1.     PURPOSE

Apex Instruments Company Private Limited (Apex) has a strict zero-tolerance policy towards sexual harassment and is fully committed to providing a safe, secure, and welcoming work environment for all its employees, regardless of their caste, creed, gender, or any other distinguishing factor. At Apex, we strive to ensure that every employee can work freely without any fear of prejudice, bias, or sexual harassment.

2.    SCOPE

This policy has been formulated in compliance with "The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013" and its corresponding regulations. Our primary goal is to foster a safe, secure, and conducive work environment that is free from any form of sexual harassment or discrimination for all Apex employees, particularly women. This policy seeks to uphold the dignity and respect of all employees while also providing a grievance redressal mechanism for sexual harassment and related issues. Our policy's primary objective is to ensure that our employees can work without any fear of harassment or discrimination.

3.   APPLICABILITY

All employees and individuals working with and/or associated to Apex and working at all branches and/or location.

4.  DEFINITION

Complying with the meaning and provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, the following terms have been defined and explained as follows under this policy:

4.1. Employee- It means a person employed at Apex for any work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.

4.2. Sexual Harassment

4.2.1. It includes any one or more of the following unwelcome acts and/or behavior, directly, indirectly and/or by way of implication-

4.2.1.1. Physical contact and advances; or

4.2.1.2. Demand or request for sexual favors;

4.2.1.3. Sexually colored remarks or remarks of a sexual nature about a person's clothing or body;

4.2.1.4. Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc.;

4.2.1.5. Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes;

4.2.1.6. Giving gifts or leaving objects that are sexually suggestive;

4.2.1.7. Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy;

4.2.1.8. Persistent watching, following, contacting of a person; and

4.2.1.9. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

4.2.2. The following circumstances if it occurs or is present in relation to any sexually determined act or behavior amount to sexual harassment :

4.2.2.1. Implied or explicit promise of preferential treatment in employment;

4.2.2.2. Implied or explicit threat of detrimental treatment in employment;

4.2.2.3. Implied or explicit threat about the present or future employment status;

4.2.2.4. Interference with the person’s work or creating an intimidating or offensive or hostile work environment; or

4.2.2.5. Humiliating treatment likely to affect her health or safety.

4.3. Aggrieved Women: A woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by an employee of Apex.

4.4. Respondent: Employee(s) against whom the complaint has been filed.

4.5. Workplace: In addition to the office, i.e., the place of work, including Head office, branch offices, factories, work-site, it shall also include any place where the employee visits in connection with their work, during the course of and/or arising out of the employment, contract, engagement, agreement and/or assignment with Apex, which includes the mode and/or means of transportation provided for undertaking such employment, contract, engagement, agreement and/or assignment.

5.     ROLES AND RESPONSIBILITIES

5.1. Role and responsibilities of employees and/or co-workers- All employees and/or any person associated with Apex shall have a duty to respect their colleagues’ rights and actively discourage any harassing behavior. This can be achieved by:

5.1.1. Refusing to engage in any such activity; or

5.1.2. Rejecting any unwelcome behavior and supporting the person who is being harassed; or

5.1.3. Serving as a witness if the aggrieved employee files a complaint.

5.2. Role and responsibilities of Manager- Managers hold the responsibility to ensure that all employees are treated equally and that no one is subjected to harassment or sexual harassment. In the event of any reported incident of harassment or sexual harassment, it is their duty to take prompt and appropriate action while ensuring that the aggrieved employee is not subjected to any form of retaliation.

6. GRIEVANCE MECHANISM: PROCEDURE TO REGISTER COMPLAINTS

To comply with the regulations under the POSH Act, Apex has established an Internal Complaints Committee (ICC) as the designated authority to handle all complaints related to sexual harassment and related matters.

