{"id":13322,"date":"2022-04-14T06:52:09","date_gmt":"2022-04-14T06:52:09","guid":{"rendered":"https:\/\/www.greenpeace.org\/india\/?page_id=13322"},"modified":"2022-04-14T13:54:38","modified_gmt":"2022-04-14T13:54:38","slug":"posh-policy","status":"publish","type":"page","link":"https:\/\/www.greenpeace.org\/india\/en\/posh-policy\/","title":{"rendered":"Greenpeace India’s Policy on Prevention Of Sexual Harassment At Workplace"},"content":{"rendered":"\n
INTRODUCTION<\/div>

Greenpeace India is committed to provide a work environment free from discrimination and to prohibit\u00a0 harassment of its employees including sexual harassment. Greenpeace India will fully comply with applicable law\u00a0 rules and regulations in the area of sexual harassment and that such behavior against women is prohibited by\u00a0 the law as set down in \u201cThe Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)\u00a0 Act, 2013\u201d and Rules framed thereunder being the \u201cThe Sexual Harassment of Women at Workplace\u201d\u00a0 (hereinafter referred to as \u201cAct\u201d) as well as the terms of employment. Commission of any act of sexual\u00a0 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\u00a0 individuals, and have a healthy environment where the genders complement each other towards accomplishing\u00a0 the goals of the Organization.\u00a0
Through this policy we aim to outline:\u00a0
– \u00a0 \u00a0 \u00a0 Methods to be used for gender sensitization\u00a0
– \u00a0 \u00a0 \u00a0 Process for employees to raise Sexual Harassment issues\u00a0
– \u00a0 \u00a0 \u00a0 Redressal procedure\u00a0
– \u00a0 \u00a0 \u00a0 Responsibility & accountability of the different stakeholders
<\/p><\/div><\/div><\/section>\n\n

OBJECTIVE, SCOPE & APPLICABILITY<\/div>

A. Objective\u00a0\u00a0<\/strong>
a) This policy is being revamped and reintroduced to enable and support equal opportunities to all and\u00a0 the freedom to express and call out any form of Sexual harassment at workplace.\u00a0\u00a0
b) Green Peace India is committed\u00a0 to creating an enabling environment where all employees can work\u00a0 without any fear of sexual discrimination and sexual harassment.\u00a0\u00a0
c) Sexual\u00a0 Discrimination,\u00a0 harassment,\u00a0 abuse\u00a0 in\u00a0 any\u00a0 form\u00a0 and\u00a0 nature\u00a0 is\u00a0 absolutely\u00a0 prohibited.\u00a0 The\u00a0 company would like to provide a safe environ and maintain a culture where no employee indulges in\u00a0 practices\u00a0 that are\u00a0 detrimental\u00a0 to\u00a0 the\u00a0 core values\u00a0 of Greenpeace which is\u00a0 to act with accountability,\u00a0 mutual trust, and respect for individuals,\u00a0\u00a0
d) The intent of having this policy is to outline the measures in place for preventing any form of Sexual\u00a0 Harassment and to assist in dealing with such issues that may arise at the workplace\u00a0\u00a0
e) This policy covers & provides for strict disciplinary action against any victimization of the employee\u00a0 who is complaining or the alleged harasser that may result from a complaint.\u00a0
B. Scope & Applicability\u00a0<\/strong>
f) The policy will cover all Employees, Consultants, Interns & Volunteers\u00a0\u00a0
\u25aa Working\u00a0 in\u00a0 all\u00a0 offices\u00a0 and\/ or\u00a0 other\u00a0 premises\u00a0 \/\u00a0 locations\u00a0 where\u00a0 Greenpeace\u00a0 operates,\u00a0 and\u00a0 conducts its business\u00a0
\u25aa Participating in any social, business or any other events, training\/workshops where the conduct or\u00a0 conversation\u00a0 or\u00a0 comments\u00a0 may\u00a0 have\u00a0 an\u00a0 adverse\u00a0 effect\u00a0 on\u00a0 interpersonal\u00a0 relations\u00a0 and\u00a0 create\u00a0 workplace hostility disrupting the core values of the organization.
<\/p><\/div><\/div><\/section>\n\n

