Policy on Prevention of Sexual Harassment at Workplace (PoSH Policy)
Samaira Education Welfare Society
(Registered under the Uttarakhand Cooperative Societies Act, 2003)
Preamble
Samaira Policy Research Society (“Society”) recognises the fundamental right of every individual to a safe, dignified, and equitable workplace. In line with its commitment to human rights, gender equality, and workplace inclusivity, the Society adopts this comprehensive policy to combat sexual harassment at workplace.The Society acknowledges that:
- Sexual harassment is a form of gender-based violence.
- It violates Articles 14, 15, 19 and 21 of the Constitution of India.
- It is prohibited under the Sexual Harassment of Women at Workplace (Prevention,
- Prohibition and Redressal) Act, 2013 (“PoSH Act”).
- It undermines the Rochdale Principles of cooperation (equality, fairness, concern for community).
- It breaches international labour standards, including the ILO Convention No. 190 (Violence and Harassment Convention, 2019).
- This policy is, therefore, an institutional guarantee that no employee, visitor, or stakeholder of the Society shall suffer any form of sexual harassment, and that robust systems of prevention, protection, redressal, and accountability are in place.
Objectives of the Policy
- The specific objectives are:
- To prohibit sexual harassment at workplace.
- To prevent such acts through awareness, training, and institutional safeguards.
- To establish a detailed complaint and redressal mechanism in line with the PoSH Act.
- To ensure confidentiality, dignity, and non-retaliation for complainants.
- To align with international norms, making the Society a model for gender-responsive
- workplaces.
Applicability and Scope
- This policy applies to:
- Employees: All persons employed at the Society, whether permanent, temporary, ad-hoc, probationer, trainee, intern (paid or unpaid), consultant, researcher, project staff, or volunteer.
- Third Parties: Vendors, service providers, security staff, maintenance staff, contractual workers, delivery personnel, visitors, and external partners.
- Workplace Coverage:
- Office premises of the Society.
- Fieldwork, research sites, and project locations.
- Seminars, conferences, workshops, meetings (including online/virtual platforms).
- Official travel, guest houses, transport provided by the Society.
- Informal work-related settings, e.g., team lunches, celebrations, cultural events.
Definitions
- Sexual Harassment (as per Sec. 2(n) PoSH Act)
Includes any unwelcome act or behaviour (directly or by implication), such as: - Physical contact and advances.
- Demand or request for sexual favours.
- Sexually coloured remarks.
- Showing pornography.
- Any other unwelcome conduct of sexual nature.
Additional Forms (based on ILO C190 and International Standards)
- Verbal: Sexist jokes, sexual comments, derogatory remarks, repeated unwanted invitations.
- Non-Verbal: Leering, staring, suggestive gestures, displaying sexually offensive material.
- Digital: Sexual messages, offensive memes, unsolicited explicit photos, cyberstalking.
- Quid Pro Quo: Employment benefits or favourable treatment offered in exchange for
- sexual favours.
- Hostile Environment: Any conduct that creates an intimidating, hostile, or humiliating
- environment for the complainant.
Complainant
Any employee, intern, volunteer, contractual worker, or visitor who alleges sexual harassment.
Respondent
The person against whom the complaint is made.
Internal Committee (IC)
A committee constituted under this policy to receive and redress complaints.
Prohibition
- Sexual harassment is strictly prohibited in all forms.
- Any violation will be treated as gross misconduct, inviting strict disciplinary action.
Constitution of Internal Committee (IC)
- Composition
- Presiding Officer: Senior woman employee.
- At least 50% of IC members shall be women.
- Two Members: From among employees (preferably with legal/HR experience or social
work background). - One External Member: From an NGO/association committed to women’s rights or with
legal expertise.
Tenure
3 years from date of nomination.
Powers
- To receive complaints.
- To summon witnesses and documents.
- To conduct inquiry with powers of a civil court (Sec. 11 of PoSH Act).
Complaint Redressal Mechanism
- Filing a Complaint
- Complaint to be filed within 3 months of incident (extendable by another 3 months if justified).
- Complaint must be in writing; IC will assist complainant if needed.
- Complaints can be submitted by:
- Hand-delivery to Presiding Officer.
- Official email (confidential mailbox).
- Through post.In case of physical incapacity, complaints may be filed by: Relative or friend. Co-worker. Legal guardian. NGO/association.
Withdrawal of Complaint
Complainant may withdraw at any stage; however, IC may continue inquiry if matter is grave.
Interim Reliefs
- Pending inquiry, IC may recommend:
- Transfer of complainant/respondent.
- Leave up to 3 months (not deducted from leave balance).
- Restriction on respondent’s access to complainant.
Inquiry Process
Notice to respondent within 7 working days of complaint. response from respondent within 10 working days. hearings: Both parties given equal opportunity to present evidence, witnesses. timelines: Inquiry to be completed within 90 days. report: IC submits findings with recommendations to management within 10 days. implementation: Management to act within 60 days of receiving report.
Actionable Consequences
If Complaint is Upheld
- Written apology.
