Presentations of Sexual Harassment
O My Furniture is committed to creating and maintaining an atmosphere in which employees can work together, without fear of sexual harassment, exploitation or intimidation.
Ø My Furniture prohibits any and all conduct that may reasonably be interpreted as harassment or such conduct pervasive enough or severe enough to meet the technical legal requirements of harassment.
Ø The organization provides equal employment opportunity for all its employees and is committed to creating and maintaining a healthy and secure working environment where its employees and all other stakeholders can work and pursue business together, free from prejudice, gender bias, harassment, exploitation and intimidation caused by acts of Sexual Harassment, whether they take place at the workplace or any other locations directly related to the organization’s business.
Ø Sexual harassment at the workplace of any other location if involving employees is a grave offence and is, therefore, punishable under the law as set down in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 with its Rules (here in after referred to as “Act” as well as under the Organization’s terms of employment. Incidence of any act of sexual harassment as defined in the Act and under this Policy shall result in strict disciplinary action.
Ø Sexual Harassment would mean and include any one or more of the following unwelcome acts or behavior namely.
o Physical contact and advances.
o A demand or request for sexual favors.
o Making sexually-colored remarks.
o Showing pornography.
o Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Ø The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment.
Ø Implied or explicit promise of preferential treatment in their employment.
Ø Implied or explicit threat of detrimental treatment in their employment.
Ø Implied or explicit threat about their present or future employment status.
Ø Interfering with their work or creating an intimidating, offensive or hostile work environment.
Ø Humiliating treatment likely to affect the health and safety of the aggrieved person.
Ø Internal Complaints Committee.
Ø Every complaint received from an Aggrieved Person against the Respondent shall be forwarded to Internal Complaints Committee formed under the Policy.
Ø The investigation shall be carried out by Internal Complaints Committee constituted for this purpose.
Ø Internal Complaints Committee has been constituted and included the following members as nominated by the Organization.
A woman employee employed at a senior level amongst the employees shall act as Presiding Officer of the committee.
Not less than 2 members from amongst employees preferably committee to the cause of women OR who have had experience in social work OR have legal knowledge.
One member shall be from amongst non-governmental organizations OR associations committed to the cause of women OR a person familiar with the issues relating to sexual harassment.
The name of the members of the Internal Complaints Committee will be notified by HR along with any change in such composition. At least half the total members of the committee have to be women. The Presiding Officer and every member shall hold office for such period, not exceeding two years, from the date of their nomination as may be specified by the Organization.
The Internal Complaints Committee shall prepare an annual report with the following details and shall submit the same to the Board.
o Number of complaints of sexual harassment received during the year.
o Number of complaints resolved during the year.
o Number of cases pending for more than 90 days.
o Number of workshops or awareness programs against sexual harassment carried out.
o Nature of action taken by the Organization.
Ø Any aggrieved employee (Aggrieved Person) shall make, in writing, a complaint of sexual harassment at workplace to the Internal Complaints Committee within a period of three months from the date of the incident and in case of a series of incidents, within a period of three months from the date of the last incident.
Ø Complaints made under this policy will be promptly and thoroughly investigated under the principles of natural justice, basis of fundamental fairness, in an impartial manner and all information disclosed during the course of the investigation will remain confidential, except as necessary to conduct the investigation and take any remedial action, in accordance with applicable law.
Ø If, at the conclusion of its investigation, the Internal Complaints Committee determines that a violation of policy has occurred, the Organization will take effective remedial action commensurate with the severity of the offense. This action may include disciplinary action against the Respondent, up to and including termination. Reasonable and necessary steps will also be taken to prevent any further violations of policy.
Ø The investigations shall be completed normally within 30 days of the receipt of the complaints and is extendable by such period as the Presiding Officer of the Internal Complaints Committee may deem fit.
Ø In case the complaints is found to be false, the Aggrieved Person shall, if deemed fit, be liable for appropriate disciplinary action by the management including termination from employment.
Ø The decision of the organization shall be final and binding on all. However, the same is without prejudice to any recourse that the organization or the Aggrieved Person concerned may have against the Respondent and it shall not limit or restrict the rights of the Aggrieved Person and/or organization to pursue, nor shall be precluded from pursuing, such further and other legal actions as may be available.