Prevention of Sexual Harassment Policy

Purpose

Tangoe India Softek Services Private Limited “Tangoe India” is committed to create, provide, and promote a healthy work environment and atmosphere free from any type of harassment, for all its employees. The objective of this policy is to establish a guideline with respect to creating a harassment free workplace at Tangoe India and to ensure compliance with the requirements set out in Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 together with rules and regulations framed there under and as amended from time to time, the “Act”. In any case of any contradiction between the provisions of the Act and the contents hereof as to the subject matter of the Act, the provisions of the Act shall prevail.

Scope

The policy will apply to all employees, trainees/ interns, contractors, sub-contractors, consultants working in any of the premises of Tangoe India [based in India locations] or thorough Digital medium (Official/unofficial communication medium) This document is also applicable to Third Parties while at any of the premises of Tangoe India or through Digital Medium.

Policy Statements

A) Complaints Committee The “internal complaint committee” “Complaints Committee”, a committee constituted pursuant to Section 4 (1) of the Act, is a group of identified employees of Tangoe India together with one external member from amongst [either a non-governmental organization (“NGO”) or any other association committed to the cause of women, or being a person familiar with issues relating to Sexual Harassment,] who have been assigned the responsibility to conduct investigations and report findings in event of a complaint relating to Harassment being made by an employee. The Complaints Committee shall consist of:

• A chairperson, who shall be a woman, holding a senior position in Tangoe India.
• not less than two (2) members from amongst the employees of Tangoe India – preferably committed to the cause of women or who have had experience in social work or have legal knowledge; and
• Either a [woman] representative from an NGO or any other association committed to the cause of women or a person familiar with the issues relating to Sexual Harassment at workplace.

  Not less than half of the members of this Complaints Committee as designated by the chairperson shall be women. A list of current members of the Complaints Committee is provided in Section 4 below. The tenure of each of the members of the Complaints Committee shall not exceed three (3) years from the date of his/ her nomination. Where the chairperson or any member of the Complaints Committee:

1. Breaches his/ her obligations set out in Section 16 of the Act; or
2. Has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him/ her.
3. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/ her; or
4. has so abused his/ her position as to render his/her continuance in office prejudicial to the public interest, such chairperson or member, as the case may be, shall be removed from the Complaints Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the requirements specified herein.

  B) Rights and Responsibilities of the Employee

• Every employee is entitled to a work environment that is free from any sort of Harassment.
• Employees are expected to conduct themselves in such a manner as to ensure a working environment that promotes respect and upholds the dignity of every employee of Tangoe India.
• No employee shall engage in any act or behavior that can be categorized as Harassment of any sort at the Workplace.
• Every employee shall be entitled to complain against Harassment of any kind to the Complaints Committee. Any incident of Harassment that comes to the knowledge of an employee shall be reported to the Complaints Committee promptly.
• Anybody who complains to the Complaints Committee or participates in the investigations of the Complaints Committee for giving evidence shall not be victimized or subjected to any unfavorable treatment.
• A non-disclosure agreement has to be signed by the employees (victim/ witness) involved in the investigation of a complaint lodged to the Complaints Committee.
• Every employee shall cooperate with the Complaints Committee in its investigation and any failure to do so will be deemed as a breach of this policy.

