POSH Policy
Prevention of Sexual Harassment at Workplace Policy
1. Introduction
TechEvolvo Technologies Pvt Ltd is committed to providing a safe, secure, and respectful workplace environment for all employees. This policy is in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
No woman shall be subjected to sexual harassment at any workplace.
2. Scope and Workplace Definition
This policy applies to all employees, contractors, vendors, clients, and visitors. "Workplace" includes:
- Company premises and offices
- Any place visited by employee during course of employment
- Transportation provided by employer
- Remote work locations and virtual meetings
- Client sites and off-site work locations
3. Definition of Sexual Harassment
Sexual harassment includes any unwelcome sexually determined behavior, whether directly or by implication:
- Physical contact and advances
- Demand or request for sexual favors
- Making sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature
The following circumstances 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 intimidating, offensive, or hostile work environment
- Humiliating treatment likely to affect health or safety
4. Internal Complaints Committee (ICC)
TechEvolvo Technologies Pvt Ltd has constituted an Internal Complaints Committee as per Section 4 of the Act. The committee comprises:
- Presiding Officer: A senior woman employee
- Not less than two employee members, preferably committed to women's causes or with experience in social work or legal knowledge
- One external member from NGO or association committed to women's causes or familiar with sexual harassment issues
- At least half of total members shall be women
Members hold office for a period not exceeding three years.
5. Complaint Procedure
Any aggrieved woman may file a complaint:
- Submit written complaint to ICC within 3 months of incident
- In case of series of incidents, within 3 months from date of last incident
- ICC may extend time limit by additional 3 months if circumstances prevented timely filing
- If unable to make complaint in writing, ICC members will provide reasonable assistance
- In case of physical/mental incapacity or death, legal heir or authorized person may file complaint
6. Inquiry and Redressal Process
The ICC will conduct inquiry as per the Act:
- Inquiry to be completed within 90 days
- Both parties will be given opportunity to be heard
- ICC has powers of civil court for summoning witnesses and documents
- Report of findings provided within 10 days of inquiry completion
- Employer to act on recommendations within 60 days
Actions may include:
- Warning or counseling
- Written apology
- Transfer or suspension
- Deduction from salary as compensation
- Termination of employment
7. Interim Relief During Inquiry
On written request, ICC may recommend:
- Transfer of aggrieved woman or respondent to another workplace
- Grant leave up to 3 months (in addition to regular leave entitlement)
- Other relief as deemed appropriate
8. Protection Against Retaliation
No employee will face retaliation for filing a complaint in good faith or participating in an investigation. Any retaliation will be treated as a separate violation and misconduct.
9. Confidentiality
As per Section 16 of the Act, the contents of complaint, identity of parties, witnesses, inquiry proceedings, and recommendations shall not be published or made known to public, press, or media. Violation attracts penalties under the Act.
10. False or Malicious Complaints
If ICC concludes that allegation is malicious or false complaint was made knowingly, action may be taken against the complainant. However, mere inability to substantiate a complaint or provide adequate proof will not attract action.
11. Appeal
Any person aggrieved by ICC recommendations may prefer an appeal to appropriate court or tribunal within 90 days of the recommendations.
12. Employer Duties
TechEvolvo Technologies Pvt Ltd commits to:
- Provide safe working environment
- Display penal consequences and ICC details at conspicuous places
- Organize regular awareness workshops and training programs
- Provide necessary facilities to ICC for inquiry
- Assist in securing attendance of respondent and witnesses
- Treat sexual harassment as misconduct under service rules
- Monitor timely submission of ICC reports
13. Contact Information
For complaints or queries related to this policy, please contact:
Last Updated: January 2025
This policy is in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013