PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal)

Act 2013
Alkem Laboratories Limited
 Alkem Equal Employment Principle

Alkem Laboratories Ltd. is an equal employment opportunity company and is

committed to creating a healthy working environment that enables employees to
work without fear of prejudice, gender bias and sexual harassment. The Company
also believes that all employees of the Company have the right to be treated with
dignity. Sexual harassment at the work place or other than work place if involving
employees is a grave offence and is, therefore punishable.

Alkem Laboratories Limited

 The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
• The objective of the Act is protection of women against sexual
harassment at workplace.
• Contains obligations for all categories of employers.
• All provisions in this Act are in addition to and not in derogation of
any law.
• Requires employers to redress grievances of sexual harassment in a
confidential and time bound manner

“Sexual Harassment” includes any unwelcome act or behaviour Circumstances amounting to “Sexual Harassment”
whether directly or by implication:
• Implied or explicit promise of preferential treatment
• Sexually coloured remarks; in employment; or
• Physical contact and advances; • Implied or explicit threat of detrimental treatment in
• Showing pornography; employment or about present or future
• A demand or request for sexual favours; and/or employment status; or
• Any other unwelcome physical, verbal/non verbal conduct • Interference with work or creating an intimidating or
being sexual in nature. offensive or hostile work environment; or
• Humiliating treatment likely to affect health or
safety.
Alkem Laboratories Limited
 Important Concepts under the Act
Aggrieved Woman
• covers all women
• covers clients, vendors, service providers, customers and domestic
workers as well irrespective of age, employment status, employed
in organized or unorganized, public or private sectors

Workplace
• Any organisation, undertaking, establishment, enterprise,
institution, office, unit or branch etc.;
• hospitals and nursing homes;
• dwelling place/house;

Extended Workplace
• Any place visited by the employee arising out of, or during course
of employment, including transportation provided by employer.
Alkem Laboratories Limited
 Salient Features of Inquiry & Instructions to Members
• The ICC is a fact-finding body and shall conduct the enquiry in
Natural Justice and accordance with principles of natural justice in a fair and
objective manner. It should maintain confidentiality at all times
Confidentiality and is prohibited to discuss regarding the complaint with any
third party including employees;

Time period for enquiry • The ICC has to complete the inquiry within 90 days;

• If the complainant or the respondent fails, without sufficient

cause, to be present before the ICC for 3 consecutive hearings,
the ICC will give a notice of 15 days to the concerned party
Termination of Enquiry before terminating the enquiry proceedings or a decision will
be made on behalf of the complaint taking all available
evidence into consideration;

Legal Representative • No legal representative allowed during enquiry proceedings

Alkem Laboratories Limited
 Complaint Handling Process
1. Initiation 2. Inquiry
Min. 3 committee members
Complaint Submission including presiding officer required
• Written complaint within 3 months of the for inquiry process
last incident

ICC will hear the complainant and

respondent separately and record
ICC sends a copy to the respondent their observations.
• Within 10 working days
If the complainant or respondent
may wish to call upon witnesses,
they can inform the ICC in writing.
Respondent replies with evidence
• Within 7 working days Within 10 days, ICC shall report its
findings and recommendations to Head
HR for further action as per Standing
Orders, applicable.
Opportunity for Conciliation
• On request of the complainant both If the complainant is aggrieved of the
parties may choose to go in for recommendations of ICC can file an
Alkem Laboratories Limited
Conciliation appeal with the Tribunal within 90 days
 Complaint Handling Process-Interim Relief

On written request by the complainant, the committee may, with the power vested in them,
recommend to

• Transfer the complainant or the respondent to any other workplace

• Grant leave of max 3 months, in addition to regular leave
• Prevent the respondent from assessing complainant’s work performance
• Grant such other relief as may be appropriate
• Such relief may only be granted to the aggrieved woman.

Alkem Laboratories Limited

 Malicious Complaints

If it is found that the allegation is malicious, or the person making the complaint knew it to be
false, or complainant has produced forged/misleading documents it will be treated as a
Malicious Complaint. In such cases, suitable action can be taken against the complainant.

Alkem Laboratories Limited

 Possible punishments if found guilty
• Written apology to the complainant
• Warning/ reprimand/ censure
• Withholding of promotion/ pay rise or increments
• Termination of employment
• Counselling / Community service
• Payment of compensation*

*Deduction of compensation payable to the aggrieved woman from the wages of the respondent.
Determined by:
• Mental trauma, pain, suffering, emotional distress caused
• Loss in career opportunity due to the incident
• Medical expenses incurred
• Income/financial status of the respondent
• Feasibility of such payment in lump sum or in instalments

Disciplinary action should be proportionate to the gravity of misconduct

Alkem Laboratories Limited

Your responsibility as an Employee
• Respect the rights of others
• Refuse to participate in any activity which constitutes harassment
• Raise your voice against any such activity that may happen in your presence.
• Support the person to reject unwelcome behaviour
• Act as a witness if the person being harassed decides to lodge a complaint
• If you are being harassed tell the accused that his / her behavior is unwelcome and ask
him/her to stop.
• Keep record of incidents (Date, Time, Location, Possible Witness, what was said by the
person, your response to the person, etc.)
• If after requesting the accused to stop his / her behavior, the harassment still continues,
report the Complaint in writing to the Internal Complaint Committee
For any further assistance on this Act, please check our policy which is displayed on Alkemites. We have also attached the
details for all ICC members for your respective locations in the Policy

Alkem Laboratories Limited