PREVENTION OF SEXUAL HARASSMENT POLICY

Absolute ERP Pvt. Ltd. is committed to ensuring that the work environment is conducive to fair, safe and harmonious relations amongst its Employees (defined hereinafter). This policy enunciates the approach of the Company to the issue of Sexual Harassment (defined hereinafter) and for the manner of dealing with any incidence of the same ("Policy").

Any incident of Sexual Harassment will be viewed with extreme seriousness. A complaint or report of Sexual Harassment will be investigated immediately and appropriate action will be taken against the offending person. Such action will depend on the nature and seriousness of the offence and will include strict disciplinary action, which may even lead to termination of employment.

1. Purpose / Objective
   This Policy takes into consideration the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“Rules”) and strictly prohibits any form of Sexual Harassment in the way the Employees behave with each other at the Workplace (defined hereinafter). This Policy intends to maintain a safe, congenial, positive and productive working environment by making the Workplace (defined hereinafter) free from Sexual Harassment. This Policy applies equally to relations between superiors and subordinates as well as between peers. All Employees of the Company have the right to be treated with dignity.
2. Definition of Sexual Harassment
   A broad definition of the term "Sexual harassment" includes any physical or verbal behavior and any form of communication that has unnecessary, improper or unwelcome sexual connotations (whether directly or by implication). Sexual Harassment may vary in form, depending on circumstances. It may consist of (but not be limited to, any of the following), one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:
   1. Unwelcome sexual advances, physical contact, demand or requests for sexual favors, display of sexual visuals (including showing pornography), sexual audios, pornographic or obscene material and any other unwelcome verbal or non-verbal or physical conduct of a sexual nature;
   2. Transmitting or showing any message, by mail, telephone, e-mail, etc., which is obscene, lewd, suggestive or blatantly sexual in nature;
   3. Any explicit or implicit communication wherein a sexual favor or demand, whether by words or actions, is made a condition for an individual's employment with the Company, preferential treatment, career progress, promotion, etc., thereby creating a hostile environment;
   4. Any explicit or implicit communication or action causing interference with the Employee’s work or creating an intimidating or offensive or hostile work environment for the Employee;
   5. Sexually colored jokes or remarks and behavior which have sexually oriented innuendoes;
   6. Consistent pattern of unnecessary physical contact, staring or targeting unreasonable attention at an individual in day-to-day dealings;
   7. Any pervasive pattern of behaviors which makes a person uncomfortable, insecure or feel humiliated or disadvantaged on the basis of gender differentiation;
   8. Actual sexual assault; and
   9. Any kind of direct or indirect or implied verbal remark or gesture which outrages the modesty of an Employee or is derogatory or humiliating to such Employee.

   Further, any of the following circumstances, among other circumstances, if it occurs or is present in relation to or concerned with any act or behavior of Sexual Harassment may amount to sexual harassment:

   10. Implied or explicit promise of preferential treatment in an Aggrieved Person’s Employment; or
   11. Implied or explicit threat of detrimental treatment in an Aggrieved Person’s employment: or
   12. Implied or explicit threat about an Aggrieved Person’s present or future employment status; or
   13. Interference with an Aggrieved Person’s work or creating an intimidating or offensive or hostile work environment for a woman; or
   14. Humiliating treatment likely to affect an Aggrieved Person’s health or safety.
3. Other Definitions
   

   Aggrieved Person - An individual working with the Company, as an Employee who alleges to have been subjected to any act of Sexual Harassment by the Respondent (defined hereinafter).

   Employer - Employer means any person responsible for the management, supervision and control of the Workplace. Management includes the person or board or committee responsible for formulation and administration of policies.

   Employee(s) - All employees of the Company (including those on deputation, probation, in the career development program, on an internship, industrial training, contract, temporary employees and all such employees visiting the premises of any third party during the course of their employment).

   Respondent - A person against whom the Aggrieved Person has made a complaint.

   Work Place - All of Company’s premises and areas which can be termed as a notional extension of Company’s premises and includes any place visited by the Employee arising out of or during the course of employment including transportation provided by Employer for undertaking such journey.

4. Third Party Harassment
   

   As per Supreme Court Guidelines, third party harassment occurs as a result of an act or omission by any third party or outsider, in which case, the Employer and person in-charge will take necessary and reasonable steps to assist the affected person in terms of support and preventive action.

   The Policy also includes complaints relating to instances at any place outside the Workplace which is visited by Employees, arising out of or during the course of their employment with the Company.

