SFL PoSH Policy

1. Introduction

We, Jambavan Academy Private Limited (Sports For Life) and its affiliates, (hereinafter referred to as “Company” or “We”), respect the dignity of every individual at our workplace and are committed to provide a safe, holistic and healthy work environment.

Our goal is to create a place with high ethical and moral standards. Therefore, we strive to create a Workplace environment free from any discrimination and harassment where our Employees and associates can work without any fear of prejudice, gender bias and Sexual Harassment.

We treat our people with respect and dignity and expect everyone who has been engaged, either directly or indirectly, with our Company to carry a sense of personal responsibility and follow high ethical and moral standards. We clearly state that our Company does not tolerate any form of harassment or discrimination. Any act of Sexual Harassment shall be treated with utmost priority and stringent actions shall be taken.

Sexual Harassment at Workplace results in the violation of fundamental rights of an individual granted under Article 14 (Right to Equality), Article 19 (Practice or Carry on any Profession, Trade or Business) and Article 21 (To Live Life with Dignity) by the Constitution of India.

This Prevention of Sexual Harassment Policy (“Policy”) has been framed in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the “PoSH Act”), and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (hereinafter referred to as the “Rules”). However, please note that, Jambavan Academy Private Limited’s Policy on prevention of sexual harassment at workplace, is gender neutral.

The Policy shall be read in conjunction with the Act and Rules and in case of any inconsistency/discrepancy(ies) between this Policy and the Act/Rules, then the Act/Rules (as amended and modified from time to time), as the case may be, shall prevail.

2. Objective

The objective of this Policy is to prevent Sexual Harassment in any manner or form, which includes prohibition, prevention and redressal with regard to any act of Sexual Harassment. It lays down a mechanism to assist employees who believe they have been subjected to such behaviour with appropriate support and remedial action.

3. Scope

The protection under this policy extends to all employees, irrespective of gender, caste and religion of the Employee. Employees, for the purpose of this policy includes, whether they are engaged on fixed-term contracts or short-term engagements, either directly or through an agent, whether for remuneration or not, including but not limited to retainers, trainees, contract workers, volunteers, interns, probationers, apprentices or by whatever name called, along with full-time and permanent employees of the Company.

This policy is also applicable to any third-party (such as customers, clients, vendors, suppliers, service providers, contractors, visitors, guests) who are present in all of Company’s premises including any other site (away from the premises) where any Company-related activity(ies) is being/has been performed.

4. Definitions

“Aggrieved/Complainant” means in relation to a Workplace (as hereinafter defined), an individual, of any age whether employed or not, who alleges to have been subjected to any act of Sexual Harassment by the Respondent (as hereinafter defined).

“Employee” means a person employed at a Workplace 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.

“Employer” means (i) Board of Directors of the Company, and (ii) any person/s responsible for the management, supervision and control of the Workplace. For the purposes of this sub-clause, “management” includes the person or board or committee responsible for formulation and administration of policies for such organisation and shall also include the person discharging contractual obligations with respect to his or her employees.

“Incident Reporting Form” means the form for filing complaint of Sexual Harassment by the Complainant. The format of incident reporting form is annexed as Annexure A to this Policy.

“Inquiry Process” means the process to be followed by the Internal Complaints Committee for disposal of complaints, as set out in the Inquiry/Redressal Mechanism section of this Policy.

“Internal Complaints Committee” means an internal complaints committee constituted under Clause 7 of this Policy in accordance with the provisions of the Act.

“Respondent” means any person against whom the Aggrieved/Complainant has made a complaint of Sexual Harassment;

“Sexual harassment” includes any one or more of the following unwelcome acts or unwelcome sexually determined behaviour (direct or implied) namely:

• Unwelcome physical contact and advances such as touching, stalking; or
• Demands or requests for sexual favours; or
• Sexually coloured remarks or remarks of a sexual nature about a person's clothing or body including but not limited to vulgar/indecent jokes, letters, phone calls, text messages, e-mails, gestures etc.; or
• Showing pornography, making or posting or showing vulgar / indecent / sexual pranks, teasing, jokes, demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS, gestures etc.; or
• Teasing, Voyeurism, innuendos and taunts with implicit sexual connotation, physical confinement and /or touching against one’s will;
• Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes;
• Giving gifts or leaving objects that are sexually suggestive;
• Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy; persistent watching, following, contacting of a person;
• Display of pictures, signs etc. with sexual nature/ connotation/ overtones in the work area and work-related areas; and
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The following circumstances, among other, if it occurs or is present in relation to or connected with any act or behaviour of Sexual Harassment, may amount to Sexual Harassment at the Workplace:

• Implied or explicit promise of preferential treatment in the Complainant’s employment; or
• Implied or explicit threat of detrimental treatment in the Complainant’s employment; or
• Implied or explicit threat about the Complainant’s present or future employment status; or
• Interference with the Complainant’s work or creating an intimidating or offensive or hostile work environment for the Complainant;
• Humiliating treatment likely to affect the Complainant’s health or safety.

