The hospital should respect the dignity of all categories of employees including permanent management and workmen, temporary, trainees, part-time and full-time consultants and employees on a contract, apprentice or called by any other such name (“Employees”); provides safety environment; and guarantees equality irrespective of gender, hierarchy, caste, creed or social class of the Employees. Hospital expects responsible conduct and behavior on part of all the Employees at all levels and harassment of any kind including sexual harassment is forbidden.
This policy is meant to protect the safety and dignity of women at workplace (employed or not), and to educate the Employees about what conduct constitutes sexual harassment; to prevent or deter the commission of acts of sexual harassment of women at workplace, and to provide the procedures for the resolution.
Table of Contents
- 1 Scope
- 2 Constitution of the committee
- 3 Quorum
- 4 Frequency of meeting
- 5 Selection of members
- 6 Sexual harassment
- 7 Role of chairperson
- 8 Role of secretary (Member secretary)
- 9 Agenda
- 10 Minutes
- 11 Decision making
- 12 Records to be maintained
The hospital should institute an Internal Complaints Committee (“ICW”) for redressal of sexual harassment complaint made by woman employee and for ensuring time-bound treatment of such complaints.
This policy shall be applicable to all Employees of the Hospital, even where sexual harassment occurs to an Employee as a result of an act by a third party or outsider, while on official duty, Hospital shall take all necessary and reasonable steps to assist the affected person in terms of support and preventive action.
Constitution of the committee
- CEO – Chairperson
- HR Manager – Secretary
- Centre Head
- Nursing Superintendent
- Director of clinical research
- Managing Director MCRI
- Chief Surgeon
- External – NGO
- Quality Manager
The chairman shall have the authority to invite any non-member to attend the meeting if it is deemed fit in relation to any matter being/ or to be deliberated by the committee.
A quorum of more than 50% members of the ICW would be required to conduct the meeting/enquiry, in which majority shall be women.
If within half an hour from the time fixed for the meeting, if the quorum is not present, such meeting shall be adjourned to next suitable date, which shall not be later than seven working days.
If the nominated chairperson is not present during the meeting due to any reasons, the rest of the member should appoint an acting chairperson from one of the female members to conduct the meeting/enquiry.
Frequency of meeting
Members of the committee meet as and when required.
Selection of members
- Chairperson – Selected by the chairman of Apex Committee
- Secretary – Selected by the chairperson, he or she is also a member of the committee
- Members – Selected by the chairperson
Sexual harassment includes such unwelcome sexually determined behavior (whether direct or by implication) such as:
- Physical contact and sexual advances;
- Demand or request for sexual favours;
- Sexually colored remarks;
- Showing pornography; and
- Any other unwelcome physical, verbal or non-verbal or written conduct of a sexual nature.
The above “Unwelcome Sexually determined behavior” includes but not limited to:
- Subjecting another person to an unwelcome act of physical intimacy including grabbing, brushing, touching, sexual flirtations, advances or propositions.
- Making any unwelcome remark with sexual connotations like sexually explicit, remarks, cracking jokes or using sentences with sexual connotations or making sexist remarks etc.
- Showing any sexually explicit visual material in the form of pictures / cartoons / pin-ups / calendars / screen – savers on computers / any offensive written or electronic material / including pornographic.
- Engaging in any other unwelcome conduct of a sexual nature, verbal or even nonverbal, staring to make the other person uncomfortable, making offensive gestures etc.
- Sending unwelcome communication of a sexual nature, through e-mail, letter, mobile technology or any other form of written or electronic communication, exhibiting conduct of a sexual nature.
- Making an unwelcome demand or request whether directly or by implication for sexual favors and/or making it a condition of employment / payment of wages / increments / promotion / preferential treatment / threat to detrimental treatment in employment / threat to current or future employment status or similar act.
- Where a request for sexual favours is made to a subordinate in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits or continued employment or threatens to terminate any such person for non co-operation.
- Where a boss or any other person intrudes into a private life of employees or persistently asks them out.
- Where any employee(s) make(s) sexual epithet, jokes, written or oral references to sexual conduct, and/or gossip regarding one’s sex life, comments on an individual’s body, comments about an individual’s sexual activity, deficiencies or prowess in an attempt to humiliate or make another person uncomfortable.
- Behavior which creates an environment that is intimidating, hostile, offensive, humiliating for women employee.
The policy is made in accordance with the Supreme Court Guidelines on Sexual Harassment at workplace and the recent legislation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. If this policy is contradictory to the Act mentioned herein, to that extent the said Act shall be applicable.
The exercise of this policy will be based on the following principles:
- Natural Justice
- Code of Civil Procedure, 1908
- Promote and facilitate measures taken for prevention of sexual harassment in the company.
- To advise the management for ensuring safety of women employees.
- Sensitize employees regarding sexual harassment.
- Investigating every formal written complaint on sexual harassment.
- Taking appropriate remedial measures to respond to any substantiated allegations of sexual harassment.
- Discouraging and preventing employment-related sexual harassment.