DEFINITIONS<\/div>

\u2022 ‘Employee’: <\/strong>Employees of Greenpeace are persons working in the organization for any work on regular,\u00a0 temporary or ad-hoc basis, and includes probationers, consultants, interns and volunteers and job seekers.\u00a0 \u2022 ‘Employer:’ <\/strong>All\u00a0 references\u00a0 to \u2018employer\u2019\u00a0 in\u00a0 this\u00a0 policy\u00a0 shall\u00a0 be\u00a0 construed\u00a0 as\u00a0 a\u00a0 reference\u00a0 to\u00a0 the Entity\u00a0 with\u00a0 whom the Contractual agreement exists for the \u2018Employee\u2019 of Greenpeace.\u00a0
\u2022 ‘Respondent’<\/strong>: Respondent is a person against whom a complaint of sexual harassment has been made. \u2022 \u2018Aggrieved\u2019: It is a person of any age whether employed or not, who alleges to have been subjected to any\u00a0 act of Sexual Harassment by the respondent.\u00a0
\u2022 ‘Sexual harassment’<\/strong>: Sexual harassment includes but is not limited to would mean any one or more of the\u00a0 following unwelcome sexual acts, behavior, gestures or comments (whether directly or by implication):\u00a0
\u25aa Unwelcome physical, verbal, non-verbal conduct, contact and advances of sexual nature:\u00a0\u00a0
Example: <\/em>unwelcome physical intimacy such as pinching, inappropriate t\u00a0
touching, brushing or patting, etc.\u00a0
\u25aa Demand or request for sexual favors, directly or indirectly, including demands or requests made in\u00a0 person or through phones, SMS, emails or any other mode of communication\u00a0\u00a0
\u25aa Making\u00a0 sexually\u00a0 coloured\u00a0 remarks,\u00a0 including\u00a0 explicit\u00a0 or\u00a0 sexist\u00a0 jokes\u00a0 and\u00a0 comments\u00a0 with\u00a0 the\u00a0 intention of harassing the woman\u00a0
\u25aa Showing pornography \u2013 in the form of pictures, cartoons, videos, written material, emails etc.\u00a0\u00a0
Sexual harassment would also include the following circumstances, where these occur in connection with any of\u00a0 the above acts or behaviours:\u00a0
\u25aa Promise or preferential treatment in the person\u2019s employment\u00a0
\u25aa Interference\u00a0 with\u00a0 the\u00a0 person\u2019s\u00a0 work\u00a0 or\u00a0 creating\u00a0 an\u00a0 intimidating\u00a0 or\u00a0 offensive\u00a0 or\u00a0 hostile\u00a0 work\u00a0 environment for the person.\u00a0
\u25aa Threat about the person\u2019s present or future employment status.\u00a0
\u25aa Humiliating treatment likely to affect the person\u2019s health or safety\u00a0
Note- The\u00a0 above\u00a0 examples\u00a0 are\u00a0 not\u00a0 exhaustive\u00a0 and\u00a0 sexual\u00a0 harassment may\u00a0 cover many\u00a0 other\u00a0 acts\u00a0 that\u00a0 are\u00a0 of\u00a0 sexual nature or have the effect of creating a hostile working environment.\u00a0\u00a0
\u2022 Workplace: <\/strong>Workplace includes the GREENPEACE head office and all its branches in different parts of the\u00a0 country,\u00a0 and\u00a0 any\u00a0 place\u00a0 visited\u00a0 by\u00a0 the\u00a0 employee\u00a0 arising\u00a0 out\u00a0 of\u00a0 or\u00a0 during\u00a0 the\u00a0 course\u00a0 of\u00a0 employment,\u00a0 including travel for official purpose both within the country and outside the country.<\/p><\/div><\/div><\/section>\n\n

