SEXUAL HARASSMENT

Objective

KSMPL GROUP prohibits sexual harassment in the workplace, whether committed by senior or any other personnel. More specifically, no senior may threaten or insinuate, either explicitly or implicitly that an employee’s submission to or rejection of sexual advances will influence HR decisions regarding the employee’s wages, advancement, assigned duties, shifts, transfer or any other term or condition of employment or career development.

Scope

This policy applied to all employees, consultants, part time employee and trainees if any.

Policy

Sexual harassment refers to any unwelcome sexual advance, request for sexual favours, or any other verbal or non-verbal conduct of a sexual nature when:

· Submission to the conduct, explicitly or implicitly, is a term or condition of an individual’s employment or an individual’s company’s condition for engagement.

· Submission to or rejection of this conduct is used as the basis for an employment engagement decision affecting the individual/his (her) company.

· Such conduct has the purpose or effect of reasonably interfering with an individual’s work performance OR creating and intimidating, hostile or offensive working environment.

Type and Examples of sexual harassment:

· Physical contacts and advances;

· A demand or request for sexual favours;

· Sexually coloured remarks;

· Showing pornography;

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

· Such unwelcome sexually overture, either verbal or physical, that causes the recipient discomfort or humiliation or that interferes with the recipient’s job performance; explicit, degrading comments, and/or sexually discriminating remarks, made by someone at the workplace;

· Any incident in which a person with authority uses his position to control, influence or affect the career, salary or job of another employee in exchange for sexual favour;

· Any unwelcome sexual advances, request for sexual favours or other verbal or physical conduct of sexual nature including:

Submission to such conduct is made, whether explicit or implicit, a term or condition of an individual’s continued employment;
Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment;
Any of the above acts of sexual harassment by an employee against whom a complaint is filed and is found guilty, shall be liable for severe punishment apart from initiation of suitable criminal proceeding against him

The law

Sexual harassment is a form of sex discrimination because it focuses on an individual’s role as a man or a woman, rather than as an employee. There are Supreme Court guidelines (1997) that protect the victim and award punishment to the perpetrator.

Not intent but Perception.

It is important to understand that even if the intent of certain conduct is not to create a hostile work environment, the conduct may still constitute sexual harassment. It is the perception that takes precedence over the intent.

KSMPL Group’s Sexual Harassment Policy

KSMPL Group is committed to:

· Providing a workplace free of sexual harassment.

· Taking measure to prevent any such activity.

· Remedying any such incidents, if they occur.

Sexual harassment is a serious violation of the company standard of conduct and can result in disciplinary action up to and including termination.