Greenpeace India is committed to provide a work environment free from discrimination and to prohibit harassment of its employees including sexual harassment. Greenpeace India will fully comply with applicable law rules and regulations in the area of sexual harassment and that such behavior against women is prohibited by the law as set down in “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and Rules framed thereunder being the “The Sexual Harassment of Women at Workplace” (hereinafter referred to as “Act”) as well as the terms of employment. Commission of any act of sexual harassment as defined in the Act and in this Policy shall result in strict disciplinary action. Every employee working with us is valuable, and we would like to promote a culture that is inclusive, respects individuals, and have a healthy environment where the genders complement each other towards accomplishing the goals of the Organization.
Through this policy we aim to outline:
– Methods to be used for gender sensitization
– Process for employees to raise Sexual Harassment issues
– Redressal procedure
– Responsibility & accountability of the different stakeholders
a) This policy is being revamped and reintroduced to enable and support equal opportunities to all and the freedom to express and call out any form of Sexual harassment at workplace.
b) Green Peace India is committed to creating an enabling environment where all employees can work without any fear of sexual discrimination and sexual harassment.
c) Sexual Discrimination, harassment, abuse in any form and nature is absolutely prohibited. The company would like to provide a safe environ and maintain a culture where no employee indulges in practices that are detrimental to the core values of Greenpeace which is to act with accountability, mutual trust, and respect for individuals,
d) The intent of having this policy is to outline the measures in place for preventing any form of Sexual Harassment and to assist in dealing with such issues that may arise at the workplace
e) This policy covers & provides for strict disciplinary action against any victimization of the employee who is complaining or the alleged harasser that may result from a complaint.
B. Scope & Applicability
f) The policy will cover all Employees, Consultants, Interns & Volunteers
▪ Working in all offices and/ or other premises / locations where Greenpeace operates, and conducts its business
▪ Participating in any social, business or any other events, training/workshops where the conduct or conversation or comments may have an adverse effect on interpersonal relations and create workplace hostility disrupting the core values of the organization.
• ‘Employee’: Employees of Greenpeace are persons working in the organization for any work on regular, temporary or ad-hoc basis, and includes probationers, consultants, interns and volunteers and job seekers. • ‘Employer:’ All references to ‘employer’ in this policy shall be construed as a reference to the Entity with whom the Contractual agreement exists for the ‘Employee’ of Greenpeace.
• ‘Respondent’: Respondent is a person against whom a complaint of sexual harassment has been made. • ‘Aggrieved’: It is a person of any age whether employed or not, who alleges to have been subjected to any act of Sexual Harassment by the respondent.
• ‘Sexual harassment’: Sexual harassment includes but is not limited to would mean any one or more of the following unwelcome sexual acts, behavior, gestures or comments (whether directly or by implication):
▪ Unwelcome physical, verbal, non-verbal conduct, contact and advances of sexual nature:
Example: unwelcome physical intimacy such as pinching, inappropriate t
touching, brushing or patting, etc.
▪ Demand or request for sexual favors, directly or indirectly, including demands or requests made in person or through phones, SMS, emails or any other mode of communication
▪ Making sexually coloured remarks, including explicit or sexist jokes and comments with the intention of harassing the woman
▪ Showing pornography – in the form of pictures, cartoons, videos, written material, emails etc.
Sexual harassment would also include the following circumstances, where these occur in connection with any of the above acts or behaviours:
▪ Promise or preferential treatment in the person’s employment
▪ Interference with the person’s work or creating an intimidating or offensive or hostile work environment for the person.
▪ Threat about the person’s present or future employment status.
▪ Humiliating treatment likely to affect the person’s health or safety
Note- The above examples are not exhaustive and sexual harassment may cover many other acts that are of sexual nature or have the effect of creating a hostile working environment.
• Workplace: Workplace includes the GREENPEACE head office and all its branches in different parts of the country, and any place visited by the employee arising out of or during the course of employment, including travel for official purpose both within the country and outside the country.
I. Preventive Measures
Greenpeace India as the Employer shall abide by the law of the land and comply with the provisions of the “The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act (2013)” and the Vishaka Judgment (1997) .
All employee Contracts will carry clause on the workplace intolerance to sexual harassment
The Joining formalities will include a write-up on gender sensitivity and provide access to detailed available information on Green Net that will be followed up for compliance upon completion of 30 days
Gender Sensitization trainings will be imparted to all Employees by way of e-learning modules, self-paced tutorials.
