Convergent

1. PREFACE

Corporate India has a diverse workforce. Over the years, companies have been focusing on driving gender diversity and inclusivity at the workplace. Their aim is to create a comfortable environment that encourages growth and development. Working in an environment that is hazard free is not a choice — it is the right of all employees. Today, with more and more women joining the workforce, companies need to ensure that their establishments are safe so that their women employees feel secure and can work at ease. One of the major threats to impair this feeling of insecurity is sexual harassment of women employees at workplace. The movement against sexual harassment in general and protection of women has been growing. In many cases, unfortunate incidents, media reports and people’s heightened awareness have brought to the fore the dark side of the corporate coin. This led to the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (hereinafter referred to as ‘the Act’). In light of the above and in accordance with the provisions of the Act, the Company has devised this Policy on Protection, Prevention & Redressal of Sexual Harassment of employees at Workplace.

2. OBJECTIVE

Convergent View Research & Consultancy Private Limited (herein referred to as the “Company) is an equal employment opportunity company and is committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and sexual harassment. The Company also believes that all employees of the Company, have the right to be treated with dignity. The company is committed to protection of sexual harassment at workplace and to give effect to be provisions of Article 14, 15 and 21 of the Constitution of India.

The Company has a zero tolerance for harassment, intimidation, or humiliation of a sexual or gender- based nature in its workplace and is dedicated to ensuring enactment, observance and adherence to guidelines and best practices that prohibit and prosecute acts of sexual harassment. In accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (SH Act), the Company has provided a framework in this policy to specifically deal with acts of sexual harassment at the workplace. While the SH Act is only intended to protect women, the Company is committed to providing a workplace free of sexual harassment, and so this policy is intended to be gender neutral and will apply uniformly in case of sexual harassment of any person, irrespective of the gender of the parties.

3. SCOPE OF POLICY

This policy is applicable to all complaints of sexual harassment at work made by and against 'Employees' of the Employees for the purpose of this policy shall include all permanent and temporary employees, probationers, trainees, apprentices and also contract workers or vendors/consultants working on the Company’s premises. In the case of an allegation of sexual harassment made against a contract worker, the Company will work with the direct employer of the alleged offender to decide how the matter should be dealt with.

This policy covers not only sexual harassment in the workplace, but also instances where individuals covered by this policy have occasion to interact on a work-related basis including office cab/transport, business trips/travel, off-site training programs or conferences, assignments outside the office premises, social events/functions/gatherings, telephone calls/faxes/electronic, mail/social media, or any other form of communication, The Company will not tolerate any form of sexual harassment if engaged in by its Employees, clients or suppliers or any other business associates if such conduct occurs on the Company’s premises or during the Employee's work for the Company. Workplace includes all premises including Corporate Office, head office, branch offices, and all other premises, locations, establishments, institutions, units, sites controlled directly or indirectly by the Company and/or where from the business of the Company is conducted;

4. SEXUAL HARASSMENT

Sexual Harassment includes any one or more of following unwelcome acts or sexually determined behaviour (whether directly or by implication):

unwelcome sexual advances involving verbal, non-verbal, or physical conduct, implied or explicit
physical contact and advances including touching, stalking, sounds which have, express or implied, sexual connotation/overtones, molestation; or
demand or request for sexual favours; or
making sexually coloured remarks including but not limited to vulgar/indecent jokes, letters, phone calls, text messages, e-mails, gestures ; or
using sexually abusive language or signs in the presence of woman employee; or
Teasing, voyeurism, innuendos and taunts, physical confinement or touches against the will and likely to intrude upon one’s privacy; or
Showing pornography or the likes; or
Any other unwelcome physical, verbal or non-verbal conduct of sexual

The following circumstances, among others, if any, occurs or is present in relation to or connected with any act or behaviour 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

5. INTERNAL COMMITTEE:

An Internal Committee (IC) is set up by the Company as per the provisions of the SH Act which will deal with all cases of alleged sexual harassment escalated to it by any Employee or an authorized representative of such Employee. Such authorization must be given in writing by the Employee. The Company shall have the right and absolute discretion to remove or replace any member of the IC, if the Company believes this is necessary or appropriate. The IC is responsible for investigating every formal written complaint of sexual harassment and making recommendations to the Company on the actions to be taken against the respondent. The names and contact details of the members of the IC are set out in Annexure A and are also available on the Company's website/internal employee portal and notice boards at offices.

Every member of the committee shall hold office for a maximum period of 3 (three) years only.