- Warning, reprimand, or censure.
- Withholding promotion, increments, or benefits.
- Transfer or termination.
- Deduction from salary to pay compensation.
- Police complaint under IPC (if offence attracts criminal liability).
If Complaint is False/Malicious - Disciplinary action against the complainant (only if bad faith established — not merely because the complaint wasn’t proven).
Confidentiality
- Identities of complainant, respondent, witnesses, and proceedings shall be kept strictly confidential.
- Breach shall result in disciplinary action.
Training and Awareness
- Mandatory induction training for all employees.
- Annual workshops on gender sensitivity and workplace ethics.
- Posters and signages in English and Hindi, displayed prominently.
- Periodic IC orientation on inquiry procedures.
Support for Complainant
- Access to counselling services.
- Protection against victimisation and retaliation.
- Legal aid assistance where required.
Monitoring & Reporting
- IC to maintain a confidential register of complaints, inquiries, and outcomes.
- Annual Report to include:
- Number of complaints received.
- Number disposed of.
- Action taken.
- Awareness programs conducted.
- Report to be submitted to the Registrar of Cooperative Societies, as per law.
International Standards Incorporated
- ILO C190 → Recognition of violence and harassment in the world of work.
- CEDAW → Elimination of all forms of discrimination against women.
- UN Women Standards → Building gender-responsive workplaces.
- OECD Guidelines → Corporate responsibility for workplace conduct.
Policy Review
- Policy to be reviewed every 3 years or earlier if laws change.
- Amendments to be approved by the Board of Management
Annexures
1. Annexure I: Samaira Education Welfare Society : Workplace Sexual Harassment Complaint Form
2. Annexure II: Samaira Education Welfare Society: Standard Operating Procedure (SOP) for Handling Sexual Harassment Complaints
Annexure I:
Samaira Education Welfare Society : Workplace Sexual Harassment Complaint Form
(Under POSH Act, 2013 and ILO Convention No. 190)
Section A:
Complainant’s Information
1. Full Name of Complainant: ________________________________
2. Employee ID (if applicable): ______________________________
3. Designation/Department: ________________________________
Employment Category:
☐ Permanent
☐ Contractual
☐ Intern / Trainee
☐ Volunteer
☐ Visitor / External (please specify) _____________________
Gender: ☐ Female ☐ Male ☐ Other/Prefer not to say
Contact Details:
Mobile: ___________________________
Email: ____________________________
Address: __________________________
Preferred Mode of Communication (confidential):
☐ Email
☐ Phone
☐ In-person
Section B: Respondent’s Information (Accused Person)
1. Name of Respondent: ________________________________
2. Designation/Department: ______________________________
3. Employment Category:
○ ☐ Permanent
○ ☐ Contractual
○ ☐ Intern / Trainee
○ ☐ Vendor/Third-Party Staff
○ ☐ Visitor/Other (specify) _____________________________
4. Relationship to Complainant (if any): ____________________
Section C: Details of Incident(s)
1. Date(s) of Incident: ___________________________________
2. Time(s) of Incident: ___________________________________
3. Location of Incident (office, event, field visit, online, etc.):
Nature of Sexual Harassment (tick all applicable as per POSH Act & ILO C190):
☐ Physical contact and advances
☐ Demand or request for sexual favours
☐ Sexually coloured remarks / comments / jokes
☐ Showing pornography or inappropriate visuals
☐ Unwelcome physical, verbal or non-verbal conduct of sexual nature
☐ Stalking (offline or online)
☐ Sexual threats, coercion, or blackmail
☐ Online harassment (emails, messages, social media)
☐ Other (please specify): _______________________________
Description of Incident (detailed account; attach extra sheets if needed):
Was the incident a one-time occurrence or repeated?
○ ☐ One-time
○ ☐ Repeated / Continuous
Section D: Witnesses (if any)
1. Name(s) of Witness(es): ______________________________
2. Designation/Relationship to Parties: ____________________
3. Contact Information (if known): _________________________
Section E: Evidence (if any)
Please attach or list any supporting documents/evidence:
☐ Emails / Messages
☐ Call Records
☐ Photographs / Screenshots
☐ CCTV Footage
☐ Written Notes
☐ Medical Report (if applicable)
☐ Other (please specify): ________________________________
Section F: Relief Sought (Optional)
The complainant may request interim or final reliefs, such as:
☐ Transfer of self or respondent
☐ Change of reporting officer/work arrangements
☐ Leave up to 3 months (as per POSH Act)
☐ Restraining order against respondent
☐ Other (please specify): ________________________________
Section G: Confidentiality Consent
I understand that this complaint will be kept confidential and will only be shared with the
Internal Committee (IC) and relevant authorities as required by law.