PREVENTIVE ACTION & RESPONSIBILITY<\/div>

I. Preventive Measures\u00a0<\/strong>
Greenpeace India as the Employer <\/strong>shall abide by the law of the land and comply with the provisions of the\u00a0 \u201cThe\u00a0 Sexual\u00a0 Harassment\u00a0 of\u00a0 Women\u00a0 (Prevention,\u00a0 Prohibition\u00a0 and\u00a0 Redressal)\u00a0 Act\u00a0 (2013)\u201d\u00a0 \u00a0 and\u00a0 the\u00a0 Vishaka\u00a0 Judgment (1997) .\u00a0
All employee Contracts will carry clause on the workplace intolerance to sexual harassment\u00a0
The Joining formalities will include a write-up on gender sensitivity and provide access to detailed available\u00a0 information on Green Net that will be followed up for compliance upon completion of 30 days\u00a0
Gender\u00a0 Sensitization\u00a0 trainings\u00a0 will\u00a0 be\u00a0 imparted\u00a0 to\u00a0 all\u00a0 Employees\u00a0 by\u00a0 way\u00a0 of\u00a0 e-learning modules,\u00a0 self-paced\u00a0 tutorials.\u00a0
Regular checks will be done through Quizzes to check on the awareness levels of all employees on the Policy,\u00a0 their duties and responsibility towards safe and healthy working\u00a0\u00a0
All employees will be provided with a laminated \u2018visit card\u2019\u00a0 that will carry\u00a0 the contacts of\u00a0 the ICC\u00a0 to use in\u00a0 case of Emergency\u00a0
Awareness Posters will be made available on Employee Communication Boards in all Offices.\u00a0
It is also the duty and personal responsibility of all employees to ensure their behavior and all acts are not\u00a0 contrary to this policy.\u00a0\u00a0\u00a0
Keeping the workplace safe is the responsibility of the Senior Management Team, Human Resources Team,\u00a0 Managers, and Employees and\u00a0 the constituted ICC by providing recommendations and suggestions\u00a0 from\u00a0 to\u00a0 time to time to ensure safe environment for all and particularly women employees.\u00a0
II. Responsibility of the Stakeholders involved:\u00a0<\/strong>
Senior Management Team (SMT)\u00a0\u00a0
i. Provide a safe working environment at the workplace\u00a0
ii. Display at all conspicuous place in the workplace the penal consequences of sexual harassments and\u00a0 the details of the ICC\u00a0
iii. Treat\u00a0 sexual\u00a0 harassment\u00a0 as\u00a0 a\u00a0 misconduct\u00a0 under\u00a0 its\u00a0 service\u00a0 rules\u00a0 and\u00a0 initiate\u00a0 action\u00a0 for\u00a0 such\u00a0 misconduct\u00a0
iv. The office commits to ensure that it will not allow retaliation against any employee who complains of\u00a0 sexual harassment or provides information in connection with any such complaint.\u00a0
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.\u00a0\u00a0\u00a0
vii. Provide support to the complainant to initiate action under Indian Penal Code or under any other law\u00a0 if the complainant desires\u00a0 to do so. Sexual harassment is a civil offence.\u00a0 If the offence is of a criminal\u00a0 nature,\u00a0 i.e.\u00a0 rape,\u00a0 stalking\u00a0 etc.\u00a0 (which\u00a0 have\u00a0 been\u00a0 made\u00a0 criminal\u00a0 offences\u00a0 in\u00a0 the\u00a0 new\u00a0 Criminal\u00a0 amendment Act) it should be reported to the police and an FIR lodged.

viii. Monitor the timely submission of reports by the ICC.\u00a0
ix. Include in the Annual Report of GREEN PEACE India the number of cases of sexual harassment filed in\u00a0 the year and their status; and provide the list of programs and communication on gender sensitization\u00a0 at the workplace\u00a0\u00a0


Human Resources:\u00a0<\/strong>
i. Will be the custodian of this Policy, and will have the responsibility to review the policy with the SMT and\u00a0 ICC\u00a0 on\u00a0 an\u00a0 annual\u00a0 basis\u00a0 and\u00a0 on\u00a0 receipt\u00a0 of\u00a0 any\u00a0 feedback\u00a0 from\u00a0 time\u00a0 to\u00a0 time\u00a0 make\u00a0 modifications\u00a0 and\u00a0 communicate to employees.\u00a0
ii. Will also\u00a0 be\u00a0 responsible\u00a0 for\u00a0 referencing and incorporating\u00a0 the Greenpeace India\u2019s\u00a0 philosophy\u00a0 on Sexual\u00a0 Harassment and the actions for non-compliance in all employment contracts, Greennet, and the external\u00a0 Organizations website.\u00a0\u00a0
iii. Help the SMT to constitute the ICC as required \/ prescribed under the Act and to ensure fair\u00a0 representation of employees and with at least one external member who is eminent and is a\u00a0 knowledgeable individual.\u00a0
iv. Facilitate and organize workshops and awareness programs at regular intervals for sensitizing employees\u00a0 with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and\u00a0 Redressal) Act 2013\u00a0
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.\u00a0
Employees:\u00a0\u00a0<\/strong>
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\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 II. Employees may also suggest and make recommendations to help have a gender neutral workplace free\u00a0 of bias, prejudice and preference.\u00a0
III. An employee who believes he or she or any other employee is a victim of sexual harassment must\u00a0 immediately report such incident to the designated ICC.\u00a0
IV. Any employee who is called upon to testify or as a witness must extend support, and provide any\u00a0 information that the ICC would require for conducting their enquiries.\u00a0
ICC :\u00a0\u00a0<\/strong>
i. Investigating every formal written complaint of sexual harassment.\u00a0
ii. Provide recommendations to any substantiated allegations of sexual harassment.\u00a0 (Provide link to the actions that ICC can suggest)\u00a0<\/em>
iii. Maintain confidentiality at all times\u00a0
iv. Maintain documentation of the complaint, the investigation and the recommendation for action and the\u00a0 action taken.
v. Maintain reports of appeals if any.\u00a0
vi. Prepare a quarterly report and then an annual report.\u00a0
vii. Try for restorative justice rather than retributive justice.\u00a0
viii. Keep abreast of any new developments with regard to changes in law, government circulars etc.\u00a0 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\u00a0 employment-related sexual harassment to ensure the workplace is safe.\u00a0
Board:\u00a0<\/strong>
i. The Board of Greenpeace India play a key role in ensuring that the policy implementation is followed in\u00a0 letter and sprit.\u00a0<\/strong>
ii. The Board will also take regular updates on the functioning of the ICC & the periodic reports that the\u00a0 ICC will provide.\u00a0<\/strong>
iii. The Board will recommend, suggest\u00a0 & mandate amendments to the policy as & when they feel\u00a0 necessary.<\/strong><\/p><\/div><\/div><\/section>\n\n

