POSH

Sexual harassment is a form of sexual violence which happens at your workplace. It refers to physical, verbal, non-verbal and/or digitally mediated advances which are sexual in nature and are made non-consensually.

Some examples of sexual harassment include showing or sharing pornographic material, touching or groping someone, making sexually coloured remarks about someone’s appearance or body type without their consent, sending sexually inappropriate emails or messages, lewd or suggestive gesturing, or staring at someone in a manner that makes them uncomfortable.

All spaces that you visit during the course of your work will be counted as a workplace, including but not limited to your physical office, clients’ offices, work commute vehicles, as well as other venues that you may visit during the course of your employment. This includes both physical as well as virtual spaces such as Google / Zoom meetings and WhatsApp groups.

Any person who is an employee of the Talla Jewellers Pvt. Ltd team (full time or contractual) against whom the incident of sexual harassment has happened, or someone who is not an employee but harassed by a Talla Jewellers Pvt. Ltd employee or on the Talla Jewellers Pvt. Ltd premises, can file a complaint of sexual harassment.

There are a few instances where others can file a complaint on behalf of the complainant as well – provided that the explicit and written consent of the aggrieved person or their legal representative is taken.

The Act only recognises cis-gendered women as aggrieved but the internal policy at Talla Jewellers Pvt. Ltd accepts claims of sexual harassment by all members, irrespective of their gender.

However, owing to the POSH Act 2013 only recognising cis-gendered women as aggrieved persons, these complaints will not fall within the purview of, or be governed by, the PoSH Act. They shall be a matter of internal company policy.

You can file a complaint against a person of any gender who is an employee of the Talla Jewellers Pvt. Ltd team (full time or contractual), or even an employee of another company or a complete stranger who is present on the Talla Jewellers Pvt. Ltd premises. In all such cases, the IC at Talla Jewellers Pvt. Ltd can register and hear your complaint.

Talla Jewellers Pvt. Ltd has a guiding grievance redressal form which has to be completed and shared with the presiding officer. You can either fill this form online at https://bit.ly/tjplposhform, or send this document in both via email to posh@tallajewellers.com or even as a post to the presiding officer. The details of the presiding officer can be found below.

As a complainant, you have the right to choose between opting for the informal process (conciliation) or the formal process (inquiry).

If you choose to engage in the informal process and the respondent fails to abide by the obligations of the conciliation agreement entered into, then you have the option to initiate the formal process.

The IC’s role in the informal process is more restricted when compared to their role in the formal process.

The Sexual Harassment of Women (Prevention, Protection and Redressal) Act, 2013 mandates that all workplaces with over 10 employees should constitute an Internal Committee to listen to and address complaints of sexual harassment at the workplace. In addition to settling complaints, members of the IC are also responsible to make suitable recommendations to enhance the safety and wellbeing of the workplace against sexual harassment.

The following members serve on the Talla Jewellers Pvt. Ltd Internal Committee.

In some cases where the complainant or respondent is an employee of another company, then a complaint can be filed with their IC as well. There is also an option to set up a joint IC consisting of members both from the IC at Talla Jewellers Pvt. Ltd as well as members of the IC at the other organization.

Please note that if the complainant or respondent are not part of Talla Jewellers Pvt. Ltd team, we will follow due process but they are not obliged to comply.

A complaint for sexual harassment has to be made within 3 months of the incident having taken place. In very rare cases and with special reasons, an extension of an additional 3 months may be granted by the Internal Committee (IC).

It is advised to maintain a digital and a physical copy of the complaint, names and details of witnesses as well as any other information that is intended to be used as evidence in the case.

Once you have submitted the complaint, make sure to receive a written acknowledgement of the same from the IC.

In addition to the rights that are part of the principles of natural justice, the respondent has the following rights:

1. The right to receive copies of the complaints, orders and judgments made by the IC;
2. The right to reply to any of the allegations made against you the respondent in a satisfactory manner; and,
3. The right to appeal against the decision of the IC if required.

In case you wish to file a complaint stating that a false complaint has been filed against you, the process for it will be the same as the process for determining the outcome of a sexual harassment complaint as well. A mere inability to prove guilt is not sufficient to prove the falsity of the complaint

Even though the IC enjoys flexibility in how they want to conduct their proceedings they have to follow the three principles of natural justice. These are the rights accorded to all employees who are party to an investigation under the IC:

1. The right to notice – the right to know about the stage of proceedings and next steps.
2. The rule against bias – the right to ensure that all members of the IC are unbiased.
3. The right to a fair hearing – the right to be given a fair chance of hearing before a decision is made

Yes, the option to file a complaint with the police and initiate criminal proceedings continues to exist even after the proceedings under the internal anti-sexual harassment policy have been initiated. The IC can assist in this process of filing the complaint, and also providing referrals for independent lawyers

If you want to file a complaint against the employer, then you are required to file a complaint with the Local Complaints Committee (LCC) instead of the IC. You can enquire with the IC on the process and any required assistance.

If you are unsatisfied with the findings of the IC, you have the option of appealing the decision within 90 days from the date of the decision of the IC was made known to you. This appeal can be filed in the relevant court or tribunal notified by law.

In case you wish to make a formal complaint against the IC or members specifically, you can write to the HR manager or the head of the organization.

Also, if you are not a cis gendered woman filing the complaint, and you are not satisfied with the findings or recommendation of the IC, you will not be able to appeal in an appropriate court or tribunal. The process of appeal is extended only to cis-gendered women. However, you will be able to put forth an appeal through an independent lawyer under other relevant laws and provisions of the Indian Constitution.

Yes. Both parties to proceedings under this law have the right to confidentiality. This means that any and all information relevant to the case such as contents of the complaint made, identity and addresses of the parties and the witnesses and specific details about the outcomes of the case cannot be made public by the complainant, the respondent or any member of the IC committee. However, the organisation is allowed to share information about decisions in some cases after ensuring that no identifiable information is contained therein.

You will not get into trouble for being in a consensual relationship with any of your colleagues. However, if it has potential to violate other employees’ work environment, for e.g. a direct reporting relationship that could lead to favoritism, it is suggested to keep the management informed of the same.

Also, if you are in a consensual relationship with a colleague, and they have harassed you in the confines of the relationship, the IC may be open to investigate the matter if it is within their jurisdiction, as it could impact the health of the working environment of the people involved.

A recent notification passed by the Maharashtra Government identifies the Mumbai Industrial Court to be the right forum where appeals against orders passed by the Internal Committee can be made.

A workplace includes any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for the purpose of commuting to & from place of employment.

However, in the event of an unofficial private gathering, where there has been no formal invitation by the workplace, it will not be considered as a workplace.

If you have been harassed in such an informal gathering, the IC may be open to investigate the matter if the incident could impact the health of the working environment of the people involved.