OCL Iron & Steels Limited ("the Company" or "Employer") is dedicated to ensuring a safe and supportive work environment where women employees can work with dignity and without fear of discrimination, gender bias, or sexual harassment. This policy, in line with the provisions of the Act and its accompanying rules, aims to prevent, prohibit, and address sexual harassment at the workplace. It applies to all employees of the Company.
Excerpt from the Preamble of the Act
Sexual harassment violates the fundamental rights of women to equality (Articles 14 & 15), the right to live with dignity (Article 21), and the right to a safe working environment, free from harassment. India’s ratification of the Convention on the Elimination of All Forms of Discrimination Against Women further underscores the importance of safeguarding women in the workplace.
Key Definitions (as per the Act)
- Sexual Harassment includes any unwelcome behaviour of a sexual nature, such as:
- Physical contact and advances
- Requests for sexual Favors
- Sexually suggestive remarks
- Display of pornography
- Other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
- Circumstances amounting to sexual harassment:
- Implied or explicit promises of preferential treatment or threats of detrimental treatment in employment
- Threats to employment status or interference with work
- oCreating an intimidating, offensive, or hostile work environment
- oHumiliating treatment likely to impact health or safety.
- Workplace: Any location where the Company conducts business, including offices, factories, and transportation during employment-related activities.
- Aggrieved Woman: A woman who alleges to have experienced sexual harassment, irrespective of her employment status.
- Complainant: Typically, the Aggrieved Woman, but could also be another person as per Section 9(2) of the Act.
- Respondent: The employee accused of sexual harassment.
- Employee: Any individual employed by the Company on a regular, temporary, or contract basis, including trainees, apprentices, and others.
- Employer: The management or any entity responsible for the administration, supervision, and management of the workplace.
Constitution of the Internal Complaints Committee (ICC)
The Company has established an Internal Complaints Committee ("Internal Committee") in compliance with the Act, to handle complaints of sexual harassment effectively. The Committee shall consist of the following members:
- Presiding Officer: A senior-level woman employee from within the Company.
- Four other employees: A balanced representation from the workforce.
- One external member: A person with relevant expertise.
The Internal Committee will ensure that at least half of its members are women. Role of the Internal Committee
- Receiving Complaints: The Internal Committee will receive written complaints of sexual harassment from an aggrieved woman within three months (90 days) from the date of the incident or the last in a series of incidents.
- Assistance: If necessary, the Committee will assist the Complainant in filing the complaint.
- Inquiry Process: The Committee will initiate an inquiry in accordance with the principles of natural justice, including an option for conciliation.
- Inquiry Duration: The inquiry must be completed within 90 days, with a report submitted to the Management within 10 days of completion.
Complaint Inquiry Process
- Submission of Complaint: The Complainant submits six (6) copies of the complaint along with supporting documents and witness details.
- Respondent's Reply: The Respondent must submit a reply within 10 working days.
- Representation: No legal representation will be allowed during inquiry proceedings.
- Presence in Inquiry: At least three members, including the Presiding Officer, must be present during the inquiry.
- Ex-parte or Termination: The Committee may proceed ex-parte if either party fails to attend three consecutive hearings.
Interim Relief
The Internal Committee may recommend the following interim measures to the Management during the inquiry:
- Transfer of the Aggrieved Woman or the Respondent to a different workplace.
- Granting leave (up to three months) to the Aggrieved Woman in addition to her regular leave entitlement.
- Preventing the Respondent from evaluating the Complainant’s work performance or conducting appraisals.
Once interim relief is implemented, the Management will report back to the Internal Committee.
Confidentiality
All details of the complaint, inquiry process, and actions taken must be kept confidential. Any breach of confidentiality by involved parties will result in disciplinary action as per the Act.
Malicious Complaints
If the Internal Committee determines that the complaint was made maliciously or based on false evidence, the Management may take action as per the relevant service rules. The inability to substantiate a claim is not, by itself, proof of malicious intent. Duties of the Management
The Management must:
- Ensure a safe working environment free from sexual harassment.
- Organize regular awareness programs to educate employees on the provisions of the Act.
- Disseminate the policy broadly across the workplace.
- Provide necessary support to the Internal Committee, including securing witness attendance and offering other resources as needed.
- Assist the Aggrieved Woman if she decides to pursue criminal action under the Indian Penal Code or other applicable laws.
- Treat sexual harassment as misconduct under the Service Rules and take appropriate action.
Compliance by Management
The Management must act upon the recommendations of the Internal Committee within 60 days.
Conclusion
The Company is committed to fully implementing the provisions of the Act and ensuring a workplace where all employees can work with respect, free from the threat of sexual harassment. In case of any conflict, the provisions of the Act will take precedence.