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Prevention of Sexual Harassment Policy (POSH)

1. Introduction

NIST Institute Private Limited values every employee & upholds the highest moral, ethical standard and protects employee’s dignity by providing equal opportunities in advancement and development. NIST is strictly committed to Zero - tolerance for sexual harassment and takes essential steps to ensure that employees are not subjected to any form of harassment.

At NIST, Prevention of Sexual Harassment (POSH) policy takes complete cognizance on Government of India’s latest legislation “The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013” concerning the prevention of sexual harassment against employees at the workplace. This policy assists sexually harassed individuals with relevant support and remedial action

2. Definition of Sexual Harassment

Any unwelcome sexually determined behaviour like physical conduct, demand or request for sexual favours, remarks of sexual nature about persons clothing, showing pornography, physical, visual, verbal/non-verbal conduct of sexual nature which causes discomfort, offend individual sensibilities or humiliate a person is considered as grave offenses and will be punishable under POSH act.

3. Objective

Sexual harassment creates a hostile, intimidating environment, which distresses the individual’s potentiality physically & psychologically. This negatively impacts organizational productivity & increases employee turnover. The objective of the POSH policy is to:

  • Encourage immediate reporting of sexual harassment
  • Enhance the retention of workforce by providing a positive work culture
  • Foster a professional and productive workplace
  • Enhance the work performance of the employees
  • Create an inclusive work environment

4. Scope

Prevention of Sexual Harassment (POSH) policy applies to all employees irrespective of professional levels, across all branches of NIST. In addition, it extends to all associates of NIST like clients, vendors, visitors, etc. The same will be incorporated in their service condition. This POSH policy comes into force with immediate effect.

Irrespective of race, caste, religion, colour, ancestry, marital status, gender, sexual orientation, age, nationality, ethnic, origin or disability, NIST creates a safe & conducive working environment to work without fear of prejudice, gender bias, and harassment.

This POSH policy reiterates the commitment of NIST, to create and maintain an environment free from all forms of sexual harassment. NIST Institute Private Ltd will not tolerate sexual harassment at any circumstances and violation of POSH policy will result in strict disciplinary action. False information or false complaints regarding sexual harassment will also be considered as a violation of the POSH policy.

5. Procedure & Guidelines

5.1. Redressal Process

Raising of Complaint

Any employee, who is sexually harassed directly or indirectly, may submit a complaint in writing about the alleged incident to any member of the Internal Complaint Committee (ICC) with his/her signature within 10 days of the incident. The Internal Complaint Committee (ICC) will keep the content confidential, hold the meeting with the complainant within 5 – 7 days and record his/her allegations. To substantiate his/her allegation, the complainant can submit any corroborative material with documentary proof, oral or written material, etc.

The respondent, person against whom a complaint is raised, will be called for a deposition before the committee to give his/ her explanations. In case, if the complaint is found to be false, management will take appropriate disciplinary action.

Internal Complaint Committee (ICC)

Internal Complaint Committee (ICC) constituted by the NIST management, is to hear & redress grievances pertaining to sexual harassment and ensure time-bound solutions to such complaints. ICC emphasizes mainly to prevent, prohibit any sexual harassment actions.

Based on the outcome of the investigation by the Internal Complaint Committee (ICC), disciplinary action will be imposed by NIST management on the harasser for indulging in any act of sexual harassment. The committee will maintain a register to endorse complaints and after analysing, the committee will submit to the Chairman & Managing Director at the end of the year. The list of ICC members, constituted by the NIST management, for the Chennai branch is mentioned below.

S. No Name Designation
1 Ms. Priscilla Head of the committee
2 Ms. Asha Priya Committee Member
3 Ms. Meenakshi Committee Member
4 Ms. Banu Committee Member
5 Ms. Nithya Kumar Committee Member
6 Ms. Mary Rocksana Committee Member

6. Enquiry Process

The Internal Complaint Committee (ICC) shall complete the “Enquiry” within in three months; communicate with the Chairman & Managing Director about findings and offers a recommendation for action. The report from Internal Complaint Committee (ICC) is considered as an “Enquiry report”, and on the basis of findings, the harasser will be punished promptly.

The disciplinary action taken by the Chairman & Managing Director will be based on the recommendation proposed by ICC and the committee shall be governed by the rules framed by the Supreme court orders or any other legislations enacted.

7. Disciplinary proceedings

The Internal Complaint Committee (ICC) may recommend Director’s action such as transfer or any other appropriate disciplinary actions; the management shall provide all necessary assistance to the committee to ensure full, effective and speedy policy implementation. In case, the committee finds the degree of offense coverable under the Indian Penal Code, then the fact should be mentioned in the ICC report and appropriate action shall be initiated by the management for making a legal complaint. NIST will take all necessary steps to assist the victim in terms of support and preventive action.