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POSH Law

UTC DIGITAL
TECHNOLOGIES PVT LTD

 Is the Registered Trade Mark of UTC DIGITAL TECHNOLOGIES PVT LTD

POSH Law

CIN: U72900MH2022PTC374507 The Policy
Framework Under Sexual Harassment of
Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 (POSH Act, 2013)

  1. We are a business entity which is formed and registered as a Private Limited Company under the Companies Act, 2013. Name of this business entity is UTC DIGITAL TECHNOLOGIES PRIVATE LIMITED. The said business entity is herein after called as ‘the Company’.
  2. This company is dedicated to foster a safe, secured and a positive work environment where employees can conduct business without being concerned about discrimination, sexual harassment, or gender bias. The company maintains strict ‘Zero tolerance’ towards sexual harassment and upholds the dignity of each and every one of its employees, who are engaged to work with the company on contractual/permanent basis. Sexual harassment at work, or anywhere else if it involves employees or any stakeholder of the company, is a serious offence that the company firmly forbids.
  3. This policy is developed and implemented to meet with the requirements under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, 2013) to ensure a safe workplace where all employees treat one
    another with respect and decency regardless of their gender, ethnicity, caste, faith, religion, place of origin, sexual orientation, disability, economic status, or position in the hierarchy. The right to an atmosphere free from harassment, coercion, and disruptive behaviour and a right to dignity at work is guaranteed to all employees of the company.

INTERNAL COMPLAINTS COMMITTEE

The Company has constituted an Internal Complaints Committee, (ICC) also known as the POSH Committee consisting of a Presiding Officer and two internal members and one external member. The complaint can be submitted to the ICC electronically at the email ID as mentioned in chart below or may be physically submitted to any ICC member. The ICC may, accept oral complaints under this Policy.

SCOPE

This Policy extends to all employees of the Company and is deemed to be incorporated in the service conditions of all employees of the Company in India. Local country laws will take precedence over this policy, in other geographies, if applicable.

DEFINITIONS

The following terms used herein shall have the meaning assigned to the term as under:

“Sexual harassment”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 an employee and someone that employee deals within the course of his/ her work who is not employed by the Company.

“Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication), but not limited to:

  • Any unwelcome sexually determined behavior, or pattern of conduct, that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely:
    1. Unwelcome sexual advances involving verbal, non-verbal, or physical conduct, implicit or explicit.
    2. Physical contact and advances including (but not limited to) touching, stalking, sounds which have explicit and /or implicit sexual connotation/overtones, molestation.
    3. Teasing, Voyeurism, innuendos and taunts with implicit sexual connotation, physical confinement and /or touching against one’s will.
    4. Demand or request for sexual favors.
    5. Sexually colored remarks or remarks of a sexual nature about a person’s clothing or body.
    6. Display of pictures, signs with sexual nature/ connotation/ overtones in the work area and work-related areas.
    7. Showing pornography, making or posting vulgar/ indecent/ sexual pranks, teasing, jokes, demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS, gestures etc.
    8. Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s
    9. Giving gifts or leaving objects that are sexually
    10. Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy; Persistent watching, following, contacting of a person; and
    11. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
  • The following circumstances if it occurs or is present in relation to any sexually determined act or behavior amount to sexual harassment:
    1. Implied or explicit promise of preferential treatment in employment;
    2. The implied or explicit threat of detrimental treatment in employment;
    3. The implied or explicit threat about the present or future employment status;
    4. Interference with the person’s work or creating an intimidating or offensive or hostile work environment; or
    5. Humiliating treatment is likely to affect health or safety.

An alleged act of sexual harassment committed during or outside of office hours falls under the purview of this policy. Further, it is important to note that whether harassment has occurred or not does not depend on the intention of the people but on the experience of the aggrieved woman.

“Aggrieved woman”Aggrieved woman means In relation to a workplace, a woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.
“Respondent”Respondent means a person against whom a complaint of sexual harassment has been made by the aggrieved woman under this policy
“Employee”Employee means a person employed at the workplace, for any work on a 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 called by any other such name.
“Workplace”Workplace means Premises, locations, establishments, enterprises, institutions, offices, branches or units established, subsidiaries which are controlled by the Company. Places visited by the Employee arising out of or during employment including official events, accommodation, and transportation provided by the employer for undertaking a journey.
“Employer”Employer means A person responsible for management, supervision, and control of the workplace

 

ROLES AND RESPONSIBILITIES

It is the responsibility of all to respect the rights of others and to never encourage harassment. It can be done by:

  • Refusing to participate in any activity which constitutes harassment.
  • Supporting the person to reject unwelcome behavior.
  • Acting as a witness if the person being harassed decides to lodge a complaint.

CONFIDENTIALITY NORMS

The identity of the complainant, respondent, witnesses, statement and other evidence obtained in course of the inquiry process, recommendations of the committees, action was taken by the employer is considered as confidential materials,  and the same must not be published or must not be made known to the public or media.

Any person contravening the confidentiality clauses is subject to disciplinary action as prescribed in the act.

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