Mitratech POSH Policy

Purpose and Scope 

The purpose of this policy is to provide protection against sexual harassment to all employees at the  workplace and the prevention and redressal of complaints of sexual harassment and matters related to it. 

This policy extends to all employees, including individuals coming to the workplace for employment or for  any other purpose whatsoever, including but not limited to visitors, vendors, contractual resources, and  interns, and applies to any alleged act of sexual harassment against persons at the workplace, whether the  incident has occurred during or beyond office hours. 

Workplace includes, in addition to the place of work, any place where the aggrieved individual visits in  connection with his/her work, during the course of and/or arising out of employment/ contract/ engagement  with the Company, including accommodation, transportation provided by Company for undertaking such a  journey. In a work from home scenario, home is considered the workplace for an employee.

Sexual Harassment:

This includes any one or more of the following unwelcome acts or behavior  (whether direct or implied) such as: 

• physical contact and advances 
• a demand or request for sexual favors 
• making sexually colored remarks 
• showing pornography, making, or posting sexual pranks, sexual teasing, sexual jokes, sexually  demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc. • persistent watching, following, contacting a person; and 
• any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature 

Further, the following circumstances, among other circumstances, if it occurs or is present in relation to or  connected with any act or behavior of sexual harassment, may amount to sexual harassment: • implied or explicit promise of preferential treatment in her employment; or 

• implied or explicit threat of detrimental treatment in her employment; or 
• implied or explicit threat about her present or future employment status; or 
• interference with her work or creating an intimidating or offensive or hostile work environment for  her; or 
• humiliating treatment likely to affect her health or safety. 

The reasonable person standard is used to determine whether the conduct was offensive and what a  reasonable person would have done. 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 individual.

Aggrieved person: In relation to a workplace, a person, of any age, whether employed or not, who  alleges to have been subjected to any act of sexual harassment by the respondent and includes  contractual and temporary, and visitors. 

Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved  person. 

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 expressed or implied and includes a co-worker, a contract worker,  probationer, trainee, apprentice or called by any other such name. 

Employer: A person responsible for management, supervision, and control of the workplace. 

Workplace: All offices, factories, units, or any place visited by the aggrieved person or the employee  during the course of and/or arising out of employment/contract/engagement with Mitratech India LLP,  including transportation provided for undertaking such a journey 

Redressal mechanism 

In compliance with the Act, the Company has set up an Internal Committee (“Committee”) to inquire in and  redress grievances of workplace sexual harassment in a sensitive and time bound manner.  

The Committee shall consist of: 

Presiding Officer – A woman employed at a senior level in the organization or workplace. 

• At least 2 members from amongst employees, committed to the cause of women and or having  experience in HR matters or legal knowledge. 
• One external member, familiar with the issues relating to sexual harassment. 

At least one half of the total members shall be women and the Committee will be headed by a senior  woman member to be appointed from amongst its members.  

List of members of the Internal Committee constituted by the Company for its offices is mentioned below. 

The Committee is responsible for: 

• Receiving complaints of sexual harassment at the workplace. 
• Initiating and conducting an inquiry as per the established procedure. 
• Submitting findings and recommendations of inquiries. 
• Coordinating with the employer in implementing appropriate action.
• Maintaining strict confidentiality throughout the process as per established guidelines.
• Submitting annual reports in the prescribed format.

Redressal Process 

Filing a Compliant 

• If you believe that you have been subjected to sexual harassment, you should file a complaint  with any of the internal committee members. 
• As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) 

Act, 2013, the complaint must be lodged within 3 months from the date of the incident or from the  date of the last incident.  

• Provided that where such a complaint cannot be made in writing, the Presiding officer or any  member of the Internal Complaints Committee shall render all reasonable assistance to the  person for filing the complaint in writing. 
• If the aggrieved person is unable to file the complaint on account of her incapacity, the following  may do so on her behalf – Legal heir, co-worker, any person having knowledge of the incident. • The complainant will need to self-attest the written complaint. 

