AGUS WOLD LIFE LLP POLICY ON PREVENTION OF SEXUAL HARASSMENT (POSH) OF WOMEN AT THE WORKPLACE

1.INTRODUCTION AND PURPOSE:

This Policy on Prevention of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) (“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 referred to as “Act” and “Rules” respectively) in 2013, and with the intention of providing a sexual harassment free environment and addresses the prevention and redressal of sexual harassment at the Workplace.

This POSH policy is applicable to all offices and other work premises of AGUS WORLD (Formerly known as “AGUS WOLD LIFE LLP”), and its subsidiaries, including any other entities that may be incorporated as subsidiaries of AGUS WOLD LIFE LLP.

At AGUS WOLD LIFE LLP, we are committed to promoting a safe, respectful, and inclusive work environment for all employees. We recognise that sexual harassment is a serious offence and a violation of an individual’s fundamental rights and dignity.

This policy aims to establish a zero-tolerance approach towards sexual harassment, create gender-sensitive safe spaces, and address underlying factors that may contribute to a hostile work environment against women and through this gender-neutral policy, we exhibit our commitment to providing enabling work conditions and a workplace that is gender sensitive recognizing role of every employee (regardless of gender) as an equal player, agent, and leader of change in their families, communities, workplace and society.

The POSH Policy has been derived from the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.

2. SCOPE AND APPLICABILITY:

This policy applies to all employees, including permanent, temporary, contract, and part-time staff, as well as interns and volunteers. It covers all locations where work-related activities take place, including office premises, off-site events, business trips, and virtual workspaces.

The policy shall also be applicable to all third parties, such as visitors, clients, customers, contractors, service providers, and any other person authorised to be present within the premises/ workplace of the organisation.

3. DEFINITIONS:

“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.
“Employee” means a person employed at a workplace for any work on 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 co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.
“Employer” means –
1. in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department or such other officer as specified by the appropriate Government or local authority.
2. in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace.
  Explanation — For the purposes of this sub-clause, “management” includes the person or board or committee responsible for the formulation and administration of policies for such organisation.
3. in relation to the workplace covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to employees.
“Internal Committee (IC)” means the committee constituted by the Organization further to the Act and Rules to redress complaints of sexual harassment at the workplace. The Internal Committee is the sole inquiring authority into all complaints of sexual harassment at the workplace and a recommendatory body for disciplinary actions thereof based on the findings of the inquiries.
“Local Committee (LC)” means every District Officer shall constitute in the district concerned, a committee to be known as the “Local Committee” to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself.
“Member” means a Member of the Internal Committee or the Local Committee, as the case may be.
“Respondent” means the person against whom the aggrieved woman has made a complaint of sexual harassment.
“Sexual Harassment” includes the following:
1. physical contact and advances;
2. a demand or request for sexual favours;
3. making sexually coloured remarks;
4. showing pornography;
5. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
“Workplace” includes:
1. any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society
2. any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities, including production, supply, sale, distribution or service
3. hospitals or nursing homes;
4. any sports institute, stadium, sports complex or competition or games venue, whether residential or not, used for training, sports or other activities relating thereto
5. any place visited by the employee arising out of or during the course of employment, including transportation by the employer for undertaking such journey

4. PREVENTIVE MEASURES:

To foster a gender-sensitive safe space and prevent sexual harassment, the LLP will:

Conduct regular awareness and sensitisation programs to educate employees about sexual harassment, its consequences, and their rights and responsibilities.
Provide training to all employees, including managers, on identifying, reporting, and addressing instances of sexual harassment.
Encourage an open-door policy where employees can freely report incidents without fear of retaliation.
Ensure that confidentiality is maintained throughout the complaint handling process.

5. COMPLAINTS AND REDRESSAL:

Reporting: Any employee who experiences or witnesses sexual harassment must report the incident immediately to the Internal Complaint Committee or use the designated reporting channels.
Confidentiality: The identity of the complainant and the alleged harasser will be kept confidential during the investigation, to the extent permitted by law.
Prompt Investigation: All complaints will be promptly and impartially investigated. The investigation process will be completed within a reasonable time frame.
Disciplinary Action: If the investigation confirms an incident of sexual harassment, appropriate disciplinary action will be taken against the perpetrator, which may include counselling, warnings, suspension, or termination, based on the severity of the offence.
Support to the Complainant: The LLP will provide necessary support and assistance to the complainant throughout the investigation and resolution process.

6. INTERNAL COMPLAINT COMMITTEE:

The Internal Committee shall consist of the following Members namely:

a Presiding Officer who shall be a woman Employee at a senior level; provided that in case a senior-level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace.
Provided further that in case the other offices or administrative units of the workplace do not have a senior-level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation.
not less than two Members from amongst employees, preferably those who have experience in social work or have legal knowledge.
one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.One-half of the total Members so nominated shall be women.

