Published 29, March 2023
1. PURPOSE
Apex Instruments Company Private Limited (Apex) is committed to promoting a diverse and inclusive workplace that values all employees, regardless of their physical or mental abilities. This policy aims to ensure that individuals with disabilities are provided with equal employment opportunities and are not discriminated against on the basis of their disability. At Apex, we strive to create a work environment that fosters respect, dignity, and equal opportunity for all.
2. SCOPE
This policy has been developed in accordance with the provisions of “The Rights of Persons with Disabilities Act, 2016” and its accompanying regulations. Its purpose is to protect the rights of individuals with disabilities and to promote their equal treatment in the workplace.
Apex encourages candidates with disabilities to apply for open positions, and all employment decisions are made based on merit, skills, and qualifications. This policy applies to all job applicants and employees of Apex, regardless of their position or location within India.
3. APPLICABILITY
This policy applies to all stages of the employment process, including recruitment, selection, training, promotion, and other related benefits. Apex ensures that candidates with disabilities have an equal opportunity to participate in the hiring process and provides reasonable accommodations to assist them in performing their job duties. Apex also provides additional facilities and support to employees with disabilities as required by law. This policy applies to all branches of Apex throughout India and demonstrates our commitment to creating an inclusive workplace where all employees can thrive.
4. DEFINITION
4.1. Communication- It includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology.
4.2. Discrimination- In relation to disability as defined under the “The Rights of Persons with Disabilities Act, 2016”, discrimination means any distinction, exclusion, restriction on the basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation;
4.3. Person with benchmark disability- It means an employee with not less than forty percent of a specified disability where specified disability has not been defined in measurable terms and includes an employee with disability where specified disability has been defined in measurable terms, as certified by the certifying authority;
4.4. Person with disability- It means an employee with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others;
4.5. Reasonable accommodation- It means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to employees with disabilities the enjoyment or exercise of rights equally with others;
4.6. Specified disability- It means the disabilities as specified in the Schedule provided under “The Rights of Persons with Disabilities Act, 2016”.
4.7. The disability category as mentioned in the Schedule are-
• Locomotor disability
• Muscular Dystrophy
• Leprosy cured
• Dwarfism
• Cerebral Palsy
• Acid attack Victim
• Low vision
• Blindness
• Deaf
• Hard of Hearing
• Speech and Language disability
• Intellectual Disability
• Specific Learning Disability
• Autism Spectrum Disorder
• Mental illness
• Chronic Neurological Conditions
• Multiple sclerosis
• Parkinson’s disease
• Haemophilia
• Thalassemia
• Sickle Cell disease
• Multiple Disabilities
• Any other category, as may be notified by the Central Government
5. FACILITIES AND AMENITIES
Apex is committed to providing accessible infrastructure and facilities that comply with all legal standards. To support our employees with disabilities, we ensure-
5.1. All documents, communication, and information technology systems are designed to be accessible to individuals with disabilities.
5.2. If an employee with a disability experiences difficulty accessing or using any technology provided by Apex, they may contact the local IT support team or submit a written query to HRD for assistance.
5.3. Reasonable accommodations will be provided to employees with disabilities as necessary to ensure they have equal opportunities during the selection process, are able to perform the essential functions of their job, and can enjoy the same benefits and privileges as their colleagues.
6. MANNER OF SELECTION
6.1. Apex will advertise any job vacancies internally and externally in accordance with our policies and procedures, clearly stating the required skills and criteria for applying.
6.2. Our selection process will be reviewed regularly to ensure it is non-discriminatory and based solely on the skills required for the job.
6.3. After successful completion of the application process, candidates will be invited for an interview. The interview panel will record their decision in writing, providing a reason for accepting or rejecting the candidate. This decision will then be reviewed by Apex. If it is found that the decision was not based solely on the candidate's skills, and their disability was unfairly taken into account, appropriate action will be taken against the panel. The candidate will also be given an opportunity to demonstrate their skills before a fair panel.
7. OTHER FACILITIES
7.1. Apex will provide course materials in accessible formats upon request for training and/or induction. Employees with disabilities who require reasonable assistance and/or accommodation should submit a written request to HRD at least one week prior to the scheduled training and/or induction date.
7.2. Every effort will be made to provide a conducive work environment for persons with disabilities to perform their roles and excel in their jobs. Reasonable accommodations will be provided to enable them to perform to the best of their abilities.