GRIEVANCE REDRESSAL MECHANISM<\/div>

Greenpeace India has instituted a central Redressal Committee, which is known as the ‘INTERNAL\u00a0 COMPLAINTS COMMITTEE’ (ICC) for addressing all complaints of Sexual Harassment to ensure timely\u00a0 investigation and action with adequate representation from all branches, locations.\u00a0<\/strong>
The Internal Complaints Committee will comprise of the following:\u00a0
\u00a7\u00a0 Presiding Officer <\/strong>– Shall be a woman employed at a senior level at workplace amongst the employees.\u00a0
\u00a7\u00a0 Two members <\/strong>– Shall be amongst employees preferably committed to the cause of woman or who have an\u00a0 experience in social work or have legal knowledge.\u00a0
\u00a7\u00a0 One Member <\/strong>– amongst Non-Governmental Organizations or associations committed to cause of woman or a\u00a0 person familiar with the issues relating to sexual harassment.\u00a0
Provided that at least one half of the total Members so nominated shall be women. Additional members will be\u00a0 added as may be required from time to time.\u00a0
The nomination will be made by the management committee and reviewed from time to time.\u00a0
At least 50% of the ICC shall be constituted by persons drawn from departments other than the Human\u00a0 \u00a0 Resources department of the organization.
<\/p><\/div><\/div><\/section>\n\n

Contact Details Of ICC Members<\/strong><\/p>\n\n

SNo <\/td>Role <\/td>email ID<\/td><\/tr>
1 <\/td>Presiding Officer <\/td>gchair@greenpeace.org<\/td><\/tr>
2 <\/td>Members<\/td>gigroup@greenpeace.org<\/td><\/tr><\/tbody><\/table><\/figure>\n\n
PROCEDURE FOR MAKING A COMPLAINT<\/div>

I. Any\u00a0 employee\u00a0 may\u00a0 make\u00a0 a\u00a0 complaint\u00a0 of\u00a0 sexual\u00a0 harassment\u00a0 in\u00a0 writing\u00a0 to\u00a0 the\u00a0 ICC\u00a0 within\u00a0 three\u00a0 months from\u00a0 the\u00a0 date\u00a0 of\u00a0 the\u00a0 incident,\u00a0 and\u00a0 in\u00a0 case\u00a0 there\u00a0 is\u00a0 continuous\u00a0 harassment,\u00a0 within\u00a0 a\u00a0 period\u00a0 of\u00a0 three months from the date of the last incident.\u00a0
II. If there is a delay beyond three months, the ICC may extend the time limit on being satisfied about the circumstances\u00a0 that\u00a0 prevented\u00a0 the\u00a0 complainant\u00a0 from\u00a0 filing\u00a0 a\u00a0 complaint\u00a0 within\u00a0 the\u00a0 prescribed\u00a0 period\u00a0 by another 3 months.\u00a0
III. If\u00a0 the\u00a0 complaint\u00a0 is\u00a0 of\u00a0 a\u00a0 grave\u00a0 nature,\u00a0 the\u00a0 ICC\u00a0 may\u00a0 act\u00a0 on\u00a0 its\u00a0 own\u00a0 without\u00a0 constraint\u00a0 of\u00a0 time\u00a0 limit,\u00a0 or explanations\u00a0 about\u00a0 delay,\u00a0 complying\u00a0 with\u00a0 the\u00a0 highest\u00a0 standards\u00a0 of\u00a0 due\u00a0 diligence.\u00a0 However,\u00a0 in\u00a0 all\u00a0 cases when a\u00a0 delayed\u00a0 complaint\u00a0 is\u00a0 taken\u00a0 up,\u00a0 the\u00a0 committee will explain\u00a0 its\u00a0 reasons\u00a0 in writing\u00a0 in\u00a0 its\u00a0 order,\u00a0 to justify doing so.\u00a0
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.\u00a0

