Prevention of Sexual Harassment Policy (POSH) at The Office Pass (TOP)
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Prevention of Sexual Harassment Policy (POSH) at The Office Pass (TOP)


The Office Pass (TOP) part of TOP Technologies Pvt. Ltd. (“TOP”) is committed to creating a safe work environment that is free from any form of sexual harassment and where all of its users are treated with dignity and respect.

TOP shall adopt certain procedures and guidelines to govern cases against sexual harassment. The procedures have been provided below in TOP’s policy against sexual harassment (“Policy”).

All allegations of sexual harassment shall be taken seriously by TOP and shall be governed by this Policy which comes into effect immediately.


(a)“Aggrieved Individual (Male/Female)” means any of the TOP’s employees, TOP’s Member(s),Members’ employees, visitors and vendors at TOP’s workplace, or any individual engaged in work related activities for TOP who allege to have been subject to any act of sexual harassment by the respondent

(b)“Complainant” is any aggrieved individual (including a representative, if the aggrieved individual is unable to make a complaint on account of his/her physical or mental incapacity or death or otherwise) who makes a complaint alleging Sexual Harassment under this Policy.

(c)“Respondent” means a person against whom a complaint of alleging sexual harassment has been made under this policy.

(d)“Employee” means a person employed with TOP for any work on permanent, temporary, part-time, ad-hoc or daily wage basis which includes a co-worker, a contract worker, probationer, trainee and intern or called by any other such name.

(e)“Workplace” means offices established, owned or controlled by TOP

(f)“Employer” means person(s) who are responsible for management, supervision and control including appointment/removal/termination of employees.

(g)“Parties” means collectively the complainant and the respondent.

(h) “Scope” -This policy applies to all employees (full-time, part-time, trainees and those on

contractual assignments) of the Company including all subsidiaries and affiliated companies at their workplace.The workplace includes:

  1. All offices or other premises where the Company’s business is conducted.
  2. All company-related activities performed at any other site away from the Company’s premises.

(i)“Sexual Harassment” includes any unwelcome sexually determined behavior or pattern of conduct that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely –

(i) Physical contact and advances;

(ii) Demand or request for sexual favours;

(iii)Making sexually coloured remarks or remarks of sexual nature about a person’s clothing or body;

(iv)Showing pornography;

(v) Any other unwelcome physical, visual, verbal or non-verbal conduct of sexual nature  including but not limited to vulgar/indecent jokes, letters, phone calls, text messages e-mails, gestures etc.



Complaints of sexual harassment made by any aggrieved individualshall be dealt with by the Internal Complaints Committee (“ICC”)

  • Annexure 1 of the Policy provides for constituent members of the ICC.
  • The ICC should comprise of a Chairperson (compulsorily woman), and not less than half of its members should be women.
  • External member as mandated by law


(i) Complainant must submit a complaint in writing over e-mail at within 3 (three) months from the date of the incident. Complaints arising of incidents more than 3 (three) months old shall not be accepted.Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the complainant from filing a complaint within the said period.

(ii)The complaint should clearly mention the name and available details of both the aggrieved individual and the respondent.


(A) Conciliation

Before the ICC initiates an inquiry, the complainant may request the ICC to take steps to resolve the matter through conciliation. If a settlement has been so arrived, the ICC shall record the same and provide copies of the settlement to the aggrieved individual and the respondent. In such cases, no further inquiry shall be conducted by the ICC

(B) Inquiry

(i) In case where a settlement is not feasible or could not be arrived at through conciliation, the ICC will conduct an inquiry into the complaint.

(ii) The ICC shall seek a reply to the complaint by directing the respondent to submit the list of supporting documents, names and addresses of witnesses.

(iii)On receiving the reply the ICC shall initiate an inquiry and hear both the complainant and the respondent on date(s) intimated to them.

iv)The ICC shall complete the inquiry process within 90 (ninety)days from the date of receipt of the complaint and provide a report of its findings to the Executive.

(v) Where the conduct of Sexual Harassment amounts to a specific offence under the Indian Penal Code4 (45 of 1860) or under any other law; it shall be the duty of ICC to immediately inform the complainant of his/her right to initiate an action in accordance with law with the appropriate authority, and to give advice and guidance regarding the same. Any such action or proceedings initiated shall be in addition to proceedings initiated and /or any action taken under this Policy.


During pendency of the inquiry, the ICC may recommend to transfer the aggrieved individual or the respondent to any other workplace.


TOP is committed to ensuring that no aggrieved individual who brings forward a harassment concern is subject to any form of reprisal and the victim or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

However, anyone who abuses the procedure (for example, by maliciously putting an allegation knowing it to be untrue and/or produces any forged or misleading document) will be subject to applicable disciplinary action.


This policy and the law prohibits any person including ICC Members from publishing, communicating or making known to the public, press and media in any manner, contents of the complaint, the identity and addresses of the aggrieved individual, respondent and witnesses, any information relating to conciliation and inquiry proceedings, or recommendations of the ICC during the proceedings.


Any person aggrieved by the recommendation of ICC may prefer an appeal under the relevant provisions of the Sexual Harassment of Women at Work (Prevention, Prohibition and Redressal) Act and Rules.


The nature and severity of the action against the accused will be in direct proportion to the seriousness of the offence. The ICC, in case if it finds the allegations against the respondent to be true, shall recommend to the Employer to take actions against the respondent for the misconduct as it deems fit.

Constituents of Internal Complaints Committee (ICC)


The Company has instituted a Complaints Committee for redressal of sexual harassment complaint (made by the victim) and for ensuring time bound treatment of such complaints.Initially, and till further notice, the Complaints Committee will comprise of the following four members:

1) Presiding Officer: Woman employee

2) Senior Woman Employee from Personnel/HR  / Office Management function (Member)

3) Senior employee of the Division / Location from where the complaint has originated. This is not a permanent position and this member can be included only if the Complaints Committee feels the need for a local representative to investigate the matter. (Member)

4) Member from an NGO or other body who is familiar with the issue of sexual harassment Member)

5) A senior male employee of the organisation

The Presiding Officer reserves the right to nominate more members of appropriate seniority and rank in the committee to conduct such inquiries to ensure equal representation of the gender as that of the complainant or for any other valid reason.

The Complaints Committee is responsible for:

  • Investigating every formal written complaint of sexual harassment
  • Taking appropriate remedial measures to respond to any substantiated allegations of sexual harassment
  • Discouraging and preventing employment-related sexual harassment


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