ClickMecha Policy on Prevention of Sexual Harassment (PoSH) of Women at Workplace

Introduction

This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and rules framed thereunder (hereinafter “the Act”). Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.

As per ClickMecha’s values, our success is based on our people. We treat each other with respect and dignity and expect everyone to promote a sense of personal responsibility. We provide equal opportunities, protect privacy, and do not tolerate any form of harassment or discrimination.

The ‘Policy on Prevention of Sexual Harassment of Women at Workplace: Guidelines for ClickMecha’ intends to provide protection against sexual harassment of women at workplace and the prevention and redressal of complaints of sexual harassment and matters related to it.

Definitions

1. 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 a ClickMecha employee and someone that employee deals with in the course of work who is not employed by ClickMecha.

“Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

a) Any unwelcome sexually determined behavior or pattern of conduct that would cause discomfort and/or humiliate a person, namely:

  • Physical contact and advances
  • Demand or request for sexual favors
  • Sexually colored remarks or remarks of a sexual nature about a person's clothing or body
  • Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, social media, etc.
  • Repeatedly asking to socialize during off-duty hours against a person’s wishes
  • Giving gifts or leaving objects that are sexually suggestive
  • Eve teasing, innuendos, taunts, physical confinement against one’s will
  • Persistent watching, following, contacting of a person
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

b) The following circumstances, if linked to such behavior sexually determined acts, also amount to sexual harassment:

  • Promise of preferential treatment in employment
  • Threat of detrimental treatment in employment
  • Threat about present or future employment status
  • Interference with work or creating hostile work environment
  • Humiliating treatment affecting health or safety

Harassment depends on the experience of the aggrieved woman, not the intention of the respondent.

2. Aggrieved Woman

A woman of any age, whether employed or not, who alleges to have been subjected to sexual harassment at ClickMecha, including contractual, temporary workers and visitors.

3. Respondent

A person against whom a complaint of sexual harassment has been made.

4. Employee

Any person working with ClickMecha on regular, temporary, contract, trainee, intern, probation or voluntary basis.

5. Workplace

All ClickMecha offices, branches, project sites, client locations, events, training venues, and any place visited during the course of employment including transport provided by ClickMecha.

6. Employer

Any person responsible for management, supervision and control of ClickMecha workplace.

Roles & Responsibilities

1. Individual Responsibility

Every person at ClickMecha must:

  • Not encourage harassment
  • Refuse to participate in harassment
  • Support victims
  • Act as witness if needed

2. Manager Responsibility

Managers must:

  • Ensure harassment-free workplace
  • Communicate zero tolerance policy
  • Protect complainant, respondent and witnesses from victimization

Redressal Mechanism – Formal Intervention

If a formal complaint is needed, it must be in writing. Verbal complaints will be written by the receiver and signed by the complainant.

Internal Complaints Committee (ICC)

ClickMecha will constitute an Internal Complaints Committee at each location.

Committee Composition:

  • Presiding Officer: Senior woman employee
  • At least 2 employee members
  • 1 external member familiar with women’s issues
  • At least 50% women members

Responsibilities:

  • Receive complaints
  • Conduct inquiry
  • Submit findings
  • Maintain confidentiality
  • Submit annual reports

Lodging a Complaint

  • Complaint must be filed within 3 months of incident
  • Can be extended by 3 months with valid reason
  • Assistance will be provided to write complaint
  • If aggrieved woman is unable, complaint can be filed by legal heir, friend, co-worker with written consent

Receiving a Complaint

  • Listen carefully and respectfully
  • Do not judge
  • Maintain confidentiality
  • Inform complainant about process

Conciliation

  • Only if requested by complainant
  • No monetary settlement
  • To be completed within 2 weeks

Formal Inquiry

  • Starts if conciliation fails or not requested
  • Respondent gets copy within 7 days
  • Reply in 10 days
  • No lawyers allowed
  • Minimum 3 ICC members present

Interim Relief

On written request, ICC may recommend:

  • Transfer
  • Leave up to 3 months
  • Change reporting structure

Inquiry Timeline

  • Completed within 90 days

Action After Inquiry

If Complaint Not Proved

  • No action
  • Ensure no victimization

If Complaint Proved

Actions may include:

  • Counseling
  • Warning
  • Apology
  • Withholding promotion/increment
  • Suspension
  • Termination

Employer to act within 60 days.

Malicious Complaints

If complaint is proved malicious after separate inquiry, action may be taken against complainant.

Confidentiality

All details are confidential. Breach will lead to disciplinary action.

Appeal

Any party can appeal within 90 days as per the Act.

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