V. The complainant can send a complaint, along with supporting documents and list of witnesses with their\u00a0 names and contact details to the ICC mail ID or to any members or all of the members.\u00a0\u00a0
VI. Any\u00a0 ICC\u00a0 member charged\u00a0 with\u00a0 sexual\u00a0 harassment\u00a0 in\u00a0 a\u00a0 written\u00a0 complaint\u00a0 must\u00a0 step\u00a0 down\u00a0 as\u00a0 member\u00a0 during the inquiry into that complaint. An ad-hoc <\/em>member shall be appointed in his\/her place.\u00a0
VII. In\u00a0 case,\u00a0 either\u00a0 the\u00a0 complainant\u00a0 or\u00a0 respondent\u00a0 are\u00a0 close\u00a0 friends\u00a0 of\u00a0 any\u00a0 of\u00a0 the\u00a0 ICC\u00a0 members,\u00a0 they\u00a0 may\u00a0 recuse themselves.\u00a0
<\/p><\/div><\/div><\/section>\n\n

HANDLING OF COMPLAINTS BY THE ICC<\/div>

I. On receipt of a complaint, the ICC will record it in a register maintained for this purpose, and the Presiding\u00a0 Officer will call a meeting of the ICC for further action.\u00a0\u00a0\u00a0
II. The ICC shall prepare a prima facie report, with reasoned observations, recording the following:
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u25cf Whether the complaint is one of sexual harassment.\u00a0
\u25cf Whether it would constitute sexual harassment at the workplace, if proved\u00a0
\u25cf Whether the complaint falls within the jurisdiction of the ICC\u00a0
\u25cf Any recommendations pending inquiry\u00a0\u00a0
III. Within\u00a0 seven\u00a0 working\u00a0 days\u00a0 from\u00a0 the\u00a0 date\u00a0 of\u00a0 the\u00a0 receipt\u00a0 of\u00a0 the\u00a0 complaint,\u00a0 the\u00a0 ICC\u00a0 will\u00a0 send\u00a0 to\u00a0 the\u00a0 respondent\u00a0 a\u00a0 copy\u00a0 of\u00a0 the\u00a0 complaint\u00a0 and\u00a0 the\u00a0 documents\u00a0 received\u00a0 from\u00a0 the\u00a0 complainant.\u00a0 If\u00a0 the\u00a0 complainant fears that there would be violence if her\/his name is revealed. Then the ICC will request the\u00a0 respondent to ask questions that will be routed through the ICC as an email, and if the respondent does\u00a0 not acknowledge receipt of the same, then it shall be sent in a written from. If the respondent does not\u00a0 receive the documents for three times, an ex-parte decision will be taken on the matter\u00a0
IV. The respondent is required to submit, within ten days of receipt of the complaint a reply to the complaint\u00a0 along with a list of supporting documents, and the names and addresses of witnesses.\u00a0
V. In case\u00a0 there is a\u00a0 request\u00a0 from\u00a0 the complainant before initiating\u00a0 the inquiry,\u00a0 the ICC\u00a0 shall\u00a0 take\u00a0 steps\u00a0 to\u00a0 conciliate the matter between the complainant and the respondent. The ICC will exercise caution and due\u00a0 diligence to ensure that the conciliation is not adverse to the complainant. No pressure shall be brought\u00a0 to\u00a0 bear\u00a0 on\u00a0 the\u00a0 complainant\u00a0 to\u00a0 agree\u00a0 to\u00a0 a\u00a0 conciliation.\u00a0 \u00a0 Conciliation\u00a0 cannot\u00a0 be\u00a0 made\u00a0 on\u00a0 the\u00a0 basis\u00a0 of\u00a0 monetary settlement. If a settlement is arrived at, the ICC has to record the same and\u00a0 forward it to the\u00a0 employer for necessary action, and give copies of the settlement to the complainant and the respondent.
<\/p><\/div><\/div><\/section>\n\n