The IC is vested with the same power of a civil court under, under the Code of Civil Procedure while dealing with a case under the SH Act which includes-

summoning and enforcing the attendance of any person and examining him under
requiring discovery and production of documents; and
Any other prescribed

6. REDRESSAL PROCEDURE:

A. COMPLAINT

Any person who has been subjected to Sexual harassment must make a complaint in writing to any member of IC, as per the details given in Annexure A, preferable within a period of 3 months of the date of incident of sexual harassment or in case of series of incidents, with in a period of 3 months from the date of last incident. The IC may extend the period of 3 months for filing any complaint, if it is satisfied that circumstances was such that reasonable prevented the complainant to make a complaint with in the said

In case, the person who has subjected to Sexual Harassment, is not able to make a complaint in writing, member of IC shall render such person all assistance to make the complaint in writing.
Where the Complainant is unable to make a Complaint on account of her/his physical incapacity, a Complaint may be filed by
1. Her relative or friend; or
2. Her co-worker; or
3. An officer of the National Commission for Women or State Commission for Women; or
4. Any person who has knowledge of the incident, with the written consent of the Aggrieved
Where the Complainant is unable to make a Complaint on account of her mental incapacity, a Complaint may be filed by –
1. Her relative or friend; or
2. A special educator; or
3. A qualified psychiatrist or psychologist; or
4. The guardian or authority under whose care she is receiving treatment or care; or
5. Any person who has knowledge jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;
Where the Complainant for any other reason is unable to make a Complaint, a Complaint may be filed by a person who has knowledge of the incident, with her written consent;

Where the Complainant is dead, a Complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir(s).
The Complainant shall file minimum six copies of the
The complaint shall consist of name of the Respondent(s), date and details of incident of sexual harassment, name and details of witness, if any, along with the supporting
On receipt of the complaint, IC shall send a copy of the complaint to the Respondent, with in 7 (seven) working
The Respondent shall file his reply to the complaint along with supporting documents and

B. RESOLUTION, SETTLEMENT, OR PROSECUTION PROCEDURE

Conciliation
1. The IC may, before initiating an inquiry and at the request of the complainant, take steps to settle the matter between the complainant and the respondent through conciliation, provided that no monetary settlement shall be made as a basis of
2. The IC shall record the settlement and provide the copies of the settlement to both the complainant and the respondent, and no further inquiry shall be conducted by the
Inquiry into the complaint:
- Where the complainant informs the IC that any term or condition of the settlement arrived at as part of the conciliatory proceedings has not been complied with by the respondent, or if the complainant does not request for conciliation, or if the conciliation process fails, and where the respondent is an employee, the IC would proceed to make an inquiry into the complaint in accordance with the provisions of this
- Quorum for the inquiry proceedings shall be minimum 3 members of the IC including the Presiding
- Both the respondent and the complainant (unless specifically exempted by the IC in writing) shall be required to attend every hearing that they have been called If either party fails to attend three consecutive hearings without sufficient cause, the IC may terminate the inquiry or pass an ex parte order with fifteen days’ notice.
- While conducting the inquiry, the IC shall call upon such witnesses as it may deem appropriate and provide a reasonable opportunity of being heard to both, the complainant, and the
- If considered appropriate by the IC, all meetings of the IC including with the complainant, the respondent or any witnesses shall be held at such a venue as decided by the IC or in a private room within the office or such other location to ensure the protection of all parties and confidentiality of
- The complainant, the respondent, or any other person that the IC meets with, interacts with, or has a teleconference or video conference with, for the purpose of enquiry into any complaint of sexual harassment shall be bound by strict confidentiality and each such party shall not be permitted to discuss the proceedings with any third
- All the proceedings will be summarized by the IC. In the event either the complainant or the respondent is desirous of submitting a statement in writing or reviewing the summary of discussion prepared by the IC, such statement shall be endorsed by such party in token of authenticity thereof and submitted to the
- On completion of the inquiry, the IC will prepare a report of its findings and recommendation for action to be taken by the Company and submit the same to the HR Head or Director of the company within 10 days from the completion of inquiry. The HR Head or Director of the Company shall act within 30 days of receiving the
- IC shall complete the inquiry within a period of 90 (Ninety) days from the date on which the Complaint is
Interim Measures during pendency of inquiry
During the pendency of the inquiry, on a written request made by Complainant, the Internal Committee may recommend the Company to:
- Transfer the Complainant or the Respondent to any other workplace; or
- Grant leave to the Complainant up to a period of three months; or
- Restrain the Respondent from reporting on the work performance of the Complainant or writing her confidential report, and assign the same to another officer
IC's recommendation and action by the Company
1. Direct the respondent to undergo training or counselling to address any specific issues.
2. Direct the respondent to provide a written apology to the complainant clearly indicating that such behavior will not be repeated and that no retaliatory steps will be taken by him/her or others on his/her behalf against the complainant.
3. Transfer the respondent.
4. Give a verbal or written warning which will also be noted in the respondent's record.
5. Withhold increment or bonus (whether in full or part).
6. Withhold promotion.
7. Direct termination or suspension of employment of the respondent.
8. Any other recommendations as it may deem fit.
The Company shall take an action on the recommendations of IC within sixty days(60Days)
1. The IC may also recommend to the Company to deduct a compensatory sum from the salary of the respondent and pay it to the complainant or the respondent may be directed to pay the compensatory amount to the
2. In the event the IC concludes that the respondent is not guilty, the Company shall not take any further
3. If the complainant desires to take criminal action against the respondent, there shall be no objection by the IC and the Company. In such an event, the Company will attempt to provide all reasonable assistance to the complainant. The Company may also choose to take criminal action against the
Punishment for malicious complaint or false evidence
If an Employee is found to have raised a malicious or false Complaint or given any false evidence against another person in order to prejudice that person, the complainant or such person making evidence may also be subject to appropriate disciplinary action, which may include termination of employment, engagement or relationship with the Company, as the case may be.