7.3. Employees with disabilities can request an extra paid leave related to their disability as a reasonable accommodation. Such leave will be subject to medical consultation or for medical emergencies, and the employee must submit necessary medical documents with their request. However, an employee cannot request more than 10 extra leaves per calendar year.
7.4. If an employee with a disability requires medical treatment, they can apply for unpaid leave for a period of 30 days to 3 months, subject to the discretion of Apex. The employee must submit medical documents to support their request.
7.5. Employees with disabilities shall be provided accessible modes of transport, accessible accommodation, and personal attendants at the cost and expense of Apex for official travel. This shall be subject to Apex's guidelines.
7.6. If an employee with a disability has a special requirement for travel, they should submit a reasonable request in writing to HRD at least 10 days before the travel date.
7.7. If an employee acquires a disability during their employment, they will continue in their current position and be provided with sufficient infrastructure to help them fulfill their responsibilities. If the employee is unable to perform their duties due to their disability, they will be trained and equipped for another position, and their pay scale will not be reduced in the process.
8. GRIEVANCE REDRESSAL
8.1. Apex shall designate a Grievance Redressal Officer (GRO) to handle complaints related to harassment, discrimination, and other issues under this Policy.
8.2. Any employee with a disability has the right to file a written complaint with the GRO at HR Office if they experience any discrimination or harassment related to their disability, whether mental or physical. The complaint must be made within 30 days of the incident or, in the case of a series of events, within 30 days of the last incident.
8.3. Apex shall ensure that the complaint is handled confidentially and that the complainant's details are made available only on a "need-to-know" basis.
8.4. The complaint shall be dealt with strictly by the GRO setup by Apex and the matter shall be thoroughly inquired upon.
8.5. The GRO shall issue a report of their findings within 15 days of receiving the complaint and share it with Apex.
8.5.1. If the accusations against the accused are found to be true, the GRO may recommend that Apex take disciplinary action against the employee, as listed below.
8.5.2. If the accusation against the accused is found to be false, the GRO shall notify Apex and may recommend that no action be taken.
8.5.3. If during the investigation, it is found that the allegations are false and malicious, the GRO may recommend that Apex take disciplinary action against the employee, as listed below.
8.5.4. The disciplinary action shall be commensurate with the nature and gravity of the offense and may include, but not be limited to-
8.5.4.1. Warning- Apex may issue up to three warnings as part of the disciplinary action; and/or
8.5.4.2. Written apology from offender- Apex may direct the offender to apologize in writing to the concerned person or to Apex; and/or
8.5.4.3. Costs- Apex may direct the offender to pay costs to Apex and/or the complainant
8.5.4.4. Bond of good behavior- Apex may require the offender to display good conduct in the workplace for a certain period of time; and/or
8.5.4.5. Transfer- Apex may transfer the offender to a different department, branch, or state; and/or
8.5.4.6. Debarring from supervisory duties- Apex may prohibit the offender from any and all supervisory duties for a certain period; and/or
8.5.4.7. Denial of employee benefits like increments/promotion/salary correction etc.- Apex may deny the offender employee benefits such as bonuses, increments, promotions, etc; and/or
8.5.4.8. Cancellation of specific work Assignment- Apex may suspend or withdraw an assignment assigned to the offender; and/or
8.5.4.9. Suspension- Apex may suspend the employee for a certain period; and/or
8.5.4.10. Dismissal- Apex may dismiss the offender in cases of grave or continuous offense, and the offender shall not be recruited by any branch office of Apex at any position.
9. MAINTAINING RECORDS
In compliance with The Rights of Persons with Disabilities Act, 2016, Apex shall maintain accurate records of its employees with disabilities. These records shall include necessary information and details about the facilities provided to them by Apex.
10. NON- WAIVER OF STATUTORY RIGHTS
This policy does not limit Apex's right to seek legal remedy under applicable law for any breach committed. Non-compliance with this policy may result in criminal or civil penalties, the severity of which will depend on the offense. Violation of this policy may also lead to disciplinary action, up to and including termination of employment.
11. DISPLAY OF THIS POLICY
11.1. Apex shall display this Policy on the Apex website as well as display the same conspicuously on the notice boards of each of its offices in English.
11.2. Each employee shall view and confirm to these policies upon joining and/or upon the same being enforced by Apex.