Investigating a Complaint 

• The committee will promptly investigate any allegation made in a free and fair manner. • This investigation may include private interviews with the complainant, the person alleged to have  committed the offense, and witnesses, if any. All notes from the investigation are kept strictly  confidential. 
• Once the complaint is received, before initiating the inquiry, the committee may take steps to  reconcile the complaint between the complainant and the respondent. This is only if requested by  the complainant. 
• Resolution through conciliation happens within 2 weeks of receipt of the complaint. • The committee initiates formal inquiry in the following cases: 

✓ Conciliation not requested by the complainant. 

✓ Conciliation has not resulted in any settlement. 

✓ Complainant tells the committee that terms of conciliation were not complied with.  

Conciliation process 

The POSH Committee, may, before initiating an inquiry, at the request of the Complainant, take steps to  settle the matter between the Complainant and the Respondent through conciliation. However, no  monetary settlement shall be made as a basis of conciliation. 

In case there is a settlement arrived at, POSH Committee shall record the settlement so arrived and forward the same to Company to take action as specified in the recommendation. A copy of the settlement shall be provided by the POSH Committee to both Complainant and the Respondent. There shall be no  further inquiry into the complaint in such cases. 

Manner of Inquiry 

• Complainants should submit six self-attested copies of the complaint along with supporting  documents and the names of the witnesses. 
• Upon receiving the complaint, the committee sends 1 copy to the respondent within 7 working  days with supporting documents and names of witnesses. 
• Respondent is expected to reply with all supporting documents within 10 working days. • The Complaints Committee shall have the right to terminate the inquiry or give an ex parte  decision on the complaint, if the complainant or respondent fails to present himself/herself for 3  consecutive hearings convened by the Presiding Officer. 
• Parties shall not be allowed to bring any legal practitioner to represent them. 
• Completion of the inquiry will be done within 90 days from the date on which the inquiry  commenced. 

Action of Inquiry 

• Post completion of inquiry the report will be submitted to the employer within 10 days. • In case the complaint was substantiated the committee may recommend action for the  misconduct. Action may include counseling, censure, written warning, written apology,  suspension, withholding of increments, community service, termination, or any other action that  the management deems fit.
• In case the complaint was unsubstantiated, the committee may recommend to the employer that  no action is required, or they may recommend punishing the complainant for malicious intent  and/or false evidence. Malicious intent must be clearly established. The action for malicious  complaints could be the same as mentioned above. 
• The employer will act upon the recommendations within 60 days.
• Appeal against the decision is allowed within 90 days of the date of recommendation.

False or malicious complaint or false evidence 

If POSH Committee reached at a conclusion that the Complainant has made a complaint against the  Respondent, knowing it to be false, or if the Complainant or any other witness has provided any false or  misleading evidence/document, POSH Committee shall recommend to Company to take disciplinary  action against such Complainant or witness as the case may be, which may include a written warning or  reprimand, transfer or reassignment, removal of management authority or duties, suspension, termination  of employment, withholding promotion or increment.

Third Party Harassment 

Where sexual harassment occurs as a result of an act or omission by any third party or outsider such as  vendor, contractor, clients, etc., working on the Company’s premises, the Company and the Committee  will take all steps necessary and reasonable to assist the affected individual in terms of support, redressal  and preventive action.

No Retaliation 

The aggrieved individual and any person providing information, or any witness will be protected from any  form of retaliation. While dealing with complaints of sexual harassment, the Committee shall ensure that  the aggrieved individual or the witness are not victimized or discriminated against by the respondent or  anyone else. Any unwarranted pressures, retaliatory or any other type of unethical behavior from the  respondent against the aggrieved individual while the investigation is in progress, or any time, thereafter,  should be reported by the aggrieved individual to the Committee as soon as possible. Disciplinary action  will be taken by the company against any such complaints which are found to be genuine. 

Appeal 

Any person aggrieved by the recommendation of IC may prefer an appeal under the relevant provisions  of the Act and Rule.

The complainant shall submit to ICC six copies (in writing) of the complaint along with supporting documents, names, and addresses of the witnesses. 

The Sexual Harassment Electronic Box (T-she box) is an effort of the Government of  Telangana. You can also visit https://tshebox.tgwdcw.in/contact-us 

Helpline No. 040-23240181 

For Hyderabad and Bangalore ICC, reach out to: [email protected]
For External Committee inquiries, contact Aparna Gonate via email at [email protected] / [email protected].