Further examples of behaviours/actions/conduct that amounts to sexual harassment are stipulated in Annexure B attached with this Policy.

“Special Educator” means a person trained in communication with people with special needs in a way that addresses their individual differences and needs;

“Workplace” means and includes the offices of the Company as well as the premises of other third parties, vendors and associates of the Company where the Employees of the Company are required to perform work or that are visited by the Employees arising out of or during the course of employment and includes transportation provided by the Company for undertaking any journey, in connection with the business of the Company.

5. General

The Company treats Sexual Harassment as a form of misconduct. This Policy shall be considered to be a part of the employment contract or terms of engagement of the persons in the above categories.

Where the alleged incident occurs to the Company Employee by a third party while on a duty outside the Workplace, the Internal Complaints Committee shall have the discretion and right to perform all reasonable and necessary actions to support the Aggrieved Individual.

Any non-platonic consensual relationships between two team members/Employees need to be declared to the Human Resources team of the Company to ensure parity and to safeguard both parties.

Provided that the Company shall keep any such disclosure confidential and the Company shall be bound by Confidentiality obligation as specified in Clause 17 of this Policy.

6. Prevention of Sexual Harassment

The Company maintains uncompromising and strict approach in regard to Sexual Harassment. Any act of Sexual Harassment shall be treated in the terms of this Policy.

All the Employees and Employers of the Company are expected to –

Treat the fellow colleagues with respect and dignity, and

Refrain from any action that may offend, humiliate, disparage, injure or harass, whether mentally or physically, to any colleague, and

Follow and be conversant with this Policy. Ignorance of the Policy will not be afforded as an excuse, and

Report Sexual Harassment experienced and/or witnessed to Internal Complaints Committee/ appropriate authorities and abide by the complaint handling procedure of the Company.

It is to be noted that the Sexual Harassment at Workplace is a behaviour that is unwelcome and is sexual in nature. It is a subjective experience and often occurs in the matrix of power. It is the impact on the Complainant that matters and not the intention of the Respondent.

7. Internal Complaints Committee

The Company has constituted Internal Complaints Committee (“ICC”) headed by a woman employed at a senior level in the Company from amongst the employees (“Presiding Officer”) to receive and to appropriately handle the complaints pertaining to instances of Sexual Harassment.

Please find the details of constitution of the ICC in Annexure C.

The functions and/or responsibilities of ICC will be:

Receiving complaints of Sexual Harassment at the Workplace.

Initiating and conducting inquiry as per the established procedure in the Act and in terms of this Policy.

Submitting findings and recommendations of inquiries.

Coordinating with the Employer in implementing appropriate action.

Maintaining strict confidentiality throughout the process as per established procedure.

Submitting an annual report in format prescribed under the Act.

8. Complaints Mechanism

Any Aggrieved may make, in writing, via email at posh@sportsforlife.in or at the official Email IDs of ICC Members mentioned in Annexure C, a complaint of Sexual Harassment at Workplace to the ICC within a period of 3 (three) months from the date of the incident and in case of a series of incidents, within a period of 3 (three) months from the date of last incident.

Provided that where the Complainant is unable to file a complaint in writing, the Presiding Officer or any Member of ICC shall render all reasonable assistance to the complainant for making the complaint in writing.

Provided further that ICC for the reasons to be recorded in writing, has the power to extend the period of 3 (three) months for filing of Complaint, if it is satisfied that the circumstances were such which prevented the Complainant from filing a Complaint within the said period.

Where the Aggrieved/Complainant is unable to make a complaint on account of physical or mental incapacity or death or otherwise, their legal heirs or followings persons may make a complaint, with written consent from the Aggrieved/Complainant:

Relative or friend;

Co-worker;

An officer of National Commission for Women or State Women’s Commission;

A Special Educator;

A qualified psychiatrist or psychologist;

The guardian or authority under whose care the Aggrieved/Complainant is receiving treatment;

Any person who has knowledge of the incident, with written consent of the Aggrieved/Complainant or with the written consent of a legal heir (only in case of death of Aggrieved/Complainant).