5. Guidelines
   

   It is imperative for all Employees to follow this Policy and the guidelines formulated herein. Sexual Harassment at Workplace will be deemed to be a violation/breach of terms of employment, in addition to being considered a criminal offence. It is also against the spirit of equality, a fundamental right guaranteed under the Indian Constitution.

6. Internal Complaints Committee (“ICC”)
   

   The ICC has been constituted by the management of the Company to consider and redress complaints of Sexual Harassment. ICC shall comprise of the following members:

   S.No.	Designation in the Company	Name	Email Id	Contact No.
   1	Chairperson (Presiding Officer) - Female	Kamini Arora	kamini.absolute19@gmail.com	09818832416
   2	Member - Female	Akansha Malyan	hr@erpabsolute.com	09818920069
   3	Member - Female	Pooja Nanda	teammanager.rohs01@gmail.com	09818815782
   4	Member - Female	Chanchal Shakya	teamleader07.rohs@gmail.com	09821799503
   5	NGO Member - Female	Zarqa Rahman	sambhalyouthfoundation@gmail.com	08393907851

   The Employer will provide all necessary support to ICC for its operations. The Chairperson may, at her discretion, co-opt any other person to ICC, whom she thinks would be helpful for the ICC to arrive at the right decision.

7. Reporting of Sexual Harassment Allegations and Redressal Process
   
   1. Complaint

      Any Aggrieved Person, who alleges to have been a victim of Sexual Harassment, may make a complaint in writing within a period of 3 months from the date of incident and in case of a series of incidents, within a period of 3 months from the date of last incident, to ICC by sending a mail info@erpabsolute.com.

      If ICC is satisfied that circumstances were such which prevented the Aggrieved Person from submitting the complaint within the time limit stipulated above, then ICC may extend the time limit not exceeding additional three months, provided that the reasons for the said extension are recorded in its final report.

      Provided that where such complaint cannot be made in writing, then the Aggrieved Person may request the Presiding Officer or any other member of the ICC for rendering reasonable assistance in writing the complaint.

      If the Aggrieved Person is unable to make the complaint on account of physical or mental incapacity or death or otherwise, their legal heir or such other person as may be prescribed under the Rules, may make the complaint on their behalf.

      Where ICC is legally advised that any such incident constitutes a criminal offence, ICC through the Employer shall inform the authority(ies) concerned, providing full details and requesting appropriate action.

      If the Aggrieved Person takes any action directly against the Respondent, either civil or criminal, then ICC, on becoming aware of such action being taken by the Aggrieved Person, shall be entitled to, suo moto, start the internal enquiry/investigation and recommend appropriate action.

      All Employees will also be expected to be sensitive to any circumstances or behavior among their colleagues which appear to go against the Company’s policy on this matter. In case they become aware of any such incidence, they will immediately inform the Presiding Officer of ICC for appropriate action.

   2. Conciliation

      On receipt of a complaint from an Aggrieved Person, ICC may, before initiating an enquiry and at the request of the Aggrieved Person take steps to settle the matter between the Aggrieved Person and the Respondent through conciliation. Provided that no monetary settlement shall be made as a basis for such conciliation.

      The settlement so arrived at will be recorded by ICC and forwarded to the Employer. The Employer will be responsible to ensure that actions recommended in the report of ICC are implemented.

      ICC will also provide copies of the settlement so recorded to the Aggrieved Person and the Respondent.

      Once the settlement is arrived at and both the Aggrieved Person and Respondent agree to the same, no further inquiry will be conducted on the matter by ICC.

      Further, if the Aggrieved Person informs ICC that any term or condition of the settlement arrived at has not been complied with by the Respondent, then ICC shall proceed to make an inquiry into the complaint or forward the complaint to the police.

   3. Inquiry of Complaint

      In case the Aggrieved Person does not request for conciliation, ICC will make an inquiry into the complaint in such a manner as prescribed under the Rules, within 10 working days of the receipt of the complaint from the Aggrieved Person, where the Respondent is an Employee.

      ICC will conduct the inquiry and investigation with all possible care, sensitivity and discretion in protecting the sensibilities of the Aggrieved Person and Respondent. Both the Aggrieved Person and Respondent will be given all reasonable opportunity to be heard by ICC. A copy of all findings will be made available to the Aggrieved Person and the Respondent enabling them to make their respective representations against the findings before ICC.

      The result of the inquiry will be formally recorded and communicated to the Employer, along with a recommendation for appropriate action.

      The inquiry for any case should be completed within a period of 90 days from the date of complaint.

