Policy is applicable to all TVSM entities across the country. It shall cover within its ambit, its employees permanent & temporary including contractors’ labor, trainees, interns & consultants working for the company. Further, this policy extends and covers other stake holders such as customers, visitors, vendors, suppliers, service providers and contractors.

Entities refer to TVSM factory premises, its precincts thereof and offices situated across the country. Also includes any place visited by employee/s arising out of and in the course of employment.

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

• Physical contact and advances
• A demand for request for sexual favors
• Making Sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
• Any action or gesture that aims at outraging the modesty
• Any unwarranted conduct sexually determined, violating the dignity and thereby creating an intimidating, hostile, degrading, humiliating or offensive environment

Further, the following circumstances among other, if it occurs or is present in relation to behaviors (textual, graphic or electronic) of sexual nature may amount to sexual harassment:

• A demand or request for sexual favors over promises related to employment such as working conditions, promotion, and increments leading to preferential or detrimental treatment. This is known as “quid pro quo” sexual harassment.

However, sexual harassment does not refer to occasional compliment or conversation of a dignified or socially acceptable nature.

Sexual harassment may include a range of subtle or overt, implied or explicit behavior, depending on the circumstances of the following nature, the list being illustrative only and not exhaustive:

• Physical Harassment, which includes:
  • Physical contact and advances
  • Intentional touching, pinching, grabbing, fondling, patting brushing against another’s body
  • Sexual assault
  • Obscene exposure of body parts
  • Any physical conduct which is unwelcome
• Verbal Harassment, which includes:
  • Gesture-based harassment
  • Making direct or indirect sexually suggestive comments, threats, slurs, sexual propositions
  • Sexual jokes or teasing, anti-feminist humor, sexually colored gender specific jokes
• Written Or Graphic Harassment, which includes:
  • Showing pornography or display of pornographic material
  • Written material that is sexual in nature such a letter or notes containing a sexual comment
  • Leering or staring at another’s body and/or sexually suggested gesturing or recording without prior approval
  • Displaying sexually visual material such as pinups, cartoons, graffiti, computer programs, catalogues of a sexual nature
  • Sexual messages or images sent via text / e-mails / any other digital medium which may be perceived by the recipient as creating a hostile work environment
• Any Other Unwelcome Physical, Verbal Or Non Verbal Conduct of sexual nature apart from those listed above will constitute as sexual harassment if by reasonable perception and common discretion qualifies as sexually offensive

An Internal Complaints Committee (ICC) shall be constituted, comprising of members nominated by the management through Director & CEO, provided 50% of the total members nominated shall be women. Members as mentioned in the Annexure.

• Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees
• Two or more members from amongst the employees who have knowledge in social work or legal frame work and who can to some extent appreciate evidence and come to reasonable conclusions
• One member from amongst non-governmental organizations or associations or individuals committed to the cause of society or a person familiar with the issues pertaining to sexual harassment cases
• Heads of ERM & HRD shall be ex-officio members of the committee

• Every member of the committee including Presiding Officer shall hold office for a period, not exceeding three years, from the date of their nomination.
• Committee shall meet once in three months to discuss on various issues or immediately on receipt of a complaint.
• The committee shall be vested with the authority to investigate and hear grievance pertaining to sexual harassment and submit their report to the management.
• The committee shall be responsible in creating awareness through dissemination of this policy among all employees of the company.

An employee, under perception of being subjected to sexual advances by anyone is encouraged to firmly caution such person, that it is unwelcome, and desists from such conduct.
A person, who receives such dissuasion, is expected to desist from such conduct and make course correction in self behavior. Under any circumstances, such person shall not retaliate against the employee for rejecting such advances.

Any aggrieved person needs to make a complaint in writing to the committee either in person or by dropping in the box provided for or through immediate supervisors or through the specific e-mail id provided for the purpose.

The complaint shall be made not later than three months from the date of incident. In case of series of incidents, the complaint shall be made not later than three months from the date of last such incident.

Any member of the committee on being approached by any aggrieved employee may render reasonable assistance for making the complaint in writing.

And the committee on specific request extend the time limit not exceeding another three months, if it is satisfied that the circumstances were such which prevented the aggrieved employee from filing a complaint within the said period.

