KW Group (the “Company”), is committed to provide a non- discriminatory, non- hostile and harassment free work environment for women. Accordingly, this Policy is formulated under the Company’s Policies and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred as the “Act”); and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (hereinafter referred as the “Rules”).
This Policy mandate that, no woman shall be subjected to Sexual Harassment at the workplace. Sexual Harassment at the workplace is a grave offence and is, therefore, punishable.
This policy is applicable to all KW Group entities. Please refer to Annexure A for the list of KW Group entities.
“Sexual Harassment'' includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:
Further, any of the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:
“Workplace” means all the administrative locations of KW entities and includes any place visited by the employee of KW Group entities arising out of, or during the course of employment including transportation provided by the Company for undertaking such journey. Below are the workplaces:
“Aggrieved Woman” in relation to a KW Group workplace means a woman of any age, whether employed or not, who alleges to have been subjected to any act of Sexual Harassment by the respondent. “Respondent” in relation to KW Group workplace is a person against whom the aggrieved woman has made the complaint. “Employer” means a senior employee of KW Group entity and administrative location who has been designated as employer for the purposes of the Act.
The Company has constituted an “Internal Committee” (also referred to as “IC”) to investigate into complaints of Sexual Harassment of a woman at the Workplace in accordance with the requirements of the Act and Rules.
The Presiding Officer and the members of the IC shall hold office for a period not exceeding three years from the date of their nomination by the employer. The Employer may, from time to time, review the membership of the IC and make appropriate changes.
Internal Committee for the KW Delhi-6 site situated at Main Road, NH-58 Bypass, Raj Nagar Extension, Ghaziabad, Uttar Pradesh- 201017 with effect from 20th August 2021 comprises of:
b. The complaint should contain following details:
i Name of Aggrieved Woman / Complainant
ii Name of Respondent
iii Details of incident or incidents
iv Evidence, if available
v Names and details of witnesses, if available
Copy of complaint along with supporting documents and names and address of witness shall be sent to Internal Complaints Committee to the email id email@example.com. c. The IC should send one copy of the complaint to the Respondent within a period of seven working days.
d. The Respondent should file their reply to the complaint along with the list of documents, names and addresses of witnesses, within a period not exceeding ten working days from the date of receipt of the written complaint.
The complaint should be submitted within a period of three months from the date of the incident of Sexual Harassment, and in case of a series of incidents, within a period of three months from the date of the last incident. IC, for the reasons to be recorded in writing, can extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within three months from the date of the incident of sexual harassment.
During inquiry, on a written request made by the Aggrieved Woman or Complainant, the IC may recommend the Employer to:
The Company views Sexual Harassment of a woman very seriously and notwithstanding anything contained in any other Policy of the Company, the following acts shall constitute a misconduct and breach of ethical behavior:
However, it is clarified that a mere inability to substantiate a complaint or provide adequate proof will not constitute · misconduct¸ or a breach of ethical behavior.
Misconduct or breach of ethical behavior mentioned in section 9.1 is punishable with appropriate disciplinary action in accordance with Company Policy and can include any of the following actions:
Recommendation of the IC shall be acted upon by the Employer within a period of sixty days of the date of receipt of the IC report.
The Company will ensure compliance with all the requirements of the Act and Rules and will ensure that this Policy, including the IC member’s information and the penal consequences of Sexual Harassment are displayed on the notice boards of all its administrative locations.
The Company will organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and training programs and seminars for the members of the IC to effectively handle the complaints in the manner as prescribed in the Act and Rules.
In each calendar year, the IC shall prepare an annual report and submit the same to the Employer. The annual report shall also be submitted to the District Officer at such time as may be prescribed under the Act. The IC shall include in the annual report information regarding number of cases filed, their disposal under the Act and Rules; actions taken; number of complaints pending for more than 90 days and the number of workshops and awareness sessions conducted on Sexual Harassment.
As per the Companies (Accounts) Rules, 2014, a statement will be given as a part of the Director report that the Company has complied with provisions relating to the constitution of Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The Policy may be reviewed at the end of each calendar year by the Company to ensure that it remains consistent with the overall objectives of the Company and with the applicable laws. The Policy may be reviewed at shorter intervals if the law pertaining to Sexual Harassment changes before the stipulated time of review.