Aggrieved/Complainant shall file the Complaint in Incident Reporting Form, provided in Annexure A attached with this Policy, which shall be addressed to ICC.

After the receipt of Complaint in Incident Report Form, ICC shall within 7 (seven) working days of the receipt of Complaint, provide an acknowledgement to the Complainant and also serve a notice, annexed along with the copy of complaint, to the Respondent, at their official Email ID(s) registered with the Company.

9. Conciliation

The ICC, before initiating an inquiry, and at the Complainant’s request, shall take steps to settle the matter between the Complainant and Respondent through conciliation.

Provided that monetary settlements are not permitted under conciliation.

Such settlement could include an apology from the Respondent, Respondent agreeing to gender sensitization and related training or any other settlement agreement arrived at.

Where a settlement has been arrived at, the settlement terms shall be signed by both the parties. Both, Complainant and Respondent shall be provided a copy of the conciliation settlement thereof. The settlement will be forwarded to the Employer. If a settlement is reached through conciliation, the ICC shall not conduct any further inquiry.

10. Inquiry/Redressal Mechanism

In case no conciliation is requested by the Aggrieved/Complainant or conciliation does not result in a settlement, or any term/condition of the settlement has not been complied with, by the Respondent, the ICC shall move forward with the process of inquiry.

The process of inquiry will proceed in the following manner:

Communication: The ICC will provide a copy of the Complaint (along with supporting documents) to the Respondent within 7 (seven) working days.

Reply: Respondent will be asked to file a reply within 10 (ten) working days of receipt of the Complaint along with a list of documents, names and addresses of witnesses.

Investigation: ICC shall investigate in detail into the matter of the Complaint. The ICC shall have the right to call the Respondent or any other witnesses as and when necessary.

Quorum: A minimum of 3 (three) ICC Members, including the Presiding Officer and the External Member, must be present during the inquiry.

Authority of ICC: The ICC shall have the authority to issue summons, impose attendance, conduct an examination, seek the production of documents, and/or request the discovery of any other information that may be required for the investigation process. ICC, in India, shall be deemed to be an inquiry authority and will have the same powers as vested in a Civil Court under the Code of Civil Procedure, 1908 as stated under the Act. ICC shall make inquiry into the Complaint in accordance with the principles of natural justice.

Ex-Parte Order: The ICC will have the right to terminate the inquiry or take an ex-parte decision, if the Respondent or the Complainant remains absent for 3 (three) consecutive hearings/meetings of the ICC, without sufficient cause. However, such an ex-parte decision shall not be made without providing a prior written notice of 15 (fifteen) days to the Complainant or Respondent, as the case may be.

Prohibition on Retaliation: During the inquiry process, the Complainant and the Respondent shall refrain from any form of threat, intimidation or influencing of witnesses.

Legal bar on presence of legal practitioners during IC inquiry: The parties shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the ICC as mandated by law.

Time Limit for submission of report by ICC: Following the conclusion of an investigation conducted in accordance with this Policy, the ICC shall submit a report of its findings to the Employer within 10 days of conclusion of the investigation. This report shall also be made accessible to the Complainant and Respondent.

Conviction/Acquittal: When the ICC determines that the claim against the Respondent has not been proven, it shall advise the Employer that no further action is necessary. If the ICC determines that the claim against the Respondent is true, it must suggest to the Employer taking the actions outlined in this Policy including dismissal from employment with immediate effect.

Complaint should be resolved in realistic and reasonable time frames: Keeping in mind the criticality of the responsibility that has been bestowed upon ICC, it is necessary for them to operate within realistic and reasonable time frames for resolution of Complaints, depending upon the magnitude of seriousness. In any case, ICC should initiate action expeditiously on receipt of Complaint and endeavour to complete the inquiry process within a period of maximum 90 days from the date of receipt of Complaint.

Principles of Natural Justice: The ICC will conduct the inquiry in accordance with the principles of natural justice and will give both parties, the Complainant as well as the Respondent, an opportunity to be heard fairly before the ICC.

11. Action During Pendency of Investigation/Inquiry

During the pendency of an inquiry on a written request made by the Aggrieved, the ICC may recommend to the Employer to:

Transfer the Aggrieved or the Respondent to any other Workplace; or

Grant leave to the Aggrieved up to a period of three months;

Grant such other relief to the Aggrieved as may be prescribed at the discretion of the ICC.

