Policy on Prevention of Sexual Harassment

• Pennar Industries Limited (“Employer”) is committed to provide all employees an environment free of any kind of harassment based on race, colour, sex, religion or sexual orientation. Employer believes that all employees of Employer have the right to be treated with dignity. Sexual harassment at the workplace or other than workplace if involving employees and in the course of official duty is a grave offence and is, therefore, punishable.
• The Employer is committed to providing a work environment free of sexual harassment. Sexual harassment is a form of workplace harassment of a sexual nature that affects the dignity of women and men at work.
• In line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”), this prevention of sexual harassment policy (“Policy”) has been formed to prohibit, prevent or deter the commission of acts of sexual harassment at workplace and to provide the procedure for the redressal of complaints pertaining to sexual harassment.
• Capitalized terms used in this Policy that are not otherwise defined herein shall have the meanings assigned to them under the Act.

• This Policy applies to all categories of employees of the Employer, including permanent employees, temporary workers, consultants, trainees, apprentices, and employees on contract at its workplace or during official duty with immediate effect.
• Workplace includes:
  1. All offices / manufacturing plant or other premises where activities in relation to the Employer’s business are undertaken or conducted.
  2. Any place visited by an Employee arising out of or during employment including transportation provided by the Employer for undertaking such journey.

((i) and (ii) are hereinafter collectively referred to as “Workplace”)

• Sexual Harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of sexual nature. Sexual harassment at workplace shall include, any unwelcome sexually determined behaviour (whether directly or by implication) as:

• Physical contact and advances
• Requests or demands for sexual favour
• Sexually colored remarks
• Showing pornography
• Threat or innuendoes, touching, patting, pinching
• Comments on physical appearance
• Obscene emails, SMS, MMS, messages, phonographic or sexually oriented jokes
• Any conduct that has the purpose or the effect of interfering with an individual’s work performance or creating an intimidating, offensive or hostile environment or rendering of humiliating treatment likely to affect health or safety or implied or explicit promise of preferential or detrimental treatment in his / her employment.

• The roles and responsibilities of the Committee, Independent Member, Regional Human Resource Leaders/Regional and Functional Leaders, Head of Human Resource and the Employer shall be as detailed in Annexure 1-4, respectively.
• Company understands that it is difficult for the victim to come forward with a complaint of sexual harassment and recognizes the victim’s interest in keeping the matter and identity confidential. To protect the interests of the victim, the accused person and others who may report incidents of sexual harassment, confidentiality towards name of the victim will be maintained throughout any investigatory process to the extent practicable and appropriate under the circumstances.

1. Internal Complaints Committee (ICC)

• In line with the provisions of the Act, we have set up the internal complaints committee (ICC). The Committee would work towards preventing and prohibiting inappropriate, intimidating, or otherwise offensive sexually related conduct.
• Constitution of the Committee
• The Committee shall comprise of at least four members:
  • A senior level woman employee as the presiding officer (where a senior level woman employee is not available in a particular administrative unit or office, then senior level woman employee from other administrative unit or office) (“Presiding Officer”);
  • Two other employees committed to the cause of women or having legal knowledge or social work experience; and
  • An independent member from an NGO or familiar with issues relating to sexual harassment (“Independent Member”).
• Provided however at least one half of the total members of the Committee shall be women. The persons referred to in paras (ii) and (iii) above are hereinafter referred to as “Members”.

2. Redressal process

Filing of Compliant

• Any Employee who has been subjected to any act of Sexual Harassment at the Workplace (“Aggrieved Employee”) may file a complaint of Sexual Harassment (“Complaint”) through an email to posh@pennarindia.com within a period 3 (three) months from the date of the incident. Further, in the case of a series of instances of Sexual Harassment, a complaint may be filed within a period of 3 (three) months from the date of occurrence of the last incident. The Aggrieved Employee shall provide the Committee with documentary proof, oral or written material, etc., to substantiate his / her complaint.
  • The Committee may extend the prescribed period of three (3) months for filing a complaint by a further period of up to three (3) months, provided it is satisfied that circumstances prevented the Aggrieved Employee from filing the complaint within the initial period. The reasons for such extension shall be recorded in writing by the Committee.
  • Upon receipt of a complaint from an Aggrieved Employee, the Committee shall hold a meeting with the Aggrieved Employee within 5 (five) days of the receipt of the complaint, but no later than 7 (seven) days in any case.
    1. As per the Act, a Local Complaints Committee is required to be set up to receive complains of sexual harassment from establishments which do not have an Internal Complaints Committee due to having less than ten employees.
    2. As per the provisions of the Act, an Internal Complaints Committee is required to be constituted at each unit, branch, and office of Employer located pan India.