  C) Procedure for Investigation of Harassment

• Before raising a complaint, the employee who has a complaint of Harassment (the “Complainant”), shall consider carefully whether the conduct constitutes Harassment and, subject to his/ her sole discretion, choose to confront the person responsible, wherever possible. The person(s) accused of an act of Harassment shall be referred to as the “Accused”. If the Complainant feels uncomfortable with a direct approach, he/ she may make a formal complaint in writing, within a period of three (3) months from the date of the incident and in the case of a series of incidents, within a period of three (3) months from the date of the last incident to the Complaints Committee. The Complaints Committee may however, for reasons to be recorded in writing, extend the time limit not exceeding three (3) months, if it is satisfied that the circumstances were such which prevented the Complainant from filing a complaint within the said period.
• The Complaints Committee may, before initiating inquiry on the complaint, and at the request of the Complainant, take steps to settle the matter between the Complainant and the Accused through conciliation. Provided that no monetary settlement shall be made as a basis of conciliation. Where a settlement has been arrived, the Complaints Committee shall record the settlement so arrived and forward the same to the Employer to take action as specified in the recommendation. Copies of the settlement shall be provided by the Complaints Committee to the Complainant and the Accused. Where a settlement is arrived at as aforesaid, no further inquiry shall need to be conducted by the Complaints Committee. However, where the Complainant informs the Complaints Committee that any term or condition of the settlement arrived at under the conciliation proceeding as aforesaid has not been complied with by the Accused, the Complaints Committee shall proceed to make an inquiry into the complaint.
• Where no conciliation is requested, or no settlement is arrived at, or any term or condition of the settlement arrived at under the conciliation proceeding as aforesaid is not complied with by the Accused, the Complaints Committee shall forthwith inquire and investigate the complaint in absolute confidence and with due sensitivity. The Complaints Committee shall, within twenty-four (24) hours of the commencement of the inquiry, meet the Complainant for a one-to-one discussion. In the interest of natural justice, the Accused shall be made aware of the nature of the complaint and will be given an opportunity to respond in person and in writing. A copy of the findings of the inquiry shall be made available to both the parties enabling them to make representation against the findings before the Complaints Committee.
• If the Complaints Committee is satisfied that there is no prima facie case of Harassment as complained about, then after recording reasons therefor, the Complaints Committee shall recommend to the Employer that no action is required to be taken in the matter and the complaint be dismissed.
• If however the Complaints Committee is satisfied of the existence of a prima facie case of Harassment, the Complaints Committee shall proceed to thoroughly inquire into and investigate the complaint. In the interest of natural justice, the Complaints Committee shall, during inquiry, give both the parties an opportunity to present their side of the case. A copy of the findings of the inquiry shall be made available to both the parties enabling them to make representation against the findings before the Complaints Committee.
• The Complaints Committee shall forward a report of its findings together with recommended actions (after recording reasons therefore), to Head HR/Employer for necessary action, within a period of ten (10) days from the date of completion of the inquiry and such report shall be made available to the concerned parties.
• Where the Complaints Committee arrives at a conclusion that the allegation against the Accused has not been proved, the Complaints Committee shall recommend to the Employer that no action is required to be taken in the matter.
• Where the Complaints Committee arrives at a conclusion that the allegation against the Accused has been proved, the Complaints Committee shall recommend: (i) To take action for such [Harassment] as a misconduct in accordance with the provisions of the service rules applicable to the Accused. (ii) in case the Harassment in question is an instance of Sexual Harassment, to deduct, notwithstanding anything in the service rules applicable to the Accused, from the salary or wages of the Accused, such sum as it may consider appropriate to be paid to the Complainant or to her legal heirs, as the Complaints Committee may determine. Provided that in case Tangoe India is unable to make such deduction from the salary of the Accused due to his being absent from duty or cessation of employment, it may direct the Accused to pay such sum to the Complainant. Provided further that in case the Accused fails to pay the said sum, the Complaints Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned authority.
• For the purposes of determining the amount to be paid to the Complainant as contemplated above, the Complaints Committee shall have regard to: (a) The mental trauma, pain, suffering and emotional distress caused to the Complainant. (b) The loss in the career opportunity due to the incident of Harassment. (c) Medical expenses incurred by the Complainant for physical or psychiatric treatment. (d) The income and financial status of the Accused. (e) Feasibility of such payment in lump sum or in installments.
• During the pendency of an inquiry by the Complaints Committee, on a written request made by the Complainant, the Complaints Committee may recommend to the Employer to (a) transfer the Complainant or the Accused to any other Workplace; or (b) grant leave to the Complainant up to a period of [three (3) months]; or (c) in case the complaint relates to incident/s of Sexual Harassment, grant such other relief as may be prescribed under the Act, or (d) in case the complaint relates to incident/s of any other form of Harassment, grant such other relief as may be considered appropriate by the Complaints Committee, and any such recommendation shall be implemented by the Employer and the report of such implementation shall be sent to the Complaints Committee.
• The contents of the complaint, the identity and addresses of the Complainant, the Accused and the witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Complaints Committee, and the action taken by the Employer shall not be published, communicated or made known to the public, press and media in any manner.

