe complainantandthe respondent. This is onlyifrequestedby theaggrievedwoman.

Itismadecleartoallpartiesthatconciliationinitselfdoesn’tnecessarilymeanacceptanceofcomplaintbytherespondent.Itis a practicalmechanismthrough which issuesareresolved ormisunderstandings cleared.

Incaseasettlementisarrivedat,thecommitteerecords&reportsthesametotheemployerfortakingappropriateaction.Resolution throughconciliation happenswithin2weeks ofreceiptofcomplaint.

Thecommitteeprovidescopiesofthesettlementtocomplainant&respondent.Oncetheactionisimplemented,nofurtherinquiryisconducted.

ReceivingaComplaint(guidelines)

Dealingwithincidentsofharassmentisnotlikeanyothertypeofdispute.Complainantsmaybeembarrassedanddistressed,and itrequirestactanddiscretion while receiving the complaint.

Thefollowingpoints are keptinmindbythereceiver ofthe complaint:

• Complaints are listened to and the complainant informed that the Company takes the concerns seriously.The complainantis informed that these concerns will be reported to the appropriate committee and follow-up will bedone speedily.

• Situationsare not pre-judged. Written notes are taken while listening to the person. Complainant is allowed tobring another person to the meeting if they wish. When taking accurate notes, complainants’ own words, wherepossible, is used. Clear description of the incident in simple and direct terms is prepared and details areconfirmedwith the complainant.

• All notes are kept strictly confidential. The complainant’s agreement is taken to allow proceedings with the matter,whichinvolvesaformalinvestigation.

• The complainant is advised that although the process is confidential, the respondent needs to be informed andany witnesses and persons directly involved in the complaint process will also learn ofthe complainant’sidentity.

Careis takentopreventany disadvantagetoorvictimizationofeitherthecomplainantortherespondent.

 

Resolutionprocedurethroughconciliation

Oncethecomplaintisreceived,beforeinitiatingtheinquirythecommitteemaytakestepstoreconcilethecomplaintbetweenthe complainantandthe respondent. This is onlyifrequestedby theaggrievedwoman.

Itismadecleartoallpartiesthatconciliationinitselfdoesn’tnecessarilymeanacceptanceofcomplaintbytherespondent.Itis a practicalmechanismthrough which issuesareresolved ormisunderstandings cleared.

Incaseasettlementisarrivedat,thecommitteerecords&reportsthesametotheemployerfortakingappropriateaction.Resolution throughconciliation happenswithin2weeks ofreceiptofcomplaint.

Thecommitteeprovidescopiesofthesettlementtocomplainant&respondent.Oncetheactionisimplemented,nofurtherinquiryisconducted.

Resolutionprocedurethroughformalinquiry

ConductingInquiry

Thecommitteeinitiatesinquiryin thefollowingcases:

• Noconciliationis requestedbyaggrievedwoman.
• Conciliationhas notresultedinanysettlement.
• Complainantinformsthecommitteethatanytermorconditionofthesettlementarrivedthroughconciliation,has notbeen complied withbyrespondent

The Committee proceeds to make an inquiry into the complaint within a period of 1 week of its receipt of the originalcomplaint/closureofconciliation/repeatcomplaint.

Mannerofinquiryintocomplaint:

• Complainantshouldsubmitthecomplaintalongwithsupportingdocumentsandthenames of thewitnesses;
• Uponreceiptofthecomplaint,thecommitteesends1copyofthecomplainttorespondentwithin7workingdays;
• Respondentreplies withallsupportingdocuments within10workingdaysofreceivingthecopyofthecomplaint;
• Nolegal practitionercanrepresentanypartyatanystageoftheinquiryprocedure;
• TheComplaintsCommitteemakesinquiryintothecomplaintinaccordancewiththeprinciplesofnaturaljustice;
• Inconductingtheinquiry,aminimumofthreecommitteemembersincludingthePresidingOfficerispresent.

Interimrelief

Duringpendencyoftheinquiry,onawrittenrequestmadebythecomplainant,thecommitteemayrecommendtotheemployerto –

• Transferthecomplainantortherespondenttoanyotherworkplace
• Grantleavetotheaggrievedwomanofmaximum3months,inadditiontotheleaveshewouldbeotherwise entitled
• Preventtherespondentfromassessingcomplainant’sworkperformance
• Grantsuchotherreliefas maybeappropriate

Oncetherecommendationsofinterimreliefareimplemented,theemployerwillinformthecommitteeregardingthe same.

TerminationofInquiry

Committee at Gayatri Rubbers and Chemicals Limited may terminate the inquiry or give ex-parte decision, if complainant or respondentrespectively is absent for 3 consecutive hearings, without reason. 15 day written notice to be given to the party, beforeterminationorex-parteorder.

