At TJIYLC 2019, we have zero-tolerance for sexual harassment. We promote an environment free from sexual harassment, prevent and minimize harassment of sexual nature, and provide an appropriate mechanism to redress the complaints and ensure time bound redressal and to promote a healthy environment during the event.
TJIYLC 2019 is committed to maintaining a positive, safe and productive working environment for all its team members, delegates, guests, attendees and associated stakeholders at their workplaces, that enables them to work without fear of prejudice, gender bias and sexual harassment of any form and manner. Accordingly, this guideline on Prevention and Redressal of Sexual Harassment has been framed with the intention of providing a sexual harassment free environment and addresses the prevention and redressal of sexual harassment at the event for all employees and women stakeholders of TJIYLC 2019.
These guidelines are formed in reference with the mandate provided under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 and commission of any act of sexual harassment as defined in the Act and in these guidelines shall result in strict disciplinary action.
- 1.1 This guideline addresses the prevention and redressal of sexual harassment at the workplace (as defined in the further section), and is applicable to all stakeholders associated with the TJIYLC 2019 activities and operations
- 2.1 Aggrieved Individual or Complainant, in relation to this workplace, is a woman, of any age, whether an Employee or not, who alleges to have been subjected to any act of sexual harassment.
- 2.2 Respondent refers to a person against whom a complaint of sexual harassment has been made by the Aggrieved/Complainant.
- 2.3 Employee for the purpose of this guideline shall refer to any 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 express or implied and includes a coworker, a contract worker, probationer, trainee, apprentice or by any other such name.
- 2.4 Workplace for the purpose of this guidelineincludes the premises and offices of the TJIYLC 2019, its affiliates and any place visited by Employees arising out of or during employment including transportation provided by the TJIYLC 2019 for undertaking such journey. Additionally, any individual representing the TJIYLC 2019 in the capacity of an “Employee”, anywhere in India or outside, in existing and potential official engagements, out station travels and conferences, training and capacity building programs, including official engagements, gatherings and parties, will be considered engaging in extended workplaces. Also, all official platforms of communication, including but not limited to emails, official discussion forums, official Whatsapp group/s, official telephone conversations with internal or external stakeholders of the TJIYLC 2019 will be considered as “workplace” for all Employees and the guidelines of this guideline will extend to them as well.
- 2.5 Employer for the purpose of the Act refers to any person or board or committee responsible for management, supervision and control of the workplace, including formulation and administration of policies of the TJIYLC 2019.
- 2.6 Internal Committee ("IC") refers to the internal redressal committee established with the TJIYLC 2019 to receive and inquire complaints pertaining to sexual harassment at workplace incidents and provide its final recommendations to the employer, i.e. management of the TJIYLC 2019 for implementation. You can find the details of the complaint and redressal body and the manner in which to file the complaint in the annexures of this document.
- 2.7 Witness for the purpose of this Policy refers to any individual, from within, or outside the organization who has been mentioned in the narration of the Complainant or Respondent to be called upon as a validator on their part, or has been identified as a similar contributor by the IC on its own.
- 2.8 Management for the purpose of this Policymeans TJIYLC 2019 Officer or Officers/ Nominee or Nominees as may be authorized in this behalf by the Promoter/Managing Director/ Director who will be responsible for implementing the recommendations of the IC within the TJIYLC 2019.
3. ACTIONS DEFINED AND IDENTIFIED AS SEXUAL HARASSMENT AT WORKPLACE
3.1 Sexual harassment: “Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely:
- i) Deliberate Physical contact and advances
- ii) Unnecessary or unwanted bodily contact such as groping or massaging.
- iii) Demand or request for sexual favors;
- iv) Unwelcome sexual attention or invitations
- v) Use of abusive language or any other foul language which shows disrespect towards women.
- vi) Sexually colored remarks or remarks of a sexual nature about a person's clothing or body;
- vii) 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.;
- viii) Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes;
- ix) Giving gifts or leaving objects that are sexually suggestive;
- x) Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy;
- xi) Persistent watching, following, contacting of a person; and any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
- xii) Non-verbal behavior such as staring, leering, or gestures;
- xiii) Non-verbal behavior such as staring, leering, or gestures;
- xiv) Displaying or sharing offensive images such as posters, videos, photos, cartoons, screensavers, emails, or drawings that are derogatory or sexual;
3.2 The following circumstances if it occurs or is present in relation to any sexually determined act or behavior 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 the present or future employment status;
3.3 Sexual harassment, which is harassment specifically based on sex, can take two forms:
- Hostile Work Environment: Conduct that has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment; and
- Quid Pro Quo Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment, or when submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting that employee.
3.4 Important Pointers:
- The list & details given below are not exhaustive. While it is not possible to list all those additional circumstances that may constitute sexual harassment, there could be some instances of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness.