PROCEDURE FOR CONDUCTING INQUIRY<\/div>

I. In case no conciliation is arrived at, the ICC shall then initiate an inquiry and submit a report within three months.\u00a0 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.\u00a0
II. The HR Head\u00a0 or any\u00a0 other\u00a0 responsible\u00a0 person\u00a0 that\u00a0 can\u00a0 secure\u00a0 confidentiality\u00a0 will\u00a0 provide all\u00a0 necessary assistance to the ICC including securing the attendance of the respondent as the case may be.\u00a0
III. The employer will also make available all necessary facilities to the ICC for dealing with the complaint.\u00a0
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.\u00a0
V. Both\u00a0 parties\u00a0 have\u00a0 a\u00a0 right\u00a0 to\u00a0 produce\u00a0 oral\u00a0 or\u00a0 documentary evidence\u00a0 in\u00a0 their\u00a0 favor. In\u00a0 order\u00a0 to maintain neutrality,\u00a0 and\u00a0 to\u00a0 provide\u00a0 a\u00a0 process\u00a0 that\u00a0 is\u00a0 intimidation\u00a0 free\u00a0 the\u00a0 witnesses\u00a0 of\u00a0 both\u00a0 the\u00a0 parties\u00a0 maybe examined, cross examined and questioned by the ICC.\u00a0
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\u00a0 to\u00a0 be\u00a0 the\u00a0 assistant.\u00a0 The\u00a0 ICC\u00a0 has\u00a0 a\u00a0 right,\u00a0 with\u00a0 reasons\u00a0 to\u00a0 be\u00a0 recorded\u00a0 in\u00a0 writing,\u00a0 to\u00a0 reject\u00a0 the particular assistant proposed.\u00a0
VII. The ICC shall maintain a record sheet of the proceedings on each day of inquiry and will communicate to the concerned Complainant & Respondent\u00a0 the final decision that is arrived at\u00a0
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\u00a0
IX. The ICC shall have\u00a0 the right\u00a0 to\u00a0 terminate\u00a0 the inquiry proceedings or\u00a0 to give an ex parte decision on\u00a0 the complaint, if the complainant or respondent fails to present herself or himself without sufficient cause for three\u00a0 consecutive\u00a0 hearings\u00a0 convened\u00a0 by\u00a0 the\u00a0 Presiding\u00a0 Officer,\u00a0 after\u00a0 giving\u00a0 a\u00a0 seven\u00a0 days\u2019\u00a0 notice\u00a0 to\u00a0 the party concerned.\u00a0
<\/p><\/div><\/div><\/section>\n\n

DELAY IN THE PROCESS<\/div>

The inquiry shall not be invalidated on account of delays in one or more of the stages in the inquiry procedures,\u00a0 on\u00a0 account\u00a0 of\u00a0 reasonable\u00a0 grounds\u00a0 or\u00a0 circumstances\u00a0 beyond\u00a0 the\u00a0 control\u00a0 of\u00a0 any\u00a0 of\u00a0 the\u00a0 parties\u00a0 or\u00a0 the\u00a0 ICC,\u00a0 the\u00a0 inquiry must continue and remains valid. It is important that the reason for delay be noted in the minutes of the\u00a0 inquiry meeting as well as in the final opinion and later, in the annual report submitted to the employer.
<\/p><\/div><\/div><\/section>\n\n