● Complainant’s Signature: ________________________
● Date: ________________________
Section H: For Internal Committee Use Only
1. Complaint Number: __________________________
2. Date of Receipt: _____________________________
3. Acknowledgement Issued on: ___________________
4. Name of IC Member Receiving Complaint: ________
5. Action Taken at Preliminary Stage:
○ ☐ Accepted for Inquiry
○ ☐ Referred to Conciliation (with consent)
○ ☐ Rejected (with reasons recorded in writing)
Annexure II:
Samaira Education Welfare Society: Standard Operating Procedure (SOP) for Handling
Sexual Harassment Complaints
(As per POSH Act, 2013 & ILO Convention No. 190)
Objective
- To provide a clear, transparent, and legally compliant mechanism for prevention, prohibition, and redressal of sexual harassment at workplace.
- To ensure fair and speedy inquiry while maintaining confidentiality and dignity of all parties.
Scope
- Applies to all employees (permanent, contractual, trainees, interns, volunteers, part-time, third-party staff, vendors, consultants).
- Covers all workplaces: offices, field sites, residential hostels, training centres, virtual/online platforms, and work-related travel/events.
Internal Committee (IC)
- Composition (as per POSH Act):
1. Presiding Officer – Senior woman employee.
2. Minimum 2 employees (preferably committed to women’s welfare / legal
knowledge).
3. One external member (NGO/activist/lawyer familiar with sexual harassment
issues).
4. At least 50% women members. - Tenure: 3 years.
- Powers: IC has powers of a Civil Court (summon witnesses, call documents, examine
evidence).
Complaint Procedure
Filing of Complaint
● Must be submitted in writing (using prescribed Complaint Form).
● Time limit: within 3 months of the incident (extendable by 3 months for valid reasons).
● Complaint can also be filed by:
○ Aggrieved woman herself.
○ Legal heir/relative/friend/colleague/IC member if she is unable (e.g.,
physical/mental incapacity).
Acknowledgement
- IC to issue a written acknowledgement with complaint number within 7 working days of receipt.
Preliminary Assessment
- IC verifies if:
1. Complaint falls under POSH definition of sexual harassment.
2. Incident occurred in workplace context.
3. Complaint is within prescribed time. - IC may reject only if outside jurisdiction; reasons must be recorded in writing.
Conciliation (Optional)
- Before inquiry, conciliation may be offered (if complainant requests).
- No monetary settlement allowed.
- If settlement reached, IC records and provides copy to complainant/respondent/employer.
- If not, inquiry proceeds.
Formal Inquiry Procedure
Constitution of Inquiry Panel
● The IC itself functions as inquiry panel.
Principles
- Natural justice – Both parties get fair hearing.
- Confidentiality – No disclosure to outsiders (punishable offence if breached).
- Non-retaliation – No victimisation of complainant/witness.
Steps
1. Notice to Respondent – Within 7 working days, IC sends copy of complaint and asks for written response within 10 working days.
2. Hearings – IC conducts hearings with complainant, respondent, and witnesses.
3. Evidence Collection – IC may demand emails, CCTV footage, call logs, etc.
4. Cross-Examination – Each party may submit questions through IC (direct confrontation
avoided where necessary).
5. Interim Reliefs – IC may recommend:
○ Transfer of complainant/respondent.
○ 3 months’ leave for complainant.
○ Restriction on respondent contacting complainant.
Timelines
- Entire inquiry must be completed within 90 days.
Inquiry Report
- IC to prepare a reasoned, confidential written report within 10 days of inquiry completion.
- Report includes:
1. Allegations examined.
2. Evidence considered.
3. Findings on each charge.
4. Recommendations for action. - Copy sent to employer and both parties.
Action on Inquiry Report
- Employer must act within 60 days of receiving report.
- If guilt proven:
- Written apology, warning, censure.
- Deduction from salary as compensation to complainant.
- Withholding promotion/increment.
- Suspension/dismissal.
- If complaint malicious:
- IC may recommend action against complainant (only if evidence of bad faith, not
if complaint unproven due to lack of evidence).
Appeal
- Both complainant and respondent may file appeal within 90 days to the Labour Court/Industrial Tribunal as per law.
Confidentiality Rules
- Identities of complainant, respondent, witnesses, and details of proceedings are strictly confidential.
- Disclosure only to:
○ IC members
○ Employer (for implementation of recommendations)
○ Legal authorities (if required)
Breach of confidentiality by IC members, employer, or parties may lead to penalty under POSH Act.
Training & Awareness
- Annual mandatory training for all staff.
- Special orientation for IC members on handling complaints.
- Display of POSH policy in prominent places (English + Hindi/local language).
- Annual Report by IC to employer and District Officer (number of cases
received/disposed/pending).
Non-Retaliation Clause
- Employers guarantee that complainant/witnesses will not suffer retaliation, victimisation, demotion, or termination for filing complaints.
Record-Keeping
- IC must maintain:
○ Complaint forms.
○ Inquiry records.
○ Minutes of hearings.
○ Final reports. - All documents stored securely for at least 3 years.
Integration with ILO Convention 190
- Recognises violence and harassment as human rights violations.
- Extends protection to all workers, irrespective of contractual status.
- Acknowledges risks in digital spaces, travel, client interactions.
- Promotes a violence-free, gender-sensitive, inclusive workplace.