Policy Name	Prevention, Deterrence and Redressal of Sexual Harassment at the Workplace Policy
Policy Updated	September 2022
Policy Owner/Custodian	JKM Global Services LLP

1. HIGH-LEVEL DESCRIPTION AND PURPOSE

JKM GLOBAL SERVICES LLP is committed to busting every individual with dignity & respect. We seek to provide and maintain a work environment that is free from sexual harassment of any kind, whether verbal, physical or visual. In order to promote the wellbeing of all employees at work place this policy has been introduced for the prevention of sexual harassment at the work place and matters connected therewith.

Sexual harassment is a serious criminal offence, which can destroy human dignity and freedom. The Company has a detailed grievances procedure for attending to any issue arising out of sexual harassment. The guidelines herein provide effective means for promptly and appropriately attending to and redressing such grievances and/or complaints Relations against any employee raising any such issue or concern will not be tolerated.

This Policy incorporates the Company's obligations under the Sexual Harassment of Women at Work place (Prevention Prohibition and Redressal) Act, 2013. The Policy also imbibes the cardinal principle of gender justice enunciated   by the Hon’ble Supreme Court under the Vishakha judgment.  JKM GLOBAL has a broad-based Bullying & Harassment Policy. The policy supplements the said Bullying and harassment policy.

2. SCOPE

This policy will be applicable to all employees engaged in the business of JKM including employees deputed at clients’ sites, trainees, interns and outsourced business associates.

All employees have a duty to create and maintain in a healthy, conducive and safe working environment, and to their colleagues and coworkers and all persons who they come into contact with during the course of their duties with dignity at all times and not to discriminate against or harass other employees, or co-workers.

Where sexual harassment is alleged to have occurred to a JKM Global employee as a result of an act by third party or outsider, the Company will take all necessary and reasonable steps to assist the affected person in terms of support and preventive action.

3. KEY DEFINITIONS

3.1. Sexual Harassment as defined by the sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act,2013:

Sexual Harassment includes any one more of the following un welcome acts or behaviors (whether directly or indirectly or by implication);

1. physical contact and advances;
2. a demand or request for sexual favor
3. making sexually colored remark;
4. showing pornography; or
5. any other unwelcome physical, verbal or nonverbal conduct of sexual nature;

The following a non-exhaustive list of other types of treatment that, when linked to or connected with any act or behavior of sexual harassment, may itself amount to sexual harassment:

1. implied or explicit promise of preferential treatment in their employment;
2. implied or implicit threat of detrimental treatment in their employment;
3. implied or explicit threat about their present or future employment status;
4. interference with their work or creating an intimidating or offensive or hostile work environment for them: and
5. humiliating treatment likely to an affect their health or safety.

3.2. Sexual Harassment Circumstances

Sexual harassment can occur in a variety of circumstances including but not limited to the following;

• The victim may be a woman or a man, as may the harasser. The victim and the harasser do not have to be of opposite sexes.
• The harasser can be the victim’s supervisor, manager, subordinate or any coworker, an agent of the employer, a supervisor in another area, or a non- employee, with whom the victim interacts or has interacted in connections with his/ her work.
• The harassment can occur in person, over the phone (including voicemail), over the internet or email or any other form of electronic or verbal or nonverbal communications.
• Sexual harassment may occur without economic injury to the victim, whether that is by termination of their services (whether by resignation or dismissal) or otherwise.

3.3. Examples of Sexual Harassment

Examples of sexual harassment include but are not limited to the following

• Supervisor or managers explicitly or impliedly suggesting sexual favors may further an employee’s career or that refusal of sexual favors may hinder it;
• Sexually explicit or derogatory statements or sexually colored remarks being made by one employee to another.
• Displaying sexually suggestive objects, pictures or magazines, or written materials that may be considered pornographic or otherwise offensive (eg; indecent representation of women)

Preventive Steps

All employers or persons in charge of workplace whether in public or private sector should take appropriate steps to prevent sexual harassment Without prejudice to the generality of this obligation they should take the following steps

(a) Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated in appropriate ways

(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender

(c) As regards private employers’ steps should be taken to include the aforesaid prohibitions in the standing orders under the industrial Employment (Standing Orders) Act, 1946

 (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

Awareness

Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner

3.4. Redress

If you are being harassed you may do one or more of the following according to the needs of the situation:

• Please do not more or attempt to conceal the fact that you are being harassed. Do not concede.