- It is the reasonable perception of the aggrieved individual that would be relevant in determining:
- a) whether the conduct was sexual in nature, and, if so, whether such conduct was unwelcome or not; and/or
that their objection to such conduct would disadvantage them in connection with their employment including [hiring, dismissal, performance appraisal, promotion/demotion, assignments, monetary appraisal] evaluation, grading, recruitment or promotion; or
if the conduct in question creates a hostile working environment.
- i) Sexual Harassment may occur not only where a person uses sexual behavior to control, influence or affect the career, salary or job of another person, but also between co-workers, it may also occur between a Josh Talks employee and someone that employee deals with in the course of his/her work who is not employed by the TJIYLC 2019. Sexual harassment can happen regardless of the individuals’ gender, gender identity, or gender expression and can, for example, occur between same-sex individuals as well as between opposite-sex individuals, and does not require that the harassing conduct be motivated by sexual desire.
- ii) All the above is prohibited through any mode of communication including in person, over the phone, on voice mail, through pen and paper, on e-mail, through chat, through SMS or any other form of communication.
- iii) Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers instead to unwelcome sexually determined behavior, or pattern of conduct, that would cause discomfort and/or humiliate a woman at whom the behavior or conduct was directed.
4. ROLES AND RESPONSIBILITIES OF TJIYLC 2019’S STAKEHOLDERS
- 4.1 Responsibilities of the Management of the TJIYLC 2019: The Management of the TJIYLC 2019 must ensure the following:
- a) Encourage respectful and dignified behaviour at workplace at all times by all Employees;
- b) Have zero tolerance towards acts of sexual harassment at workplace;
- c) Ensure a safe working environment, free from any kind of sexual harassment including implementing an active program for prevention and deterrence of sexual harassment;
- d) To provide guidelines for redressal against any act of sexual harassment in the workplace.
As mandated by the POSH Act, the role of the Management of the TJIYLC 2019 also extends to the following activities:
- a) Treat sexual harassment as misconduct under the service rules and take appropriate action for the same;
- b) Maintain a proactive program to educate all Employees about the definition of sexual harassment at workplace and procedure for redressal;
- c) Provide assistance to the aggrieved individual who is a woman, if she chooses to file a complaint in relation to the offence of sexual harassment at workplace under the Indian Penal Code (IPC) or any other applicable law.
- d) Cause to initiate action, if the aggrieved individual who is a woman so desires, against the perpetrator for the offence of sexual harassment at workplace under IPC or any other applicable law if the perpetrator is not an Employee of the workplace at which the incident of sexual harassment took place.
- e) Educate the team that the TJIYLC 2019 has a zero tolerance towards sexual harassment at workplace and any such misconduct will be directly reported to the IC established within the TJIYLC 2019;
- f) Ensure that all complaints pertaining to sexual harassment at workplace, if brought to their attention by an Employee, are immediately communicated to the relevant IC;
- g) Ensure that any written or oral complaints pertaining to sexual harassment at workplace received by them from their subordinate(s) are immediately (within 24 hours) forwarded to the relevant IC;
- h) Ensure the Complainant(s) that such complaints will be taken seriously by IC and will be inquired as per this Policy and provisions of the law;
- i) Ensure the Complainant(s) that they would not face retaliation of any kind of reporting such incidents to the IC;
- j) Ensure the Complainant/ Respondent/s, or witnesses that they would not face any undue victimization within the TJIYLC 2019.
- k) Maintain the confidentiality of all information disclosed as to any incident of sexual harassment and in the course of the relevant investigations (in instances where the such manager and team leader is made aware of any details of an on-going investigation and in instances where the aggrieved person approaches their manager or team leader directly with a complaint).
4.2 Responsibilities of the Employees: At the TJIYLC 2019, all Employees are expected to uphold the highest standards of ethical conduct at the workplace and in all their interactions with business stakeholders. The Employees have a responsibility to:
- a) Treat each other with respect;
- b) Follow the letter and spirit of law;
- c) Refrain from any unwelcome behavior that has a sexual connotation (of sexual nature);
- d) Refrain from creating hostile environment at workplace via sexual harassment; and
- e) Refusing to participate in any activity which constitutes sexual harassment;
- f) Supporting their colleagues at the TJIYLC 2019 to reject unwelcome sexual behaviour;
- g) Report sexual harassment experienced to IC immediately and abide by the complaint handling procedure of the TJIYLC 2019.
- h) Act as a witness if the person being harassed decides to lodge a complaint to the IC of the TJIYLC 2019.
4.3 All are encouraged to advise others of behaviour that is unwelcome. Often, some behaviour is not intentional. While this does not make it acceptable, it does give the person behaving inappropriately, the opportunity to modify or stop their offensive behaviour.
5. REDRESSAL MECHANISM
- 5.1 Any Employee, who is experiencing any such misconduct as mentioned in the Section 3 of this document or identifies another Employee who is experiencing such misconduct shall approach the IC through a mail.