  D) Communication and Implementation of Findings

• The Head HR/Employer shall take appropriate actions within forty-eight (48) hours of receiving the report and communicate it to the Internal Complaints Committee.
• The Head HR/Employer shall direct the respective HR manager to implement the recommended action in association with the Business Head.
• The Head HR/Employer shall submit a closure report to the Internal Complaints Committee within twenty-four (24) hours of deployment of action.
• In case of complaints against a member of the Complaints Committee and an inquiry/ disciplinary proceeding is pending against him/ her, the requirements specified in Section ‘A’ would apply for the conduct of an enquiry.

  E) Examples relating to Harassment Behaviors comprising any of the following elements and not limiting to, what would amount to Harassment, are:

• Any taunting snide remarks of employee religion, caste and creed
• Any taunting remarks on an employee’s personal appearance
• Using abusive and obtrusive language at work that tantamount to unhealthy work environment.
• Employees of the same community/caste/religion/creed joining together as a group and not helping or sharing information with the other employee, which is beneficial to the project and work, with the intention of the harassed employee failing in her/his duty
• Superior or Manager encouraging the growth of people who are from the same community/caste/religion/creed
• Superior giving favorable decision on work, career advancement, to employees who are related to him/her
• Material that is sexual in nature, sexist, sexually explicit and so on and is displayed in the Workplace, circulated, put in someone’s workplace or belongings, put on a computer, fax machine, on the internet, any other public display system or public in the work premises
• Coerced sexual intercourse. (e.g.: as a condition of employment, or in return for any favorable employment terms in the Workplace such as high-performance ratings/projects/assignments/promotions etc.)
• Bullying
• Verbal abuse or comments as followings that put down people because of their sex:
  • Comments about people’s (women/men) physical appearance
  • Tales of sexual exploits
  • Graphic description of pornography
  • Sexually explicit gestures
  • Unwelcome touching and hugging
  • Sexist and insulting graffiti
  • Sexist cartoon and jokes
  • Obscene phone calls
  • Displaying pornography in the workplace
  • Insisting that the workers wear revealing clothing
  • Lewd and threatening letters
  • “Accidentally” brushing sexual parts of the body
  • Pressing or rubbing up against the victim
  • Sexual sneak attacks
  • Indecent exposure
  • Subtle or overt pressure for sexual favors
  • Sexual or physical contact such as slapping, kissing or touching
  • Intrusive questions about sexual activity
  • Character Assassination
  • Sexual Assault
  • Repeated sexual invitations when person invited has refused/ignored similar invitations
   
• 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:
  1. Implied or explicit promise of preferential treatment in his/her employment; or
  2. Implied or explicit threat of detrimental treatment in his/her employment; or
  3. Implied or explicit threat about his/her present or future employment status; or (iv)Interference with his/her work or creating an intimidating or offensive or hostile work environment for her; or
  4. Humiliating treatment likely to affect his/her health and safety

 

Complaints Committee

Name of Committee Members	Committee Member Role
Jayashree Raman	Presiding Officer & Chairperson
Balaji Goalla	Member
Julie Rajendran	Member
Divya Bharthi. V	Member
Gopakumar Perumbilavil	Member
Abilash D	Member
Venkatesh Srinivasulu Vadde	Member
Rohini Arvind Kulkarni	Member
Divya Ragothaman	Member
Bindushree R	Member
Vishnu Vardhan	Member
Rajesh Essa Subramanyam	Member
Srividya Sriram (SASHA)	External Member & Convener – SASH