RECOMMENDATION BY THE ICC<\/div>

The nature of action recommended should be proportionate to the gravity of the incident.\u00a0<\/strong>
\u2022 The ICC may provide interim reliefs and direct the employer to do the following;\u00a0
paid leave for a period of one month to the complainant;\u00a0
\u2022 Restrain the respondent from reporting on the work performance of the complaint; \u2022 Restrain the respondent from supervising the complainant\u2019s activity\u00a0
\u2022 Or any other relief that the ICC deems fit, on its own initiative or upon the request of the complainant.\u00a0
\u2022 Where the ICC arrives at a conclusion that the allegation against the respondent has been proved, it shall recommend\u00a0 to\u00a0 the\u00a0 employer\u00a0 to\u00a0 take\u00a0 any\u00a0 action,\u00a0 including\u00a0 a\u00a0 written\u00a0 apology,\u00a0 warning,\u00a0 reprimand, censure, withholding of promotion, withholding of pay\u00a0 rise, payment of compensation,\u00a0 terminating\u00a0 the respondent from service or undergoing a counseling sessions or carrying out community service.\u00a0
\u2022 The ICC may also\u00a0 recommend payment of compensation\u00a0 to\u00a0 the complainant by\u00a0 the\u00a0 respondent and\/or the organization. The following factors shall be taken into account in determining the compensation:\u00a0
\u2756 The mental trauma, pain, suffering and emotional distress caused to the aggrieved person; \u2756 The loss in the career opportunity due to the incident of sexual harassment;\u00a0
\u2756 Medical expenses incurred by the victim for physical treatment or counseling;\u00a0
\u2756 Feasibility of such payment in lump sum or in installments.\u00a0
<\/p><\/div><\/div><\/section>\n\n

PROCESS OF APPEAL BY THE AGGRIEVED<\/div>

Any person aggrieved (complainant or respondent) from the recommendations related to the quantum or nature\u00a0 of penalties made by the ICC, or the non-implementation of such recommendations by the employer, may file an\u00a0 appeal within three months of the recommendations made by the ICC.:\u00a0
– 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.\u00a0
– In case the above does not satisfy the aggrieved, then they can appeal again\u00a0
– Within 10 working days, and\u00a0 the matter will be\u00a0 reviewed by\u00a0 the ED with\u00a0 the SMT and at least 2 Board Members and responded to the aggrieved in 10 working days\u00a0
– After all the above efforts, the aggrieved is still dissatisfied, then they appeal to the Court or the Tribunal
<\/p><\/div><\/div><\/section>\n\n

GOVERNANCE MECHANISM OF THE ICC<\/div>

A. Meetings\u00a0<\/strong>
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.\u00a0
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.\u00a0
B. Findings\u00a0<\/strong>
The ICC\u00a0 presiding\u00a0 officer will\u00a0 share\u00a0 the\u00a0 findings along with\u00a0 the\u00a0 recommendations\u00a0 of\u00a0 cases\u00a0 that\u00a0 the ICC handles with the ED & the HRD of Greenpeace India\u00a0
C. Reports\u00a0<\/strong>
\u25aa The ICC must submit a quarterly report to the SMT who shall present it to the Board of Greenpeace India.\u00a0
\u25aa The ICC must submit an annual report to the SMT in the month of April\u00a0
The following details should be provided in the Quarterly & the Annual Report\u00a0
a) Number of complaints of sexual harassment received in the year;\u00a0
b) Number of complaints disposed of during the year;\u00a0
c) Number of cases pending for more than ninety days;\u00a0
d) Nature of action taken by the employer.
<\/p><\/div><\/div><\/section>\n\n

OTHERS<\/div>

a) Prohibition of publication or disclosing the content of complaint or inquiry proceedings\u00a0<\/strong>
The contents of the complaint made, the identity and addresses of the aggrieved, respondent and witnesses, any\u00a0 information\u00a0 relating\u00a0 to\u00a0 conciliation and inquiry\u00a0 proceedings,\u00a0 recommendations\u00a0 of ICC and\u00a0 the action\u00a0 taken\u00a0 by\u00a0 the employer\u00a0 shall\u00a0 not\u00a0 be\u00a0 published,\u00a0 communication\u00a0 or\u00a0 made\u00a0 known\u00a0 to\u00a0 the\u00a0 public,\u00a0 press\u00a0 or\u00a0 media\u00a0 in\u00a0 any\u00a0 manner.\u00a0\u00a0
Any person who violates the above shall be penalized by the employer with such amount as may be prescribed in\u00a0 the applicable statutory rules.\u00a0
However justice secured to any victim of sexual harassment can be disseminated without disclosing the details\u00a0 mentioned above.

b) Action for false and malicious complaints\u00a0<\/strong>
In the event of the\u00a0 ICC after the due diligence of its investigation ascertains that the complainant or the\u00a0 witnesses have provided information that are malicious, and false then, it may recommend to the employer to\u00a0 take necessary action as appropriate from a censure to termination as the case maybe .\u00a0
c) Further reference & guide\u00a0<\/strong>
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 <\/strong>http:\/\/www.iitbbs.ac.in\/notice\/sexual-harrassment-of-women-act-and-rules-2013.pdf\u00a0
d) Policy Implementation and Review\u00a0<\/strong>
This policy will be periodically revised and is subject to modification. Any amendment or waiver of any provision\u00a0 of this Code must be approved in writing by the Organization\u2019s Board of Directors, or such other committee as\u00a0 may be decided, and promptly disclosed on the Company\u2019s website and in applicable regulatory filings pursuant\u00a0 to applicable laws and regulations, together with details about the nature of the amendment or waiver.