Regular checks will be done through Quizzes to check on the awareness levels of all employees on the Policy, their duties and responsibility towards safe and healthy working
All employees will be provided with a laminated ‘visit card’ that will carry the contacts of the ICC to use in case of Emergency
Awareness Posters will be made available on Employee Communication Boards in all Offices.
It is also the duty and personal responsibility of all employees to ensure their behavior and all acts are not contrary to this policy.
Keeping the workplace safe is the responsibility of the Senior Management Team, Human Resources Team, Managers, and Employees and the constituted ICC by providing recommendations and suggestions from to time to time to ensure safe environment for all and particularly women employees.
II. Responsibility of the Stakeholders involved:
Senior Management Team (SMT)
i. Provide a safe working environment at the workplace
ii. Display at all conspicuous place in the workplace the penal consequences of sexual harassments and the details of the ICC
iii. Treat sexual harassment as a misconduct under its service rules and initiate action for such misconduct
iv. The office commits to ensure that it will not allow retaliation against any employee who complains of sexual harassment or provides information in connection with any such complaint.
v. Provide assistance to the ICC for conducting inquiries and holding their periodic meetings. vi.Action on the recommendations of the ICC should be taken within 10 working days.
vii. Provide support to the complainant to initiate action under Indian Penal Code or under any other law if the complainant desires to do so. Sexual harassment is a civil offence. If the offence is of a criminal nature, i.e. rape, stalking etc. (which have been made criminal offences in the new Criminal amendment Act) it should be reported to the police and an FIR lodged.
viii. Monitor the timely submission of reports by the ICC.
ix. Include in the Annual Report of GREEN PEACE India the number of cases of sexual harassment filed in the year and their status; and provide the list of programs and communication on gender sensitization at the workplace
i. Will be the custodian of this Policy, and will have the responsibility to review the policy with the SMT and ICC on an annual basis and on receipt of any feedback from time to time make modifications and communicate to employees.
ii. Will also be responsible for referencing and incorporating the Greenpeace India’s philosophy on Sexual Harassment and the actions for non-compliance in all employment contracts, Greennet, and the external Organizations website.
iii. Help the SMT to constitute the ICC as required / prescribed under the Act and to ensure fair representation of employees and with at least one external member who is eminent and is a knowledgeable individual.
iv. Facilitate and organize workshops and awareness programs at regular intervals for sensitizing employees with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
v. Ensure that all sexual harassment complaints are handled by the ICC for redressal vi. Extend support, and provide any information that the ICC would require for conducting their enquiries.
I. It is mandatory for employees to attend training, workshops on awareness, education and refresher in e learning and / or class room formats. Non attendance or participation will be construed as misconduct II. Employees may also suggest and make recommendations to help have a gender neutral workplace free of bias, prejudice and preference.
III. An employee who believes he or she or any other employee is a victim of sexual harassment must immediately report such incident to the designated ICC.
IV. Any employee who is called upon to testify or as a witness must extend support, and provide any information that the ICC would require for conducting their enquiries.
i. Investigating every formal written complaint of sexual harassment.
ii. Provide recommendations to any substantiated allegations of sexual harassment. (Provide link to the actions that ICC can suggest)
iii. Maintain confidentiality at all times
iv. Maintain documentation of the complaint, the investigation and the recommendation for action and the action taken.
v. Maintain reports of appeals if any.
vi. Prepare a quarterly report and then an annual report.
vii. Try for restorative justice rather than retributive justice.
viii. Keep abreast of any new developments with regard to changes in law, government circulars etc. ix. The ICC may take up anonymous or third party complaints, if they see the need. x. Advise the SMT & HR on how to take steps, ways, and measures that will help discourage and prevent employment-related sexual harassment to ensure the workplace is safe.
i. The Board of Greenpeace India play a key role in ensuring that the policy implementation is followed in letter and sprit.
ii. The Board will also take regular updates on the functioning of the ICC & the periodic reports that the ICC will provide.
iii. The Board will recommend, suggest & mandate amendments to the policy as & when they feel necessary.
Greenpeace India has instituted a central Redressal Committee, which is known as the ‘INTERNAL COMPLAINTS COMMITTEE’ (ICC) for addressing all complaints of Sexual Harassment to ensure timely investigation and action with adequate representation from all branches, locations.
