1. Purpose and Legal Framework
This Policy on Prevention of Sexual Harassment at the Workplace (PoSH Policy) sets out the framework adopted by Sustain Right to prevent, prohibit, and redress sexual harassment in the workplace. It is issued in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) and the rules thereunder, and is read together with the Indian Penal Code provisions on sexual offences.
2. Scope and Applicability
This policy applies to all employees (permanent, contractual, part-time, trainees, interns), consultants, advisors, vendors, clients, and visitors at all workplaces of Sustain Right, client sites, off-site project locations, transit, and any virtual workplace or communication channel maintained for business purposes.
3. Definition of Sexual Harassment
Sexual harassment includes any unwelcome act or behaviour — whether directly or by implication — of a sexual nature, including but not limited to:
- Physical contact or advances.
- A demand or request for sexual favours.
- Making sexually coloured remarks.
- Showing pornography or sexually explicit material.
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
The following circumstances, if connected to any of the above, may also amount to sexual harassment: implied or explicit promise of preferential treatment in employment; implied or explicit threat of detrimental treatment in employment; implied or explicit threat about present or future employment status; interference with work or creating an intimidating, offensive, or hostile work environment; or humiliating treatment likely to affect health or safety.
4. Internal Committee (IC)
Sustain Right has constituted an Internal Committee (IC) in line with Section 4 of the Act to receive and address complaints of sexual harassment. The composition, current members, and contact details of the IC are notified separately and displayed at the workplace. The IC includes a Presiding Officer (a senior woman employee), at least two members from amongst employees, and one external member from a recognised non-governmental organisation or a person familiar with issues relating to sexual harassment.
5. Filing a Complaint
Any aggrieved person may submit a written complaint to the IC within three months of the incident, or within three months of the last incident in case of a series of incidents. The IC may extend this period by a further three months on recorded reasons. Where the aggrieved person is unable to make a complaint in writing, the IC shall render all reasonable assistance to enable them to do so. Complaints may also be sent to hello@sustainright.com (marked confidential, for IC attention).
6. Inquiry Process
- On receipt of a complaint, the IC may, at the request of the complainant, attempt conciliation before initiating an inquiry (monetary settlement shall not be the basis of conciliation).
- If conciliation is not opted for or fails, the IC shall conduct an inquiry in accordance with the principles of natural justice and complete it within 90 days from the date of complaint.
- Both parties shall be given a fair opportunity to be heard and to produce evidence and witnesses.
- The IC has the powers of a civil court for the purposes of summoning witnesses and examining documents.
- The inquiry report shall be submitted to the management within 10 days of completion of the inquiry, along with recommendations.
- Action shall be taken by the management within 60 days of receipt of the IC's recommendations.
7. Interim Reliefs
During the pendency of an inquiry, the IC may recommend appropriate interim measures including: transferring the aggrieved person or the respondent to another work location; granting leave to the aggrieved person of up to three months in addition to her regular leave entitlement; or restraining the respondent from reporting on the work performance of the aggrieved person.
8. Action on Findings
If the IC concludes that the allegation has been proved, it shall recommend action in accordance with the service rules including written apology, warning, reprimand, censure, withholding of promotion or increment, termination, mandatory counselling, community service, or any other action deemed appropriate. The IC may also recommend deduction from the salary of the respondent towards compensation payable to the aggrieved woman.
9. False or Malicious Complaints
If the IC concludes, after inquiry, that a complaint was made with malicious intent or that any false evidence has been produced, it may recommend action against the complainant. Mere inability to substantiate a complaint shall not, by itself, attract action under this clause.
10. Confidentiality
The identity of the aggrieved person, the respondent, witnesses, the contents of the complaint, the inquiry proceedings, the IC's recommendations, and the action taken shall not be published, communicated, or made known to the public, press, or media in any manner. Breach of confidentiality shall itself attract disciplinary action.
11. Prohibition of Retaliation
Any act of retaliation, victimisation, or unfair treatment against a complainant, witness, or any person assisting in an inquiry is strictly prohibited and shall be treated as a separate violation under this policy and as misconduct.
12. Awareness and Training
Sustain Right shall conduct periodic orientation and awareness sessions for all employees on this policy, the Act, and the role of the IC. The names and contact details of IC members shall be prominently displayed at the workplace and shared with all new joiners as part of induction.
13. Annual Report
The IC shall prepare an annual report containing the number of complaints received, complaints disposed of, complaints pending, workshops or awareness programmes conducted, and the nature of action taken. The report shall be submitted to the management and to the District Officer as required under the Act.
14. Review
This Policy shall be reviewed annually and amended as required to align with statutory updates and learnings from implementation.
To report a concern confidentially, please contact us at hello@sustainright.com.