• Firmly tell the harasser that you do not appreciate such acts and ask the harasser to stop immediately.

• To the extent possible, keep a record of incidents and retain the evidence that you have received or procured, such as offensive or suggestive emails, text messages, etc.

• If you are not certain of the intentions of the person or if you have told the harasser of your taking objections to the incident and you believe that this have resolved the matter and have therefore decided not to report the matter at this time then inform a coworker of the incident.
• File a formal complaint with the internal Complaints Committee (ICC) established under the term of this Policy.

 

Third-party harassment

Where sexual harassment occurs as a result of an act or mission by third party or outsider, the employer and person-in- charge will take all steps necessary and reasonable to assist the affected person in term of support and preventive action.

4. Complaints Committee

Separate Internal Complaints Committees (ICC) have been set up for the company. The ICC headed by a woman and not less than half of its members should be women. For details regarding the panel of the Committees. Each such Complaints Committee shall look into the case arising within the premises of the company.

5. Detailed Procedure

5.1. Complaint Mechanism

The aggrieved employee should make a written complaint of sexual harassment at the work place to the ICC. (in the format provided in Annexure I) Such complaints must be made within three (3 months from the date of the last incident However, the aforesaid three (3) month time, time may be extended by the ICC if it believes that the circumstances were such that the employee was prevented from filing the complaint within in time limit.

5.2. Conciliation

Prior to rating a full inquiry, the ICC may request the parties to settle the matter through conciliation. The terms of settle must not involve any exchange of money.

If a Settlement has been achieved, no further inquiry may be required. However, if conciliation is not appropriate or if no settlement can be reached, or the ICC is notified the alleged harasser has failed to meet the conditions prescribed under the settlement agreement. The ICC may initiate a full inquiry into the matter.

5.3. Inquiry into the complaint

The ICC may initiate the inquiry into the matter in accordance’s with the provisions of the Code of Conduct while conducting the inquiry, ICC shall follow the principle of natural justice. thereby giving both parties a fair opportunity to be heard. Further, copies of any evidence obtained as part of the ICC’s investigation must be made available to both the parties to enable them the make their respective representations.

 The ICC shall complete the inquiry within a period of ninety (90) days.

5.4. Inquiry Report

Upon completion of the inquiry, the ICC shall prepare a report and provide the same to the Company, within a period of (10) days from the date of completion of the inquiry. Such report will also be shared with the panties concerned.

5.5. Actions to be undertaken pursuant to the inquiry report

 In case the allegation has not been proved the ICC shall recommend to the Company that no actions is required against the alleged harasser. In case the allegation has been held to be proved, the ICC shall recommend the appropriate disciplinary action against the erring employee in accordance with the provision of the Act.

The Company shall take appropriate action upon the recommendation within a period of sixty (60) days from the date of receipt of the same.

In case the complaint is found to be malicious or false or based on false evidence the ICC can recommendation actions against the complaint for filing a malicious complaint. However, mere inability to substantiate or provide adequate evidence would not render the complaints as malicious.

Criminal Proceedings

Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

• Appeal

 Any person who disagrees with the recommendations of the ICC or non-implementation of the apps the my or the Tribunal in accordance with the Sexual Harassment of Women at Workplace (Prevention, Redressal) Act, 2013.

6. 6. Committee Responsibilities

6.1. All complaints of sexual discrimination or harassment are serious and an appropriate investigation of complaints will be conducted. No reprisal or retaliation will be taken nor tolerated against anyone who makes a complaint. However, if the complaint is found to be malicious or any false evidence given at any such proceedings, appropriate action shall be taken.

 

6.2. The ICC shall have due regard to the sensitive nature of complaints and the respective power positions of the parties and ensure that principles of natural juice are followed Further to the extant reasonable and possible, during the inquiry procedure the parties will be called separately so as to ensure freedom of expression and an atmosphere free of intimidation.

 

6.3. The maters reported and /or investigated under   this policy shall not many manners be published. Communicated or known to any   person who has no need to know of them. To the extent that such information is required to be made known to any person or authority, the same shall be made without disclosing the identity of the aggrieved person and/or witnesses.