Settlement and Conciliation

• The Aggrieved Employee shall have the option to settle the matter with the Respondent through conciliation. In the event the Aggrieved Employee chooses to settle the matter through conciliation, the Committee shall take all necessary steps and actions to settle the matter through conciliation. However, the conciliation shall not be based on a monetary settlement.
• After the matter has been settled between the Aggrieved Employee and Respondent, the Committee shall record the terms of the settlement and send a copy of the same to the [Head HR] of the Employer to take such necessary actions as may be recommended by the Committee. Copies of the settlement shall be provided to the Aggrieved Employee and the Respondent.
• In cases where a settlement has been reached no further inquiry shall be conducted by the Committee. However, if the terms of the settlement have not been complied with by the Respondent, the Committee shall initiate an inquiry in relation to the Complaint immediately.

Inquiry Process

• In case the Aggrieved Employee does not wish to settle in accordance with ‘Settlement and Conciliation’ as mentioned above, the Committee shall initiate an inquiry in accordance with the rules as may be prescribed by the Central Government from time to time/in the manner as detailed below. The Committee shall upon initiation of an inquiry communicate the same to both the Aggrieved Employee and the Respondent.
• The Committee will hold a meeting with the Aggrieved Employee within 5 (five) days of the receipt of the Complaint, but no later than 7 (seven) days from receipt of a Complaint.
• The committee shall hear the Aggrieved Employee and record his / her allegations. The Committee shall prepare a statement of the allegations made by the Aggrieved Employee and provide the Respondent with a copy of the same, on an immediate priority.
• Thereafter, the Committee shall determine whether the allegations made by the Aggrieved Employee fall under the purview of Sexual Harassment as per the terms of the Policy and the Act. The Committee shall record its finding with reasons and shall provide both the Aggrieved Employee and Respondent with copies of the findings of the Committee to enable them to make their representations against the findings of the Committee.
• The Aggrieved Employee and Respondent shall file their representations within 10 (ten) days of receipt of the findings of the Committee. The Aggrieved Employee and the Respondent shall be provided with a copy of the representations filed by the Respondent and Aggrieved Employee, respectively.
• The Committee shall conduct the inquiry based on the representations filed by the aggrieved employee and the Respondent and shall call upon all witnesses mentioned by both the parties in their respective representations.
• The Committee shall complete the inquiry within 90 (ninety) days from the date of receipt of the complaint from the Aggrieved Employee and communicate its findings and its recommendations for action to the Head of Human Resource of the Employer.
• During the conduct of an inquiry in relation to a Complaint filed by an Aggrieved Employee, the Committee shall have the same powers as are vested in a civil court under the Civil Procedure Code, 1908 when trying a suit in respect of the following matters:

1. To Summon and enforce the attendance of any person and examine such person under oath;
2. Requiring the discovery and production of documents; and
3. Any other matter as may be prescribed under the Act and rules made thereunder.

Action during pendency of inquiry

• The Committee may, during the pendency of the inquiry, upon receipt of a written request from the Aggrieved Employee, recommend to the Head of Human Resource of the Employer to:

1. Transfer the Aggrieved Employee or Respondent to another Workplace; or
2. Grant leave to the Aggrieved Employee (other than as the Aggrieved Employee is entitled to as per Employer’s leave policy) up to a period of 3 (three) months; or
3. Grant such other relief to the Aggrieved Employee as may be prescribed by the Committee and/or the applicable provisions of the Act.

• Upon receipt of a recommendation from the Committee in accordance with Para above, the Head of Human Resource of the Employer shall implement the recommendation of the Committee within 10 (ten) days and provide the Committee with a report of such implementation.

Inquiry Report and Implementation

• Upon completion of an inquiry, the Committee shall provide a copy of the report to the Head of Human Resource Department of the Employer within a period of 10 (ten) days from the date of completion of the inquiry.
• The Head of Human Resource Department of the Employer will direct appropriate action in accordance with the recommendations proposed by the Committee and act upon the recommendations of the Committee within 60 (sixty) days of receipt of the report. A copy of the report shall also be provided to the Aggrieved Employee and the Respondent.
• Upon receipt of a report in the manner specified above, the Head of Human Resource of the employer shall implement the recommendation of the Committee as specified in the report, within the timeframes mentioned above, and thereafter within [10 (ten)] days of implementation, provide the Committee with a report confirming such implementation.

• The Management reserves the right to alter, withdraw or adjust the policy at any time without notice, at the discretion of the board of directors of the Employer and the same will be communicated to the employees.
• All records of complaints, including contents of meeting, results of investigations and other relevant material will be kept confidential and recorded further sent to HR for or the purpose of implementing the Committee's recommendations and maintaining the employee's official personnel records
• Any deviation / Exception in the policy will be applicable post approval from Group Head HR.