7. THIRD -PARTY HARASSMENT:

The Company stands committed to take appropriate preventive and remedial action to prevent sexual harassment of its employees by third parties during work for the Company. Where sexual harassment occurs because of an act by any third party or outsider in the course of work for the Company, the Company would take all steps necessary and reasonable to assist the complainant in terms of support and preventive action.

8. CONFIDENTIALITY:

The Company understands that it is difficult for a victim to come forward with a complaint of sexual harassment and recognizes the victim/complainant's interest in keeping the matter confidential.

To protect the interests of the victim/complainant, the respondent, witnesses, and others who may assist with the inquiry into a complaint of sexual harassment, confidentiality will be maintained throughout any investigatory process to the extent practicable and appropriate under the circumstances. The IC, the Company, the complainant, the respondent, and the witnesses would be bound to keep information relating to the inquiry process confidential.

The complainant, respondent, witnesses, and members of the IC who are employees of the Company who breach the confidentiality of the inquiry process would be liable for disciplinary action up to and including termination.

9. ACCESS TO REPORTS AND DOCUMENTS

All records of sexual harassment complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Company, except where disclosure is required under disciplinary or other remedial processes.

10. AWARENESS ABOUT THE POLICY:

All the Employees including vendors, contract workers and consultants who work out of the premises of the Company shall have access to this policy at any given point of time and clarification related to this policy shall be addressed by the HR Team.

A brief shall be given to all existing employees regarding the features of this policy immediately on formulation of the policy and to new employees during their initial induction with the Company.

11. ANNUAL REPORT

The IC shall prepare an annual report in each calendar year specifying the number of complaints of Sexual Harassment received in the year., number of complaints of Sexual Harassment disposed off

during the year, number of cases of Sexual Harassment pending for more than 90 days, number of workshops or awareness programs against Sexual Harassment carried out, and the nature of action taken by the Company

This report must be submitted to the Board of Directors of the Company and the District Officer by IC in each calendar year, who will in turn forward it to the state government.

12. DUTIES OF THE COMPANY

The Company shall undertake the following preventive measures to ensure that Sexual Harassment does not occur:

Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;
Placing a copy of this Policy on the website of the Company or such prominent places as a continual reminder to the Employees of the Company’s Policy on Sexual Harassment;
Providing a copy of the Policy to all the Employees and to communicate the process of reporting Sexual Harassment to all the Employees; and
Sensitizing the Employees and provide training related to Sexual Harassment issues to its
Display at any conspicuous place (like notice boards) in the workplace, posters against Sexual Harassment with the contact details of the Internal Committee members and the penal consequences of Sexual
Allowing all employees to raise their concerns and issues on sexual harassment in the workplace at appropriate forum for affirmative discussion from time to time

13. MODIFICATIONS AND REVIEW OF THE POLICY:

The Company reserves the right to modify and, or review the provisions of this policy, to comply with applicable legal requirements or otherwise to the extent deemed necessary by the Company from time to time. Any such changes or modifications may be notified by the Company to its employees at the earliest.

Policy on Prohibition, Prevention & Redressal of Sexual Harassment at Workplace