If the aggrieved woman is unable to make a compliant on account of her physical or mental incapacity, can be either assisted or any other person as may be prescribed can make a compliant.

The committee may, at the request of the aggrieved employee, take steps to settle the matter between the aggrieved employee and the respondent through conciliation, before initiating an enquiry; provided that no monetary settlement shall be made as a basis of conciliation.

If a settlement is arrived through conciliation, the committee shall prepare a written settlement with its recommendations duly signed by both parties and witnessed by the committee and provide the same to Management. And the committee shall provide copies of the settlement to the aggrieved employee and the respondent, and no enquiry shall be conducted further.

To ensure prompt enquiry into the complaint, the aggrieved employee shall provide as much of the following information as is possible:

• Name, section, department and position of the person or persons allegedly causing the harassment
• Description of the incident, including the date, location, any material evidence and its consequences
• Name and details of persons having knowledge of incident as witnesses
• Steps taken by the aggrieved employee to stop the harassment
• Any other information the aggrieved employee believes to be relevant to the harassment

The aggrieved employee may be accompanied by any colleague of choice.

On receipt of a complaint, the committee shall validate prima facie veracity of the complaint through a preliminary investigation.

Post such validation, if prima facie case is established, the committee shall initiate and conduct an enquiry within a reasonable time. In the enquiry, majority of the members should be present. It is the duty of the committee to ensure that no one is falsely indicted.

The committee shall at all-time conduct themselves, through proceedings and investigations, with ethical standards and follow the Principles of Natural Justice in all aspects.

On completion of enquiry, the committee shall provide a report to the management in writing, along with the documented enquiry proceedings and the connected documents in the enquiry file. Findings of the committee should be based on material evidence available on record.

Towards time bound disposal, the committee is required to complete the enquiry within a time frame of 90 days. On receipt of the report, management is required to take appropriate action as deemed fit within 60 days.

Where the committee concludes that the allegation against the respondent has not been proved, it shall recommend the management that no action is required.

The committee shall make an annual report to the management regarding the complaints and its compliances. Nil report also is to be submitted.

The respondent is to be provided reasonable opportunity of being heard, to produce witnesses and explain & defend the case, including production of any documents, materials in support of such defense.

The respondent shall have the right to seek the proceedings to be conducted in line with the Principles of Natural Justice in all aspects of the enquiry. The respondent may be accompanied by any colleague of choice for the enquiry.

When the committee arrives at the conclusion after due investigation, Allegation against the respondent

• Has been proved, it shall provide a report of its findings to the Management. And management to take action for the sexual harassment as a misconduct in accordance with the provisions of the Standing Orders / Service Rules as applicable to the respondent
• Complaint is either malicious or false or the aggrieved employee has produced any forged or misleading document, it shall provide such report also to the management. And management to take action for such fraudulent act as a misconduct as applicable to the aggrieved employee
• Committee`s or Aggrieved inability to substantiate a complaint or provide adequate proof shall not be treated as a false complaint and had to be reported to the management accordingly
• If the committee arrives at a conclusion that during the enquiry any witness has given false evidence or produced any forged or misleading document with intent to mislead the enquiry, the committee to provide such report to the Management. And subsequent actions against such witness concerned shall be taken as a misconduct

If any other stakeholder as per Clause 2 is alleged to have committed an offence of sexual harassment, management shall support the aggrieved employee to initiate action under the applicable laws and shall also co-operate with the authorities by rendering necessary assistance including producing of witnesses.

Similarly on receipt of complaint from other stakeholders against our employee regarding sexual harassment, the committee shall enquire into the matter and provide its report to the management and action against such employee to be taken in accordance with the Standing Orders / Service Rules as applicable.

All complaints, enquiries and investigations shall be treated as confidential. Information revealed by the committee is strictly on a need to know basis. As per the Principles of Natural Justice, the identity of the aggrieved employee shall be revealed to the respondent and witnesses.

Towards sensitizing all employees and creating awareness:

• Policy to be prominently displayed for the perusal of all employees
• Necessary explanatory sessions to be conducted for the employees as a part of orientation programs, contact programs and any such other programs

This policy will complement and will form part of the Standing Orders / Service Rules as applicable from time to time.

This policy will not prejudice any rights available under the Protection of Human Rights Act ,1993, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) and the Rights under Articles of the Constitution of India.