Inquiryprocedure

All proceedings of the inquiry are documented. The Committee interviews the respondent separately and impartially.The committeestatesexactly what the allegation isand who hasmade the allegation. The respondentisgiven fullopportunity to respond and provide any evidence etc. Detailed notes of the meetings are prepared which may be sharedwith the respondent and complainant upon request. Any witnesses produced by the respondent are also interviewed &statements are taken.

If the complainant or respondent desires to cross examine any witnesses, the Committee facilitates the same andrecords the statements.

In case a complainant or respondent seeks to ask questions to the other party, they may give them to the Committeewhichasksthemand recordsthe statementoftheotherparty.

Any such inquiry is completed, including the submission of the Inquiry Report, within 90 daysfrom the date on whichtheinquiryiscommenced.The inquiryprocedureensuresabsolutefairnessto all parties.

Considerationswhilepreparinginquiryreport

Whilepreparingthefindings/recommendations,followingareconsidered:

• Whetherthelanguageused(writtenorspoken),visualmaterialorphysicalbehaviorwasofsexualorderogatorynature
  • Whethertheallegations orevents followlogicallyandreasonablyfromtheevidence
  • Credibilityofcomplainant,respondent,witnesses andevidence
  • Othersimilarfacts,evidence,fore.g.iftherehavebeenanypreviousaccountsofharassmentpertainingtothe respondent
  • Bothparties havebeengivenanopportunityofbeingheard
  • Acopyoftheproceedingsweremadeavailabletobothpartiesenablingthemtomakerepresentationagainstthefindings

A copy of the final findings is shared with the complainant and the respondent to give them an opportunity to make arepresentationon the findingsto the committee.

Actiontobetakenafterinquiry

Posttheinquirythecommitteesubmitsitsreportcontainingthefindingsandrecommendationstotheemployer,within10daysofcompletionoftheinquiry.

Thefindings andrecommendations arereachedfromthefactsestablishedandis recordedaccurately.

If the situation so requires, or upon request of the complainant, respondent or witness, Management at Gayatri Rubbers and ChemicalsLimited may decide to take interim measures such as transfer, changing of shift, grant of leave etc. to protect againstvictimizationordistress during orsubsequentto thecourse ofinquiry,pending the finaloutcome.

Complaintunsubstantiated

Where the committee arrives at the conclusion that the allegation against the respondent has not been proved, itrecommends to the employerthatno actionisrequired tobe taken in this matter.

Further, the committee ensures that both parties understand that the matter has been fully investigated, that the matteris nowconcluded, and neitherwillbe disadvantaged within thecompany.

Complaintsubstantiated

Wherethecommitteearrivesattheconclusionthattheallegationagainsttherespondenthasbeenproved,itrecommends to the employer to take necessary action for sexual harassment as misconduct, in accordance with theapplicableservice rulesandpolicies,and thismayinclude:

1. Counseling
2. Censureorreprimand
3. Apologytobetenderedbyrespondent
4. Writtenwarning
5. Withholdingpromotionand/orincrements
6. Suspension
7. Termination
8. Oranyotheraction thatthe Managementmaydeemfit.

Theemployeratgayatri Rubbers and ChemicalsLimitedacts upontherecommendations within60daysandconfirmtothecommittee.

Post implementation of the actions, follow up with the complainant occurs to ascertain whether the behavior has in factstopped, the solution is working satisfactorily and if no victimization of either party is occurring. This follow-up isundertakenbythe complainant’sLine ManagersupportedbyHR.

 

MaliciousAllegations

Where the committee arrives at the conclusion that the allegation against the respondent is malicious or the aggrievedwoman or any other person making the complaint has made the complaint knowing it to be false or the aggrievedwoman or any other person making the complaint has produced any forged or misleading document, it may recommendtothe employerto take action againstthe woman orthe person making thecomplaint.

Theactionrecommendedshouldbesimilartotheonesproposedfortherespondentincaseofsubstantiatedcomplaints.

While deciding malicious intent, the committee should consider that mere inability to substantiate a complaint need notmeanmaliciousintent.Malicious intentmustbeclearlyestablished througha separate inquiry.

 

Confidentiality

The identity of the complainant, respondent, witnesses, statements and other evidence obtained in the course of inquiryprocess, recommendations of the committees, action taken by the employer is considered as confidential materials, and notpublished ormade known to publicormedia.

Anypersoncontraveningtheconfidentialityclausesis subjecttodisciplinaryaction asprescribedintheact.

 

Appeal

Any party not satisfied or further aggrieved by the implementation or non-implementation of recommendations made,may appeal to the appellate authority in accordance with the Act and rules,within 90 days of the recommendationsbeing communicated.