POSH Policy

Scope and Introduction 

1.1 InSemi Technology Services Private Limited (“InSemi” or “Company”) is an equal employment opportunity employer and is committed to creating a healthy working environment free of any form of harassment. InSemi believes that every person has the right to be treated with dignity and respect and to be free from all forms of harassment in the workplace. All forms of harassment are contrary to the high standards of conduct at InSemi and any harassment may lead to strict disciplinary action.

1.2 This policy is to establish a policy for India in compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”) and the Ministry of Women and Child Development Notification dated 19th December 2013 (“Notification”).

1.3 The Organization will not tolerate harassment whether engaged in by fellow employees, managers, officers, directors, or contract service providers of the organization. 

1.4 Harassment or discrimination against job candidates and employees on any grounds mentioned in the Policy, whether during the hiring process or during employment, is prohibited. This commitment applies to such areas as training, performance, assessment, promotions, transfers, remuneration, and all other employment practices and working conditions. 

 

Applicability  

This policy will apply to all InSemi employees working in India including those on deputation to India, contract, temporary, part time or working as consultant. This Policy will also apply to sub-contractors and vendors of InSemi.

 

Definition 

3.1 “Sexual harassment” includes such unwelcome sexually determined behavior (whether directly or by implication) as —

  • physical contact and advances; or
  • a demand or request for sexual favors; or
  • sexually colored remarks; or
  • showing pornography; or
  • any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
  • “Complainant” – a person intimating in writing or orally complaining of commission of Sexual Harassment at workplace.
  • “Respondent” – A person alleged to have committed sexual harassment as defined under this policy.
  • “Workplace” includes all InSemi premises, client or vendor premises or any place visited by the employee arising out of or during the course of employment including transportation or any facilities provided by the Company.

 

Main Contents of the policy:

Constitution of Internal Complaints Committee  

4.1 The Company has constituted Internal Complaints Committee (“ICC”) in all the development centers of the Company across India to consider and redress all complaints of sexual harassment. The constitution of the ICC is as per the Act and includes external members from amongst NGO or person familiar with the issues relating to sexual harassment.

4.2 The ICC shall be governed by the rules of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Ministry of Women and Child Development Notification dated 19th December 2013 or any other legislation, rules or notifications as may be enacted later on.

 

Redressal Process 

5.1 Any employee who feels is being sexually harassed may submit a complaint of the alleged incident to the ICC within 3 months from the date of the last incident of sexual harassment. The complaint needs to be signed by the complainant and submitted to the HR Manager (email id: preethy.paul@insemitech.com), who in turn shall forward it to the ICC or send by email to their respective ICC (email id: POSH@insemitech.com).

5.2 If the complainant is unable to make the complaint in writing, he/she shall intimate the ICC and the ICC shall render all reasonable assistance to the complaint for making the complaint in writing.

5.3 If the complainant is unable to make a complaint on account of his/her mental or physical incapacity, the legal heir or such other person related to the complainant may make a written complaint to the ICC. 

5.4 ICC will hold a meeting with the Complainant after receipt of the complaint. The complainant will be formally intimated of the date of the meeting. 

5.5 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 dealt as a disciplinary proceeding by the appropriate forum as decided by the Company. Such complaints will not be investigated by the ICC.

5.6 If Prima facie, a case of Sexual Harassment is made out by the ICC, the Respondent will be summoned for a deposition before the ICC and an opportunity will be given to him/ her to give an explanation.

5.7 The ICC shall complete the Investigation within a reasonable period but not beyond three months. On completion of the Investigation, ICC shall provide a report of its findings to the Company and to the concerned parties within 10 days of completion of the investigation.  

5.8 On receipt of the report from the ICC, the complainant and the Respondent shall make their representation against the report, if any within a period of 7 calendar days.

5.9 Upon receipt of the representation from the parties or in the absence thereof, the ICC shall prepare its final report along with its recommendation and submit the same to the Company and the Company shall implement the recommendations of the ICC within a period of 60 days from receipt of the final report and recommendations.   

 

Conciliation

6.1 The complainant can request the ICC to settle the complaint between the complainant and the respondent by conciliation. In the event the complaint is settled through conciliation, the ICC shall record the settlement so arrived and provide copies of the settlement order to the parties and the Company. If a complaint is settled by conciliation, no further inquiry shall be conducted by ICC. 

 

Ex- parte Decision 

7.1 The ICC has the power to terminate the investigation proceedings or to give an ex-parte (in the absence of the one party) decision on the complaint, if the complainant or respondent fails, without sufficient cause, to present herself or himself for consecutive hearings.

 

Filing of false complaints and evidence 

8.1 Where the ICC arrives at a conclusion that the allegations against the Respondent is malicious or the complainant or any other person making the complaint has made a complaint knowing it to be false or produced any forged or misleading documents, it may make a recommendation to the Company to take such appropriate disciplinary action including but not limited to termination from the services of the Company. 

 

Powers of “ICC”

9.1 During the pendency of inquiry, on a written request made by the aggrieved woman, the ICC, may recommend to the Company to —

9.1.1 transfer the aggrieved woman or the respondent to any other workplace; or

9.1.2 grant leave to the aggrieved woman. This leave shall be in excess of the leaves as per the Company leave policy; or 

 9.1.3 grant such other relief to the aggrieved woman as may be prescribed.

 9.1.4 restrain the respondent from reporting on the work performance of the aggrieved woman or

 9.1.5 writing her confidential report and assign the same to another office.

9.2   If the allegations against the respondent have been proved, the ICC shall recommend to the Company.

 9.2.1 to take appropriate actions as per the Act, Employee Handbook, Standing Order, Code of Conduct & Ethics any other applicable rules and regulations of the Company applicable to the respondent;

 9.2.2 to deduct from the salary of the respondent such sum of compensation to be paid to the complainant or to legal heirs, as it may determine;

9.3 However, if the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment, it may direct to the respondent to pay such compensation to the aggrieved woman.

 

Appeal 

Any person aggrieved from the final report and recommendations made by the ICC or non-implementation of such recommendations may prefer an appeal to the appropriate court or tribunal. The appeal shall be made within a period of thirty days of the recommendations. 

 

EXCEPTIONS 

There are no exceptions to this policy.

 

EFFECTIVE DATE

This policy is deemed to be incorporated in the employee handbook and Standing Orders of InSemi and to come into effect immediately on the date of publication.