Change reporting relationship between the Aggrieved and the Respondent, if any.

The leave granted to the Aggrieved under this section shall be in addition to the leave he/she would be otherwise entitled.

On the recommendation of the ICC under Clause 11(a), the Employer shall implement the recommendations and send the report of such implementation to the ICC.

12. Determination of Compensation

For the purpose of determining the sums to be paid to the Aggrieved, if required, the ICC shall keep in mind following factors while determining compensation to be paid: –

The mental trauma, pain, suffering and emotional distress caused to the Aggrieved;

The loss in the career opportunity due to the incident of Sexual Harassment;

Medical expenses incurred by the Aggrieved for physical or psychiatric treatment;

The income and financial status of the Respondent;

Feasibility of such payment in lump sum or in instalments.

13. Disciplinary Actions

Any person found to be guilty of Sexual Harassment by ICC, as supported by evidence and facts, such a person will face any of the following disciplinary actions, up to and including termination of services with or without pay depending on the magnitude of the matter.

Issuing a letter of warning that will be placed in the personal file of the Respondent at the discretion of the ICC, for an offence that is deemed minor by the ICC;

Transfer or suspension without pay;

Dismissal of the Respondent, in case the offence is severe;

Withholding of promotion;

Withholding of increments;

Asking the Respondent to tender a written apology;

Asking the Respondent to undergo counselling sessions or carry out community service.

14. Appeal

Any person aggrieved from the ICC recommendations may prefer an appeal to Court/Tribunal within 90 days.

15. Power to take action in case of false or malicious complaints

In case a false or malicious Complaint is filed, and the investigation proves that the motive of the Complainant was malicious, disciplinary action shall be initiated against the Complainant, which may include dismissal from service.

Provided that the malicious intent on the part of the Complainant shall be established after an inquiry in accordance with the procedure prescribed before any action is recommended.

Clause 15(a) is not intended to discourage an Aggrieved from coming forward with any Complaints. The Company recognises that some claims may be difficult to prove or support. These types of Complaints shall not be considered as false accusations.

16. Protection against Retaliation

Regardless of the outcome of a Complaint made in good faith, the Complainant lodging the Complaint and any person providing information or any witness, will be protected from any form of retaliation. The ICC shall ensure that the Complainant or the witnesses are not victimised by the Respondent.

Provided that any coercion, retaliation or any other type of unethical behaviour on part of the Respondent while the investigation is underway should be reported by the Complainant to the ICC as soon as possible so that the ICC may take appropriate disciplinary action.

17. Confidentiality

Inquiry proceedings of Sexual Harassment are confidential and there is a strict confidentiality obligation on part of the person entrusted with the duty to handle or deal with the complaint or inquiry.

The contents of the Complaint reported under the Policy, identity and addresses of the Complainant, Respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the ICC and the action taken by the Company/Employer shall not be published, communicated or made known to the public, press and media in any manner.

Provided that information may be disseminated regarding the justice secured to anyone who faced Sexual Harassment without disclosing the name, address, identity or any other particulars that may lead to the identification of the Complainant, Respondent and witnesses.

The Company treats confidentiality with respect to Sexual Harassment complaints very strictly. Breach of confidentiality procedures enumerated in Clause 17 (a) & (b) by any person entrusted with the duty to handle or deal with the complaint or inquiry would result in financial penalty as per Rule 12 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 and such other punitive actions as may be decided by the Employer.

All individuals who are a part of the Internal Complaints Committee proceedings would be required to sign a Non-Disclosure Agreement.

18. Awareness

Employer shall at regular intervals conduct awareness programmes for employees and/or ICC members, which includes but not limited to:

Organising workshops and awareness programmes at regular intervals for sensitising the employees with the clauses & provisions of this Policy & Act;

Carry out seminars, capacity building, skill building programmes and orientation programmes for the members of the ICC in the manner as may be prescribed;

Declare on the notice board of the Company about the names and contact details of the ICC members;

Conducting classroom sessions, e-Learning sessions or publishing crisp and engaging video and posters (physical or digital) on the Policy at the Company’s website, and premises;

Displaying the penal consequences at a conspicuous place in the Workplace in case of Sexual Harassment for all the persons employed in the Company;

All the Employees, agents, customers, vendors, partners and visitors shall have access to this Policy at any given point of time and any questions or clarification related to this Policy shall be addressed to hr@sportsforlife.in

19. Amendments

The Company reserves the right to amend the Policy from time to time.