POSH POLICY

POSH POLICY

Exotic is committed to ensuring employees are treated fairly and equitably in an environment free of intimidation and harassment. Certain conduct that might not be tolerated socially could constitute harassment in the workplace when it is unwelcome. Exotic will not tolerate any employee harassing a fellow employee in the workplace. Exotic will ensure that employees who complain about harassment will not suffer adverse job consequences as a result of any complaint.

The HR team would co-ordinate directly with the complainant in any such cases and maintain any such incident as confidential.

1. Scope

This policy extends to all employees of Exotic, whether on probation or permanent, including those on deputation, contract, part-time or working as consultants, trainees, unless explicitly stated otherwise. The policy is also applicable for any vendor resource working in the Exotic’s premises, including extended workplace.

Sexual harassment includes any unwelcome behavior of a sexual nature that could be reasonably expected to make someone feel offended, humiliated, or intimidated.

This may include (but is not restricted to):

• • An unwelcome physical contact and advance.
  • A request for sexual favours.
  • Unwelcome comments about someone’s sex life or physical appearance.
  • Leering and ogling.
  • Sexually offensive comments, stories or jokes, obscene messages/MMS/pictures through mail/SMS or WhatsApp.
  • Displaying sexually offensive photos, pinups or calendars, reading matter or objects.
  • Sexual propositions or continued requests for dates.
  • Stalking: Stalking is unwanted or obsessive attention by an individual or group toward another person. Stalking behaviours are related to harassment and intimidation and may include following the victim.
  • Physical contact such as touching or fondling, or unnecessary brushing up against someone.
  • Indecent assault or rape (these are criminal offences).

2. Procedure

Any employee, who feels he/she is being sexually harassed directly or indirectly, may give a written complaint of the alleged incident to any member of the Internal Complaints Committee (“ICC”) within 3 (three) months of the occurrence of the incident. This period may be increased by another not more than 90 (ninety) days by the ICC if the reason for such a delay is bonafide. Complaints may be made in writing and submitted to the members of the ICC.

The ICC will hold a meeting with the complainant within 5 (five) days of the receipt of the written complaint. At the first meeting, the Committee members shall hear the aggrieved party and record her/his signed statements. The aggrieved party can also submit any corroborative material with documentary proof, oral or written material, etc., to substantiate his/her complaint. In the event that the aggrieved party cannot make the complaint/statement for reasons including death, poor health, or medical rest then a relative may make the complaint / statement on the behalf of the employee

Thereafter, the person against whom the complaint is made may be called for a deposition before the ICC and an opportunity will be given to him/her to give an explanation and his/her statement shall be recorded and signed. Thereafter ICC shall within 10 (ten) days from the date of completion of the enquiry, furnish a report documenting its findings and recommendations to the employer. This report shall be shared with both the concerned parties. In the event the allegations are proven then the ICC recommendations to the employer shall include (but not be limited to):

1. Action for sexual harassment as misconduct as defined in the relevant service rules, if not then Section509 of the India Penal Code shall be applicable.

2. Deduct from the salary for the respondent such sum as, the ICC may consider appropriate and such sum shall be paid to the aggrieved party or a legal heir.

The constitution of the current ICC is as follows. The qualification and constitution of the ICC is in conformance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Members of ICC
Mr. Narayan Babu DN	External Legal member	[email protected]	8050503089
Mrs. Jayalakshmi S	General Manager – HR & Admin	[email protected]	9108505971
Mr. Shivashankar MK	Senior Manager – Operations	[email protected]	9591988507
Ms. Janisha Gladies J	Purchase executive	[email protected]	7892472283
Ms. Aishwarya M	Manager – Contracts	[email protected]	7795733740

 

3.3. Punishment

The punishment meted out to the employee confirmed of having committed sexual harassment at the workplace is as per the Indian Penal Code or the relevant service rules.

• • 3 (three) years simple imprisonment and fine (Section 509 of the Indian Penal Code),
  • 3 (three) years simple imprisonment and fine (Section 352 of the Indian Penal Code).
  • Dismissal from service without notice (Misconduct) (standing orders/service rules and regulations /employee manual).

The punishments listed above are for the offences referred herein. It is to be noted that the charged employee may be awarded more or less punishment depending on the unique set of facts that related to his/her case.

In the event, the complaint does not fall under the purview of sexual harassment or the complaint does not mean an offence of sexual harassment, the same would be dropped after recording the reasons thereof.

In case if the allegation is found to be true, Exotic will direct appropriate action against the harasser in accordance with the recommendation proposed by the ICC. The said recommendation shall be in accordance with the service rules, and the law of the land.

In case the complaint is found to be false, the complainant shall, if deemed fit, be liable for appropriate disciplinary action as per the pertinent service rules and the law of the land.

In case the complainant or the accused employee is not satisfied with the decision of the investigating committee he/she can request an appeal and review of the case in accordance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Such an appeal shall be preferred within 90 (ninety) days

In case the aggrieved employee is unwilling to lodge a formal complaint, any colleague with the knowledge of the incident is expected to inform the ICC under the Whistle Blower Policy. The investigation process, in such cases will follow the procedure listed above.

The ICC shall annually compile a list of cases in that year and furnish this report to Exotic and the district officer. Further Exotic shall incorporate the referred report in its Annual Report

3.4. Equal Rights Employer

Exotic is an equal rights employer and believes in establishing and maintaining a workplace free of harassment of any kind. All employees irrespective of caste, creed, religion, race, color, sex, are entitled to be treated fairly and all employees are expected to strictly adhere to this policy. Exotic follows this policy in all its actions, including recruitment, appointment, promotions, increments and/or alteration of benefits. Exotic takes its antidiscrimination policy and equal rights employment seriously and any violation of this principle will not be tolerated and be dealt with strictly.

If any employee believes he/she has been subjected to any form of unlawful discrimination, such employee may submit a written complaint to his/her manager or the HR.

Anti-Fraud

The act or intent to cheat, trick, steal, deceive, or lie is both dishonest and, in most cases, criminal. Intentional acts of fraud are subject to strict disciplinary action, including dismissal and possible civil and/or criminal action against the concerned employee.

Some examples of fraud include:

1. Submitting false expense reports.
2.  Forging or altering cheques.
3. Forged resume/bio data.
4. Misappropriating assets or misusing company’s property.
5. Unauthorized handling or reporting of transactions.
6. Inflating sales numbers.
7. Making any entry on company’s records or financial statements that is not accurate and in accordance with proper accounting standards.
8. Misrepresenting emails.