6.1. CONSTITUTION of the ICC- Every complaint of sexual harassment will be treated with the utmost confidentiality and urgency by the Internal Complaints Committee, which will consist of the following members:

6.1.1. Presiding Officer: A senior-level woman employee;

6.1.2. At least two members from among the employees who are committed to the cause of women and/or have legal expertise;

6.1.3. An external member who is not affiliated with Apex but has experience dealing with sexual harassment issues;

6.1.4. Apex will ensure that at least half of the ICC members are women at all times;

6.1.5. Apex will periodically inform all employees of the ICC members' names.

6.2. PROCEDURE FOR FILING A COMPLAINT

6.2.1. To file a complaint, the employee must submit a written statement to the designated authority mentioned by Apex or any member of the Internal Complaints Committee within three months of the incident's occurrence or the last incident's occurrence in case of a series of incidents. The written statement should contain evidence, if any, along with the name(s) of the respondent and incident details. If the respondent is the complainant's direct supervisor or someone influencing their career growth, the reporting structure will be changed until the inquiry is completed. If the complainant cannot provide a written complaint, the ICC will offer all reasonable assistance to help them draft a written statement.

If the initial complaint is made to someone other than an ICC member, that person must immediately report the complaint to an ICC member. However, the ICC can extend the time-frame by another three months if they are satisfied with the cause of delay and provide written reasons for such an extension.

6.2.2. If the aggrieved employee is unable to file a complaint due to physical and/or mental incapacity or death, their legal heirs shall have the right to file a complaint with the ICC.

6.3. CONCILIATION

6.3.1. If requested by the aggrieved woman, the ICC may attempt to settle the matter through conciliation before proceeding with an inquiry. However, no settlement shall be made mandatory through such conciliation. If a settlement is reached, the ICC will record it and forward it to Apex for necessary actions. Copies of the same will be provided to the aggrieved woman/employee and the respondent. Further inquiry in the matter shall not take place in light of such a settlement.

If no settlement is reached or if the terms of the settlement are not met by the respondent, an inquiry into the matter will be initiated as described below..

6.4. INQUIRY PROCESS

6.4.1. Upon receiving a complaint as stated hereinabove, the ICC shall, within 7 days of receipt of such complaint, send a copy of such complaint to the Respondent(s). Within 10 days thereafter, the respondent shall file a reply to such complaint along with supporting documents and details of witnesses.

6.4.2. Also, during the pendency of such inquiry, the ICC may recommend to the Apex to:

i. Transfer the aggrieved woman or the respondent to any other workplace; or

ii. Grant leave to the aggrieved woman up to a period of three months; or

iii. Grant such other relief to the aggrieved woman as may be prescribed

6.4.3. The ICC shall ensure that the principles of natural justice are upheld and that both parties are given an equal and fair opportunity to be heard. The Inquiry report, recording the findings in the matter, shall be sent to Apex as well as the concerned parties within 10 days from the date of completion of the inquiry. In case the ICC arrives at the conclusion that the allegations against the respondent have not been proved, then the ICC shall communicate the same to Apex, recommending that no action be taken against the respondent. However, in case such allegations are proven, the ICC shall recommend to Apex:-

i. To take action for sexual harassment as a misconduct in accordance with the rules framed under law;

ii. To deduct from the salary or wages of the respondent such amount as it may consider appropriate, which shall be paid to the aggrieved women/employee and/or their heirs. If such payment is not being deducted by Apex due to absence and/or cessation of work by the respondent, then Apex shall direct the respondent to pay such amount to the aggrieved women/employee and/or their heirs. However, if the respondent fails to do so, the ICC shall forward the order for recovery to the District Officer, who shall take necessary steps in this regard.

6.4.4. Apex undertakes to take necessary steps with regard to the recommendations of the ICC within 60 days of receiving the same.

6.5. However, if the ICC arrives at a conclusion that the complaint against the respondent is false and malicious and/or the documents submitted by the complainant are forged and/or misleading, and/or any witness has given false evidence and/or document, the ICC may recommend that the employer take necessary action against such complainant.

7. MISCELLANEOUS

7.1. The disciplinary action that may commensurate with the nature and gravity of the offense shall include, but not be limited to-

• Warning

• Written apology from offender,

• Bond of good behavior

• Transfer

• Debarring from supervisory duties

• Denial of employee benefits like increments/promotion/salary correction etc.

• Cancellation of specific work Assignment

• Suspension

• Dismissal

7.2. An annual report summarizing complaints and redressal of sexual harassment shall be prepared by the designated person. The said report as well as all documents and matters relating to Sexual Harassment complaints shall be in the custody of the designated person and will be termed as ‘Strictly Confidential’.

8. DISPLAY OF THIS POLICY

8.1. 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.

8.2. Each employee shall view and confirm to these policies upon joining and/or upon the same being enforced by Apex.