The Internal Complaints Committee will comprise of the following:
§ Presiding Officer – Shall be a woman employed at a senior level at workplace amongst the employees.
§ Two members – Shall be amongst employees preferably committed to the cause of woman or who have an experience in social work or have legal knowledge.
§ One Member – amongst Non-Governmental Organizations or associations committed to cause of woman or a person familiar with the issues relating to sexual harassment.
Provided that at least one half of the total Members so nominated shall be women. Additional members will be added as may be required from time to time.
The nomination will be made by the management committee and reviewed from time to time.
At least 50% of the ICC shall be constituted by persons drawn from departments other than the Human Resources department of the organization.
Contact Details Of ICC Members
|1||Presiding Officer||[email protected]|
I. Any employee may make a complaint of sexual harassment in writing to the ICC within three months from the date of the incident, and in case there is continuous harassment, within a period of three months from the date of the last incident.
II. If there is a delay beyond three months, the ICC may extend the time limit on being satisfied about the circumstances that prevented the complainant from filing a complaint within the prescribed period by another 3 months.
III. If the complaint is of a grave nature, the ICC may act on its own without constraint of time limit, or explanations about delay, complying with the highest standards of due diligence. However, in all cases when a delayed complaint is taken up, the committee will explain its reasons in writing in its order, to justify doing so.
IV. The complainant can send a complaint, along with supporting documents and list of witnesses with their names and contact details to the ICC mail ID or to any members or all of the members.
V. The complainant can send a complaint, along with supporting documents and list of witnesses with their names and contact details to the ICC mail ID or to any members or all of the members.
VI. Any ICC member charged with sexual harassment in a written complaint must step down as member during the inquiry into that complaint. An ad-hoc member shall be appointed in his/her place.
VII. In case, either the complainant or respondent are close friends of any of the ICC members, they may recuse themselves.
I. On receipt of a complaint, the ICC will record it in a register maintained for this purpose, and the Presiding Officer will call a meeting of the ICC for further action.
II. The ICC shall prepare a prima facie report, with reasoned observations, recording the following:
● Whether the complaint is one of sexual harassment.
● Whether it would constitute sexual harassment at the workplace, if proved
● Whether the complaint falls within the jurisdiction of the ICC
● Any recommendations pending inquiry
III. Within seven working days from the date of the receipt of the complaint, the ICC will send to the respondent a copy of the complaint and the documents received from the complainant. If the complainant fears that there would be violence if her/his name is revealed. Then the ICC will request the respondent to ask questions that will be routed through the ICC as an email, and if the respondent does not acknowledge receipt of the same, then it shall be sent in a written from. If the respondent does not receive the documents for three times, an ex-parte decision will be taken on the matter
IV. The respondent is required to submit, within ten days of receipt of the complaint a reply to the complaint along with a list of supporting documents, and the names and addresses of witnesses.
V. In case there is a request from the complainant before initiating the inquiry, the ICC shall take steps to conciliate the matter between the complainant and the respondent. The ICC will exercise caution and due diligence to ensure that the conciliation is not adverse to the complainant. No pressure shall be brought to bear on the complainant to agree to a conciliation. Conciliation cannot be made on the basis of monetary settlement. If a settlement is arrived at, the ICC has to record the same and forward it to the employer for necessary action, and give copies of the settlement to the complainant and the respondent.
I. In case no conciliation is arrived at, the ICC shall then initiate an inquiry and submit a report within three months. The ICC has the same powers as are provided for civil courts under the Code of Civil Procedure for summoning persons and documents, and may set the procedure for conduct of proceedings.
II. The HR Head or any other responsible person that can secure confidentiality will provide all necessary assistance to the ICC including securing the attendance of the respondent as the case may be.
III. The employer will also make available all necessary facilities to the ICC for dealing with the complaint.
IV. In case there is any need for travel for either the Complainant or the Respondent, then the costs of travel & the stay will be borne by the organization.
V. Both parties have a right to produce oral or documentary evidence in their favor. In order to maintain neutrality, and to provide a process that is intimidation free the witnesses of both the parties maybe examined, cross examined and questioned by the ICC.