The Presiding Officer and every Member of the Internal Committee shall hold office for a period not exceeding (3) three years from the date of nomination. While re-constituting the Internal Committee, the Employer may nominate either new members or existing members, as deemed fit.

The procedure as regards the Internal Committee shall be as contemplated under the provisions of the Act. The Internal Committee shall consist of the members mentioned in Annexure A to this Policy.

The Internal Committee may also appoint a sub-working committee in its discretion.

The Internal Committee is responsible for:

Investigating every formal written complaint of sexual harassment.
Taking appropriate remedial measures to respond to any substantiated allegations of sexual harassment.
Discouraging and preventing employment-related sexual harassment.Where the Presiding Officer or any Member of the Internal Committee:
contravenes the provisions of section 16 of the POSH Act; or has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him/her; or has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against; or has so abused his/her position as to render his/her continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the section 4 of the POSH Act.

7. COMPLAINT OF SEXUAL HARASSMENT:

A Complainant may make a written complaint providing the name, department and details of the incident, to any of the Internal Committee members at the workplace. Alternatively, the Complainant may bring such compliant to the notice of the Internal Committee via email to aguspharma.llp@gmail.com or visit agusworld.com (Website) and report their concern. In case of a verbal complaint, the Complainant will have to follow it up with a written complaint submitted to the Internal Committee. A Complainant may make a complaint of Sexual Harassment at Workplace to the Internal Committee within a period of three months from the date of the incident, and in case of a series of incidents within 3 months from the date of the last incident. The Internal Committee is empowered to extend the time limit beyond three months from the date of the incident, but not exceeding three months thereafter, for reasons to be recorded in writing if the Internal Committee is satisfied that the circumstances were such that prevented the person from filing the complaint within the said period. The Presiding Officer or any Member of the Internal Committee may also render reasonable assistance to the Complainant for making any complaint in writing, if the Complainant cannot make the complaint in writing herself. In the event the Complainant is unable to make a complaint on account of the Complainant’s physical or mental incapacity, death, or any other reason which prevents the Complainant from making a complaint, then the Complainant’s legal heir or any other person as mentioned below may make the complaint on the Complainant’s behalf under the Policy:

1. In the event the Complainant is unable to make the complaint on account of the Complainant’s physical incapacity, the complaint may be filed by:
  1. the Complainant’s relative or friend;
  2. the Complainant’s co-worker;
  3. an officer of the National Commission for Women or State Women’s Commission; or
  4. any person who has knowledge of the incident, with the written consent of the Complainant.
1. In the event the Complainant is unable to make the complaint on account of the Complainant’s mental incapacity, the complaint may be filed by:
  1. the Complainant’s relative or friend;
  2. a special educator;
  3. a qualified psychiatrist or psychologist;
  4. the guardian or authority under whose care the Complainant is receiving treatment or care; or
  5. any person who has knowledge of the incident jointly with the Complainant’s relative or friend, or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care the Complainant is receiving treatment or care.
1. In the event the Complainant is unable to make the complaint for any other reason, the complaint may be filed by any person who has knowledge of the incident, with the Complainant’s written consent.
2. In the event of the death of the Complainant, the complaint may be filed by any person who has knowledge of the incident, with the written consent of the Complainant’s legal heir.
  A withdrawal of the complaint made or filed at any stage of the proceedings shall not preclude the Internal Committee from proceeding with the investigation of the complaint.

8. NON-RETALIATION:

Retaliation against an employee who has made a complaint or participated in an investigation in good faith will not be tolerated. Any such acts will be treated as a separate violation of this policy and will be subject to appropriate disciplinary action.

9. REVIEW AND AMENDMENTS:

This policy will be reviewed periodically to ensure its effectiveness and relevance. Any necessary amendments will be made based on changing circumstances and requirements.

10. POLICY IMPLEMENTATION AND REVIEW

The policy will be implemented and reviewed by the HR department of AGUS WOLD LIFE LLP.
All other policies of the organisation having a bearing on the implementation of this policy shall be revised accordingly.
Policy shall be made available on the LLP intranet for employees to refer to.
Display the constitution of the Internal Complaints Committee at conspicuous places within operational premises.
The policy shall be made part of the Corporate Induction module.
It is recommended that the Internal Complaint committee maintain the following records:
1. Number of complaints of sexual harassment at the workplace received in the year.
2. Number of complaints disposed of during the year.
3. Number of cases pending inquiry for more than the prescribed time.
4. Number of training courses conducted.
5. The number of workshops and awareness programs is carried out.
6. Nature of action taken by the organisation.