Policy Modified and made Effective from :\u00a0\u00a018th Nov 2015
For :\u00a0\u00a0All Staff of Greenpeace India
Responsible for Monitoring and ownership\u00a0: India Executive Director
Approval pathway :\u00a0\u00a0Greenpeace India SMT\u00a0, Greenpeace India Board
<\/p><\/div><\/div><\/section>\n\n

FREQUENTLY ASKED QUESTIONS (FAQs)<\/div>

Qn. <\/strong>I am quite at discomfort with the way a colleague of a different sex interacts with me, I am not able to\u00a0 label it as sexual, but I am not all at ease at all with the behavior.\u00a0
Ans<\/strong>.\u00a0 You have a couple options:\u00a0
– 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:\u00a0
\u25aa 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\u00a0
\u25aa 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\u00a0
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.\u00a0
However, you are equally empowered to take up the matter if you also see this happening to another\u00a0 colleague who is not comfortable in taking it the notice of the HR or the Manager. And the options as\u00a0 above would apply as well.\u00a0
Qn. <\/strong>I have not been a good performer and I feel harassed by my manager,\u00a0 what recourse do I have and what\u00a0 support can I get from the Management\u00a0
Ans. <\/strong>If you are poor or a non-performer, there are other organizational remedies to support and help you to\u00a0 improve your productivity. Under no circumstances do we encourage any form and type of harassment.\u00a0
Please do not hesitate to discuss the issue with the Manager of your Manager and HR, so that you are\u00a0 helped to focus on improving your performance rather than get under the pressure of harassment of any\u00a0 sorts, and if you feel its Sexual abuse then take it directly to the ICC.\u00a0
Qn<\/strong>.\u00a0 This policy makes reference to the constitutional statute and it is more towards sexual harassment of\u00a0 women, what do people of other genders do if they are sexually harassed as well, can they too take to the\u00a0 process narrated in the POSH policy ?\u00a0
Ans.\u00a0 <\/strong>This policy is although created in the lines required under the legal Act, it will be applicable across all\u00a0 genders, and there will be no variance in the way the process will be followed. Green peace believes in\u00a0 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\u00a0
Page owner: Mr. Hafiz Mecci\u00a0
Printed: Tuesday, November 17, 2015\u00a0
Page 14\u00a0
Qn. <\/strong>How will you ensure that there is no misuse of this policy?\u00a0
Ans. <\/strong>We want to build a healthy workplace where people come for achieving the shared objectives of the\u00a0 Organization and would want everybody to contribute to the spirit of working together in a professional\u00a0 and ethical manner.\u00a0
Policies and guidelines are put in place reiterating our Philosophies and to deal with things that are\u00a0 detrimental to the set principles of working and operating the Organizational mission.\u00a0
The affirmative and punitive actions will apply for misuse and misleading of any workplace policy that is\u00a0 set to help us to work in a professional manner.\u00a0
Qn<\/strong>. I had a very close relationship with a colleague at work, but owing to some differences, I decided to be a\u00a0 supporting colleague, but the other person now harasses me, and I have said that I will take it to HR and\u00a0 my colleague says that there are evidences that are available which will prove my allegation false.\u00a0
Ans.\u00a0 <\/strong>Developing good relationships at the workplace is healthy and during the course of interactions at the\u00a0 workplace, possibilities exist for people to get close to some more than others, however at no point\u00a0 should anybody take advantage of a relationship that is terminated and use that pretext to harass or\u00a0 sexually abuse the other.\u00a0\u00a0
This will be treated as a serious breach and we would urge you to report the matter irrespective of the\u00a0 gender or the matter can be reported on behalf of the Victim.\u00a0
If it is general abuse please report to the Manager and \/or the HR, and if its Sexual assault\/ abuse write in\u00a0 directly to the ICC.\u00a0\u00a0
<\/p><\/div><\/div><\/section>\n\n

Please note everyone\u2019s cooperation is required to keep the workplace healthy and free from any form  of abuse or harassment<\/strong>.<\/h4>\n\n