   4. Actions pending Inquiry of Complaint

      During the pendency of an inquiry, on a written request made by the Aggrieved Person, ICC may make a recommendation to the Employer for any of the following:

      1. Grant special leave to the Aggrieved Person up to a period of three months. This leave will be in addition to the any other leave entitlement;
      2. Transfer the Aggrieved Person or the Respondent to any other office of the Company;
      3. Grant any other such relief to the Aggrieved Person as is required to ensure his / her safety and health; and
      4. Restrain the Respondent from reporting on the work performance of the Aggrieved Person or writing the Aggrieved Person’s confidential report, and assign the same to another officer

      On the recommendation of ICC, the Employer shall implement the recommendations made by ICC and send the report of such implementation to ICC.

      The Company will also ensure that the career interests of the Aggrieved Person or any other Employee are not affected adversely for having drawn attention to such an offence.

   5. Inquiry Report

      On completion of the inquiry, ICC shall, provide a report of its findings, along with a recommendation for appropriate action to the Employer, within a period of 10 days from the date of completion of the inquiry. The Employer shall act upon the recommendations within 60 days of receipt of the recommendations.

      ICC will also ensure that a copy of the report is made available to the Aggrieved Person and the Respondent.

      Where ICC arrives at the conclusion that the allegation against the Respondent has not been proved, it shall recommend to the Employer that no action is required to be taken on the matter.

      However, if ICC arrives at the conclusion that the allegation against the Respondent is proved it shall make a recommendation to the Employer, as the case may be:

      1. To take disciplinary action against the Respondent, as part of which Respondent may be censured, warned, reprimanded, asked to tender written apology, or withheld from promotion and increments or even terminated from employment. The disciplinary action recommended by ICC will be disclosed to the Respondent and the Aggrieved Person separately. ICC shall at all times be sensitive to the possibility of the Respondent displaying retaliatory behavior.
      2. To take action for Sexual Harassment as 'misconduct' and in accordance with the provisions of the service rules applicable to the Respondent, or where no such service rules have been made, in such manner as may be prescribed under the Rules and based on the severity of the case recommend a penalty including termination of service with the Company.
      3. To deduct, notwithstanding anything in the service rules applicable to the Respondent, from the salary of the Respondent such sum as ICC may consider appropriate to be paid to the Aggrieved Person or their nominees, based on the following factors:
         1. mental trauma, pain, suffering and emotional distress caused to the Aggrieved Person;
         2. loss in career opportunity due to the incident of Sexual Harassment;
         3. medical expenses incurred by the victim for physical or psychiatric treatment;
         4. income and financial status of the Respondent; and
         5. feasibility of such payment in lump sum or installments.

         Provided that if such sum is not deductible from the salary due to any reason, ICC may direct the Respondent to pay such sum directly to the Aggrieved Person.

         Provided further that if the Respondent fails to pay such sum to the Aggrieved Person, ICC may take the assistance of necessary local authorities for the same.

   6. Malicious Complaint and False Evidence
      

      After its inquiry, if ICC arrives at the conclusion and can establish that the allegation against the Respondent is malicious, false or frivolous or the Aggrieved Person making the complaint has produced any forged or misleading documents or has been motivated by reasons that are clearly unconnected with gender issues, it may recommend to the Employer to take action including any disciplinary action against the Aggrieved Person who has made the complaint, in accordance with the provisions of the service rules applicable to the Aggrieved Person and where no such service rules have been made, in such manner as may be prescribed under the Rules.

      Provided that the mere inability to substantiate a complaint or provide proof may not result in the complaint being considered malicious, false or frivolous and need not attract action against the Aggrieved Person.

      Where ICC as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness and where no such service rules exist, in such manner as may be prescribed under the Rules.

8. Confidentiality
   

   The members of ICC and any other person related with the handling of the complaint, inquiry or recommendations will ensure complete confidentiality with regard to the identity and addresses of the Aggrieved Person, Respondent and witnesses, any information with regard to the conciliation, inquiry proceedings, recommendations of ICC and the action taken by the Employer shall not be published, communicated or made known to the public, press and media in any manner; however information may be disseminated regarding the justice secured to any Aggrieved Person without disclosing the name, address identity or any other particulars calculated to lead to the identification of the Aggrieved Person and witness.

   The Company will do everything consistent with enforcement of this Policy and with law to protect the privacy of the individuals involved and to ensure that the Aggrieved Person and Respondent are treated fairly.

   If any member of ICC or any other person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under this Policy contravenes the provisions of confidentiality stated herein, then such person or member, shall be liable for penalty in accordance with the provisions of the service rules applicable to the said member or person, or where no such service rules exist, in such manner as may be prescribed under the Rules.