SEXUAL HARASSMENT PREVENTION & REDRESSAL POLICY

A. INTRODUCTION

Barcode Influencer Marketing Private Limited (hereinafter referred to as “Barcode” or “Employer”) is committed to creating and maintaining a safe and harassment-free work environment for all its employees, contractors, trainees, and visitors. Barcode has a zero-tolerance policy towards any form of sexual harassment or discrimination, irrespective of gender.

As a responsible organization, Barcode ensures that all employees are safeguarded against sexual harassment at the workplace and are able to work with dignity, a universal human right.

This Policy applies to all employees of Barcode, irrespective of their gender identity (women, men, or transgender individuals) and is deemed to be incorporated into their terms of employment. It also applies to individuals engaged on a fixed-term or short-term basis, including trainees, contractual staff, and visitors.

B. IMPORTANT DEFINITIONS

1. Aggrieved Individual: A person, irrespective of age, employment status, or gender, who alleges to have been subjected to sexual harassment by the Respondent. This includes contractual staff, trainees, and visitors.
2. Appropriate Government: As defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).
3. Complainant: Any Aggrieved Individual or their representative (as per Rule 6 of the POSH Rules, 2013) who files a complaint of sexual harassment under this Policy.
4. Employer: The entity responsible for the management, supervision, and control of the workplace, including appointment, removal, or termination of employees.
5. Internal Committee (IC): The committee formed under Section 4 of the POSH Act to address complaints of sexual harassment against women.
6. Disciplinary Committee (DC): The committee formed to address complaints of sexual harassment against men and transgender individuals, as well as other forms of harassment.
7. Employees: Includes permanent, part-time, and contractual employees, as well as trainees engaged by Barcode.
8. Respondent: The individual against whom a complaint of sexual harassment is filed.
9. Workplace: Any establishment, enterprise, office, or location owned or controlled by Barcode, as well as places visited by employees in the course of employment, including transportation provided by the employer.

C. BACKGROUND

The POSH Act, 2013, was enacted to provide a safe, secure, and dignified working environment free from sexual harassment for women. While the POSH Act specifically addresses harassment against women, Barcode extends the scope of its policy to include all genders, ensuring a comprehensive framework for addressing and redressing complaints of sexual harassment.

D. DECLARATION

Barcode declares zero tolerance for sexual harassment. No employee, irrespective of gender, shall be subjected to sexual harassment at the workplace or during work-related activities outside the workplace.

E. OBJECTIVE

The objectives of this Policy are:

1. To declare that sexual harassment against any individual is prohibited.
2. To define the scope and coverage of sexual harassment.
3. To create awareness among employees about the adverse impact of sexual harassment.
4. To establish mechanisms (IC and DC) for redressal of complaints and ensure confidentiality and sensitivity during proceedings.
5. To encourage employees to report incidents fearlessly.
6. To provide appropriate penalties for proven cases and discourage false complaints.
7. To ensure compliance with the POSH Act and related legal requirements.

F. MEANING AND SCOPE OF SEXUAL HARASSMENT

1. What constitutes sexual harassment? Sexual harassment includes, but is not limited to:

• Physical contact and advances
• Demand or request for sexual favors
• Making sexually colored remarks
• Showing pornography
• Sending inappropriate messages or content via any electronic medium

2. Circumstances amounting to sexual harassment:

• Explicit or implicit promise of preferential treatment in employment
• Threats of adverse treatment in employment
• Interference with work or creating a hostile work environment
• Humiliating treatment affecting health or safety

G. POLICY AWARENESS

1. Employee Responsibilities:

• Abstain from any acts of sexual harassment.
• Report incidents without fear or favor.
• Foster a respectful work environment.
• Avoid malicious complaints.
• Seek clarification or assistance from the IC or DC when in doubt.

2. Employer Responsibilities:

• Provide a safe working environment.
• Raise awareness of this Policy.
• Constitute the IC and DC with clearly defined roles and tenures.
• Facilitate investigations and ensure prompt action against proven offenders or false complainants.

3. Complainant and Respondent:

• Complaints by women are addressed by the IC; complaints by men and transgender individuals are addressed by the DC.
• Complaints can be made against employees or non-employees, including visitors.
• Consent obtained under duress from a subordinate by a senior employee will not be deemed voluntary.
• Incidents outside the office (e.g., work events) are also covered.

4. Internal Committee (IC):

• The IC addresses complaints from women employees.
• Tenure: Three years, renewable upon reappointment.
• Members cease to hold office upon the expiration of tenure, cessation of employment, or superannuation.
• The IC also hears complaints from external individuals if the harassment occurred in Barcode’s workplace.

5. Filing Complaints:

• Complaints must be in writing and submitted within three months of the incident (extendable by three additional months at the IC’s discretion).
• Complaints may be submitted in physical or electronic form.
• Detailed information (dates, incidents, witnesses) should be included.
• IC/DC members will assist complainants in articulating their complaints if needed.

Committee Members (IC/DC):

H. PROCEDURE FOR HANDLING COMPLAINTS

1. Conciliation Efforts:

• Upon receipt of a complaint, the IC/DC may initiate conciliation, provided the complainant requests it.
• No monetary settlement shall be treated as conciliation.

2. Inquiry Process:

• The IC/DC will conduct a fair, confidential, and unbiased inquiry.
• Both parties will be given an opportunity to present their case.
• Witnesses may be called to provide evidence if required.

3. Disciplinary Actions:

• Appropriate action will be taken against proven offenders within 60 days of the receipt of the report, which may include counseling , apology, written warning, withholding promotion and/or increments, suspension, termination, or any other action that the Employer may deem fit.
• False complaints will attract penalties as a deterrent.

Barcode remains committed to upholding this Policy and ensuring a safe, inclusive, and respectful workplace for all.