Procedures for resolution, settlement or prosecution of acts of sexual harassment
our Hospital is committed at providing a supportive environment to resolve concerns of sexual harassment. When an incident of sexual harassment occurs, aggrieved woman to give a written complaint, within three (3) months of the occurrence of the incident, (unless ICW is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period) to
If aggrieved woman is not in a condition to give written complaint for any reason what so ever, the complaint to be accepted by recoding the same and later on to convert the recording to written complaint & obtain signature / left thumb impression on the complaint.
After receiving the complaint, the committee shall meet within 24 hours. In case, the complaint arrives on a weekly holiday or public holiday, the committee shall meet on the next working day. If complaint is very serious, the committee shall meet on same day and necessary steps to be taken. After ascertaining the facts ICW shall inform HR Department / Centre Head to provide necessary medical & psychological support to the aggrieved woman and to initiate the legal action against alleged staff.
Before initiating legal action, ICW can recommend for amicable settlement of the complaint, if ICW feels that there is scope for amicable settlement; or on request of the aggrieved woman shall take steps to settle the matter between her and the respondent through conciliation. If the aggrieved woman is not comfortable with addressing the respondent, ICW will thereafter provide advice or extend support as requested and will undertake prompt investigation to resolve the matter.
Any employee with a harassment concern, who is not comfortable with the informal resolution options (settlement) or has exhausted such options, ICW shall proceed to determine whether the allegations (assuming them to be true only for the purpose of this determination) made in the complaint fall under the purview of sexual harassment. In the event, the complaint does not fall under the purview of sexual harassment or the complaint does not mean an offence of sexual harassment, same findings shall be recorded with reasons and communicate the same to the complainant.
If the majority members of the ICW determine that the allegations constitute an act of sexual harassment, the matter shall be investigated. At the first meeting, the ICW members shall hear the complainant and record her allegations. The aggrieved woman can also submit any corroborative material with documentary proof, oral or written material etc., to substantiate her complaint.
- Thereafter, the person against whom complaint is made shall be given a copy of the complaint and shall be called for a deposition before ICW, and an opportunity will be given to submit his written explanation, where after, an “Enquiry” shall be conducted and concluded.
- The complainant shall be provided with a copy of the written explanation submitted by the respondent.
- If the complainant or the person against whom complaint is made desires any witness/es to be called they shall communicate in writing to the ICW the names of witness/es whom they propose to call.
- If the complainant desires to tender any documents by way of evidence before the ICW, she shall supply original copies of such documents. Similarly, if the person against whom complaint is made desires to tender any documents in evidence before the ICW, he shall supply original copies of such documents.
- The ICW shall call upon all witnesses mentioned by both the parties. Further, ICW also shall have right to call upon any person to give witness and any documents for recording.
- The ICW shall provide every reasonable opportunity to the complainant and to the respondent, for putting forward and defending their respective case.
- The ICW shall complete the “Enquiry” within reasonable period but not beyond three months and communicate its findings and its recommendations for action to the management. In case of delay to complete the enquiry, ICW shall record the reasons for the delay.
- The report of the committee shall be treated as an enquiry report and same shall be submitted to the management, which shall be treated as basis of which an erring employee can be awarded appropriate punishment straightaway.
- The management will direct appropriate action in accordance with the recommendation proposed by the ICW within sixty (60) days of receipt of the report.
False & frivolous complaints
In case the compliant is found to be false or frivolous, the complainant shall, if deemed fit, be liable for appropriate disciplinary action, as per the disciplinary and grievance policy.
Role of chairperson
- Acts as a liaison between the ICW Committee and the apex committee chairperson
- Receives all the information pertaining to women’s complaints and initiate necessary action as required.
- Keep oneself abreast with the recent developments in the field.
Role of secretary (Member secretary)
- Prepare the agenda for the next meeting
- Submission for approval of agenda by the chairperson
- Inform the committee members regarding the next meeting at least 2 days before the meeting
- The minutes of meeting shall be prepared by the secretary
- Get the approval of minutes by the chairperson
- Circulate the agenda approved by the chair person to the members and the concerned persons
- To maintain all records ( as per list) related to the committee
- Submission of a copy of the agenda and the minutes of the meeting to the quality department after getting signature from all the concerned members
Agendas for the meeting shall be prepared by the secretary in consultation with the chair person and signed by the chair. Then it is sent to all committee members and other experts. The agenda shall be sent to all at least 2 days before the scheduled meeting.
A meeting shall be called even by an oral / telephone communication in case of an emergency meeting. A justification for the emergency meeting has to be given.
- Shall be prepared by secretary.
- MoM is send to the chairperson for the approval within three days of the meeting.
- After the approval of the minutes by the chairperson, the approved minutes are circulated within 2 days of the meeting to all the committee members and the person concerned for implementation.
- A copy of the agenda and minutes of every meeting shall be sent to the quality manager by the member secretary
- A thorough discussion of the agenda shall be done by the committee members and based on their suggestion and recommendations the issue shall be weighed. Also as and when needed any kind of trial study may be performed and based on the outcome of it the committee will decide on that issue.
- The decision of the committee will be finally taken by a majority vote and that shall be implemented.
Records to be maintained
- List and details of all members
- The TOR of the committee
- Copy of all agendas, minutes of all meeting
- Attendance sheet
- Copy of any other correspondence to the committee members or non-members
- Copy of any study conducted for the sake of the committee