  About SASHA – SASHA is a Non-Governmental Organization, registered under the Indian Trust Act, with the objective of providing Support against Sexual Harassment to organizations in India. SASHA supports such organizations by assisting in implementing provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and Rules, 2013. About Ms. Srividya Sriram – Legal Consultant and Researcher equipped with solid research and interpersonal skills. Experienced and proficient in Providing Support Services against Sexual Harassment for various organizations. Convener and Correspondent, SASHA [Support against Sexual Harassment]. SASHA is an NGO constituted for providing Support Services against Sexual Harassment at the Workplace. (www.sashaindia.com). If you face any kind of harassment at work (section ‘E’), please write to [email protected] Process/Policy The Act and the rules framed thereunder. Administrative Information

• HR Head shall be the final authority to handle all exceptions or conflicts in this policy. This policy shall be reviewed on need basis and at fixed interval of once a year.
• In case of any misuse of this policy, the following actions shall be initiated by the Complaints Committee:
• Where the Complaints Committee arrives at a conclusion that the allegation against the Accused is malicious or the Complainant has made the complaint knowing it to be false or the Complainant has produced any forged or misleading document, it may recommend to the Employer to take action against the Complainant, in accordance with the provisions of the service rules applicable to such person. Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the Complainant. Provided further that the malicious intent on part of the Complainant shall be established after an inquiry in accordance with the procedure prescribed under the Act, before any action is recommended.
• Where the Complaints Committee arrives at a conclusion that during the inquiry, any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness to take action in accordance with the provisions of the service rules applicable to the said witness.
• An employee who threatens or intimidates another employee who has made a complaint under this policy, or any witness thereof shall be liable for disciplinary action as per the applicable procedures for reporting violations
• Any violation of this policy by an employee would be subject to action as deemed appropriate by the Complaints Committee.
• Any employee found guilty of Harassment in an inquiry by the Complaints Committee would be subject to actions recommended by the Complaints Committee, as provided in Section ‘C‘ of this policy

  Definition of Terms

Serial Number	Term/Abbreviation	Definition/Expansion
1	Approved Communication Channels	Approved modes of communication such as official email or personal appearance
2	Complaints Committee	The committee constituted as per Section 4 (1) of the Act.
3	Employer	The person responsible for the management supervision and control of the Workplace of Tangoe India.
4	Harassment	Persistent unwanted, unacceptable behavior that a person finds intimidating, embarrassing, humiliating or offensive, and can take many forms and not limited to gender, age, race, religion, marital status, sexual orientation, disability and includes “Sexual Harassment”
5	Workplace	Shall mean and include all offices of Tangoe India, customer sites and/or any location where employees are present together for business reasons and/or any place visited by the employee out of or during employment including transportation provided by the Tangoe India for undertaking such journey.
6	Sexual Harassment	The same shall inter alia include demands or requests for sexual favors, making sexually colored remarks, showing pornography, unwelcome advances or propositions, suggestive jokes, remarks, innuendo, deliberate and unwanted physical contact, ranging from touching to serious assault, indecent exposure,staringorleering, offensive gestures and display or circulation of inappropriate materials, that causes mental agony to the victim or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
7	Bullying	A behavior that could reasonably be regarded as aggressive, intimidating, malicious or humiliating to the recipient and is unwelcome to the recipient. This could be verbal, psychological or physical and may be conducted by an individual or group against another person.
8	Third Parties	Includes clients, customers or consultants where they are working at the premises of Tangoe India
9	Other capitalized terms defined elsewhere in this policy and not defined in this Section 7 shall have the meanings assigned to such terms in this policy.