 

6.4. The question asked during an investigation will be focused on what occurred during the incidents, including specifies about what was said and /or done during the incident and by whom, who was present when and where it happened, and what happened before after the incident. The investigator may also ask for the names of other employees who should be questioned suggestion on how to resolve the issue, and other questions about the incident or environment.

6.5. If required, the ICC may seek clarification from the harasser and or his superiors as the case may be and conduct the entire proceedings in strict confidence.

6.6. Under certain circumstances, further investigation may involve discussing the situation with other witnesses of other individuals who may have experienced similar behavior.

6.7. Once all the facts have been gathered, a determination on the allegations will then be made from the facts on a case-by-case basis and appropriate corrective action, if warranted, will be recommended. Corrective action will depend on the situation, possible actions include counseling, warning and dismissal.

 

6.8. In the event that the ICC proposes to discipline the accused, they shall make a recommendation directly to the Disciplinary authority of the concerned employee for taking action according to service rules.

6.9. At the completion of an investigation, the employee who made the complaint will be informed that the investigation has been completed and, in the case of a substantiated harassment complaint that he or she should experience no further harassment Out of deference to the individuals directly involved in the situation, it may not be possible to discuss the conclusions of the investigation or the action taken but this will depend on the circumstances

6.10. Employee and leader participation in Company investigations is required. Any individual who knowingly provides false information or who hinders the progress of an investigation may face disciplinary action up to and including termination 

6.11. Where the sexual harassment of a nature that   amounts to a specific offence time under the Indian Penal Code. The company will cooperate with the complainants in initiation of an appropriate action in accordance with the law if the employees so desires.

6.12. Records shall be maintained for all complaints received and any action taken by the Company in response.  An Annual Report shall be prepared and maintained by HR Representative. all records and documents concerning sexual harassment at the workplace shall be kept confidential.

7. Non-Retaliation & Transfer Request

No retaliation or intimidation directed to anyone who makes, assists in making a complaint or a witness to an investigation under this policy will be tolerated. victims and witness will not be discriminated against or victimized while dealing with Complaints of sexual harassment.

 

8. Roles and Responsibilities

The Company primarily responsible for providing a safe working environment at the work place. The Company's specific duties in relation to the prevention of sexual harassment include, inter -alia, the following:

• Display conspicuously at the work place, the penal consequence of indulging in acts that may constitute sexual harassment and the composition of the ICC

• organize workshops and awareness programs at regular intervals for sensitizing employees on the issues and implications of workplace sexual harassment and organizing orientation programs for members of the committee.

• take appropriate steps to prevent sexual harassment;

• treat sexual harassment as a misconduct under the service rules and initiate action for misconduct.

• provide appropriate training to the members of the ICC to ensure effective implementation of this Policy:

  

• encourage employees to approach the ICC to discuss their concerns and file complaints, and

• ensure that any sexual harassment situation is thoroughly investigated and appropriate corrective action is taken if warranted.

   Employees are responsible for:

• doing what they can to ensure that that the workplace is free from sexual harassment

• ensuring they follow the Company's workplace ethics and guidelines:
• bringing any concerns or complaints of sexual harassment to the appropriate forum as soon as possible so that issue can be resolved.

9. Approval Requirements

N/A

10. Exception/Interpretation Resolution

No exception to this policy is permitted by legislation

11. ENFORCEMENT OF ISSUED POLICIES AND PROCEDURES

These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993 Accordingly, we direct that the above guidelines and norms would be strictly observed at the workplaces for the preservation and enforcement of the night to gender equality of the working women. These directions would be binding and enforceable in law until table legislations is enacted to occupy the field.

Annexure 1

JKM OFFICE	LIST OF PANEL MEMBERS
NOIDA Please note as per the Govt Policy the majority should be females in the panel list	NITIN MAKKAR, nitin.makkar@jkmglobal.net; Mobile -9990005441
	GEETANJALI MAKKAR, geetanjalimakkar92@gmail.com; Mobile-9990005165
	SUDHIR WASSON, sudhir@jkmglobal.net; Mobile- 9811046022
	PREETI RATHORE, preeti.rathore@jkmglobal.net; Mobile-8130134214
	VINNY SHANGLO,  -vinny.shangloo@jkmglobal.net Mobile- 9958618151