VI. Both parties have an option of taking assistance of a next friend of their choice, except legal counsel. The complainant/respondent shall intimate to the ICC the name and particulars of the person whom she/he desires to be the assistant. The ICC has a right, with reasons to be recorded in writing, to reject the particular assistant proposed.
VII. The ICC shall maintain a record sheet of the proceedings on each day of inquiry and will communicate to the concerned Complainant & Respondent the final decision that is arrived at
VIII. The members of the ICC, SMT, HR, Complainant, and Respondent shall maintain strict confidentiality at all times, of the identity of the complainant and the respondent, details in the complaint and the evidence produced, as well as any other particulars that would identify the complainant and details of the incident
IX. The ICC shall have the right to terminate the inquiry proceedings or to give an ex parte decision on the complaint, if the complainant or respondent fails to present herself or himself without sufficient cause for three consecutive hearings convened by the Presiding Officer, after giving a seven days’ notice to the party concerned.
The inquiry shall not be invalidated on account of delays in one or more of the stages in the inquiry procedures, on account of reasonable grounds or circumstances beyond the control of any of the parties or the ICC, the inquiry must continue and remains valid. It is important that the reason for delay be noted in the minutes of the inquiry meeting as well as in the final opinion and later, in the annual report submitted to the employer.
The nature of action recommended should be proportionate to the gravity of the incident.
• The ICC may provide interim reliefs and direct the employer to do the following;
paid leave for a period of one month to the complainant;
• Restrain the respondent from reporting on the work performance of the complaint; • Restrain the respondent from supervising the complainant’s activity
• Or any other relief that the ICC deems fit, on its own initiative or upon the request of the complainant.
• Where the ICC arrives at a conclusion that the allegation against the respondent has been proved, it shall recommend to the employer to take any action, including a written apology, warning, reprimand, censure, withholding of promotion, withholding of pay rise, payment of compensation, terminating the respondent from service or undergoing a counseling sessions or carrying out community service.
• The ICC may also recommend payment of compensation to the complainant by the respondent and/or the organization. The following factors shall be taken into account in determining the compensation:
❖ The mental trauma, pain, suffering and emotional distress caused to the aggrieved person; ❖ The loss in the career opportunity due to the incident of sexual harassment;
❖ Medical expenses incurred by the victim for physical treatment or counseling;
❖ Feasibility of such payment in lump sum or in installments.
Any person aggrieved (complainant or respondent) from the recommendations related to the quantum or nature of penalties made by the ICC, or the non-implementation of such recommendations by the employer, may file an appeal within three months of the recommendations made by the ICC.:
– As a first step to the ED of the organization, who will refer the matter back to the ICC and take a suitable decision on the matter to be communicated back to the aggrieved persons / parties, within 10 days of the appeal having been made.
– In case the above does not satisfy the aggrieved, then they can appeal again
– Within 10 working days, and the matter will be reviewed by the ED with the SMT and at least 2 Board Members and responded to the aggrieved in 10 working days
– After all the above efforts, the aggrieved is still dissatisfied, then they appeal to the Court or the Tribunal
a) The ICC is mandated to meet to hold inquiries into complaints of sexual harassment. b) The ICC will meet at least three times a year in addition to meetings held for inquiry. c) The quorum for the purpose of all meetings of the ICC including inquiries is 3.
d) Any decision should be carried out by simple majority of those present and voting. The external member shall have the casting vote in the event of equality of votes.
The ICC presiding officer will share the findings along with the recommendations of cases that the ICC handles with the ED & the HRD of Greenpeace India
▪ The ICC must submit a quarterly report to the SMT who shall present it to the Board of Greenpeace India.
▪ The ICC must submit an annual report to the SMT in the month of April
The following details should be provided in the Quarterly & the Annual Report
a) Number of complaints of sexual harassment received in the year;
b) Number of complaints disposed of during the year;
c) Number of cases pending for more than ninety days;
d) Nature of action taken by the employer.
a) Prohibition of publication or disclosing the content of complaint or inquiry proceedings
The contents of the complaint made, the identity and addresses of the aggrieved, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of ICC and the action taken by the employer shall not be published, communication or made known to the public, press or media in any manner.
Any person who violates the above shall be penalized by the employer with such amount as may be prescribed in the applicable statutory rules.
However justice secured to any victim of sexual harassment can be disseminated without disclosing the details mentioned above.
b) Action for false and malicious complaints
In the event of the ICC after the due diligence of its investigation ascertains that the complainant or the witnesses have provided information that are malicious, and false then, it may recommend to the employer to take necessary action as appropriate from a censure to termination as the case maybe .
c) Further reference & guide
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 http://www.iitbbs.ac.in/notice/sexual-harrassment-of-women-act-and-rules-2013.pdf
d) Policy Implementation and Review
This policy will be periodically revised and is subject to modification. Any amendment or waiver of any provision of this Code must be approved in writing by the Organization’s Board of Directors, or such other committee as may be decided, and promptly disclosed on the Company’s website and in applicable regulatory filings pursuant to applicable laws and regulations, together with details about the nature of the amendment or waiver.
Policy Modified and made Effective from : 18th Nov 2015
For : All Staff of Greenpeace India
Responsible for Monitoring and ownership : India Executive Director
Approval pathway : Greenpeace India SMT , Greenpeace India Board
Qn. I am quite at discomfort with the way a colleague of a different sex interacts with me, I am not able to label it as sexual, but I am not all at ease at all with the behavior.
Ans. You have a couple options:
– You may contact your HR partner, and discuss the situation. The HR Partner may based on your account of the things will plan the steps to assist you in the matter:
▪ If it appears to be having a bearing to Sexual Harassment as outlined in section III( e) of the POSH policy, then it will be forwarded to the ICC
▪ If it does not appear on the face of it t both of you as a case of Sexual Harassment then it may involve with the HR Partner talking to your colleague to get a perspective, and also convey your anxiety without divulging your identity and let the individual know that behavior has to be altered, with a note to the Manager, and a copy of the same will be retained in the Personnel file . In case you do not see a change you may report the matter back to the HR, who will then take the matter up with the Manager of the individual and in consultation with the Senior
Management will take appropriate steps which may range from a strong warning with consequences to holding an enquiry and if the findings show unacceptable norms of behavior amounting to misconduct / impropriety then termination will also be pronounced.
However, you are equally empowered to take up the matter if you also see this happening to another colleague who is not comfortable in taking it the notice of the HR or the Manager. And the options as above would apply as well.
Qn. I have not been a good performer and I feel harassed by my manager, what recourse do I have and what support can I get from the Management
Ans. If you are poor or a non-performer, there are other organizational remedies to support and help you to improve your productivity. Under no circumstances do we encourage any form and type of harassment.
Please do not hesitate to discuss the issue with the Manager of your Manager and HR, so that you are helped to focus on improving your performance rather than get under the pressure of harassment of any sorts, and if you feel its Sexual abuse then take it directly to the ICC.
Qn. This policy makes reference to the constitutional statute and it is more towards sexual harassment of women, what do people of other genders do if they are sexually harassed as well, can they too take to the process narrated in the POSH policy ?
Ans. This policy is although created in the lines required under the legal Act, it will be applicable across all genders, and there will be no variance in the way the process will be followed. Green peace believes in Equal Opportunity and treating all staff under the same laid out organizational standards.
Sexual Harassment Policy (https://greennet.greenpeace.org/content/127303) Version 31 Last modified: Tuesday, November 17, 2015
Page owner: Mr. Hafiz Mecci
Printed: Tuesday, November 17, 2015
Qn. How will you ensure that there is no misuse of this policy?
Ans. We want to build a healthy workplace where people come for achieving the shared objectives of the Organization and would want everybody to contribute to the spirit of working together in a professional and ethical manner.
Policies and guidelines are put in place reiterating our Philosophies and to deal with things that are detrimental to the set principles of working and operating the Organizational mission.
The affirmative and punitive actions will apply for misuse and misleading of any workplace policy that is set to help us to work in a professional manner.
Qn. I had a very close relationship with a colleague at work, but owing to some differences, I decided to be a supporting colleague, but the other person now harasses me, and I have said that I will take it to HR and my colleague says that there are evidences that are available which will prove my allegation false.
Ans. Developing good relationships at the workplace is healthy and during the course of interactions at the workplace, possibilities exist for people to get close to some more than others, however at no point should anybody take advantage of a relationship that is terminated and use that pretext to harass or sexually abuse the other.
This will be treated as a serious breach and we would urge you to report the matter irrespective of the gender or the matter can be reported on behalf of the Victim.
If it is general abuse please report to the Manager and /or the HR, and if its Sexual assault/ abuse write in directly to the ICC.