POSH: Policy on Prevention of Sexual Harassment at the Workplace

To make a complaint, provide a suggestion or raise a query, please write to coo@fundfina.com

Fundfina Technologies Private Limited and its subsidiaries (the “Company”) is committed to provide a safe and professional work environment to all its Employees (defined below), which is free of any forms of harassment and discrimination including Sexual Harassment (defined below), intimidation and victimization.

The Company will aim to provide for all Employees an environment that not only promotes diversity and equality but also mutual trust, equal opportunity and respect for human rights.

The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013 (“Act”) has been enacted by the Government of India with the objective of preventing and prohibiting Sexual Harassment of women at the Workplace and to provide for a framework for effective and speedy redressal of complaints of Sexual Harassment. This policy on prevention of Sexual Harassment is framed in accordance with the provisions of the Act and rules framed thereunder (“Policy”). In the event of any conflict between the provisions or process provided in the Act and the Policy, the provisions in the Act shall prevail.

While under the Act, only women can file complaint(s)of Sexual Harassment, the Company is committed to providing all its Employees, irrespective of gender, protection from Sexual Harassment at the Workplace. In addition to the foregoing, this Policy also applies to all vendor employees, off-roll employees, trainees, interns, consultants, client employees, visitors and other associates of the Company.


Complainant” means any person, whether employed or not, who alleges to have been subjected to any act of Sexual Harassment by the Respondent and includes contractual, temporary, visitors.

Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication)namely:

  • physical contact and advances;
  • demand or request for sexual favours;
  • making sexually coloured remarks;
  • showing pornography;
  • any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The following circumstances, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of Sexual Harassment may amount to Sexual Harassment:

  • implied or explicit promise of preferential treatment in employment;
  • implied or explicit threat of detrimental treatment in employment;
  • implied or explicit threat about the present or future employment status;
  • interference with the person’s work or creating an intimidating or offensive or hostile work environment; or
  • humiliating treatment likely to affect her health or safety.

It is to be noted that the Workplace Sexual Harassment 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.

Respondent” means a person against whom a complaint of Sexual Harassment has been made by the Complainant.

Employee” means a person employed at the Workplace, for any work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including a contractor, with or with out 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 by any other such name.

Workplace” means the head office, branch office, or any other offices of the Company. It also includes any place visited by the Respondent or Complainant in connection with his/her work, during the course of and/or arising out of employment/ contract/ engagement with the Company, which includes transportation, canteen, off sites, client’s office, vendor’s office, events, or such other place where he/she is connected(digitally or otherwise) to his/her colleagues, clients or vendors, whether from home or any other location etc.

Employer: A person responsible for management, supervision and control of the Workplace, where management includes a person or board or committee responsible for formulation and administration of policies for such Workplace.

IC” or “Internal Committee” means internal committee formed by the Employer under Section 4 of POSH Act (defined below) to hear and investigate sexual harassment complaints of women present at the Workplace whether employed or not.

DC” or “Disciplinary Committee” means disciplinary committee formed by the Employer to hear and investigate sexual harassment complaints of all genders excluding women.

Constitution of the Internal Committee and Disciplinary Committee

The Company has constituted an Internal Committee and Disciplinary Committee for hearing complaints of Sexual Harassment and speedy redressal. The names of the members of IC and DC are circulated as per the Act and this Policy.

The tenure of the IC members shall automatically cease upon completion of the term of 3 years from their date of their appointment as IC member. The vacant seat shall be expeditiously filled by the Employer in accordance with the law.

The members of DC shall be appointed by the Employer to consider and redress complaints of sexual harassment where genders other than women are aggrieved, provided however, the members of DC shall at all times bear in mind that they do not have the same powers as granted to them under the Act and rules while hearing and investigating the complaints, unless otherwise provided by law, regulations or rules.

In the event a case involving same parties is addressed to IC as well as DC, the IC proceedings will prevail over DC and no further inquiry shall be made by the DC.

Disqualification of Membership

A member of the IC or DC, as the case may be, shall cease to hold office as a member in the following events:

  • Has breached confidentiality of the matter (except where it is permissible)
  • Is found guilty in any disciplinary proceeding or  any disciplinary proceeding is pending against him/her; or
  • Has been convicted of any offence or an inquiry into an offence under any law is pending against him/her;
  • Has so abused his/her position that his/her continuance in office is prejudicial to the interests of the Employees of the Company.
  • If the he/she ceases to be an Employee of the  Company;
  • If found guilty of any misconduct in accordance  with the rules of the Company.


Functions of the Internal Committee

In addition to the specific responsibilities that have been set forth under the Act, the Internal Committee shall have the following general responsibilities:

  • Implementation of this Policy
  • Conducting inquiries in accordance with the procedures set out below applying the principles of natural justice and ensuring compliance with the Policy in all actions taken under, or in connection with, this Policy;
  • Help the Employer in organizing workshops or interactive programs to spread awareness of the issue of sexual harassment as well as this Policy amongst the Employees of the Company;
  • Keeping a record of all complaints received and the actions taken by the Internal Committee and the Company thereon;
  • Submit an annual report to the District Officer at the end of every calendar year as provided in the Act.


Duties of the Employer

  • Provide a safe working environment at the workplace;
  • Display penal consequences of sexual harassment at conspicuous locations;
  • Organize workshops and awareness programmes at regular intervals and orientation of members of the IC and DC;
  • Provide necessary facilities to IC and DC for conducting inquiry;
  • Assist in securing the attendance of Respondent and witnesses;
  • Make available such information as is required by  the IC with respect to the complaint;
  • Provide assistance to the woman victim of Sexual Harassment, if she chooses to file a complaint under Indian Penal Code (IPC);
  • Cause to initiate action under IPC if the Respondent is not an employee or if she so desires, if the Respondent is not an employee, in the workplace where the incident of sexual harassment took place.


Complaint of Sexual Harassment

The Complainant can file a complaint of Sexual Harassment, in writing, with the IC or DC, as the case may be, within 3 months from the date of the incident of Sexual Harassment or in case of a series of incidents, within 3 months from the date of the last incident. The period of 3months for filing complaint may be extended by the IC or DC, as the case maybe, by another 3 months, for the reasons recorded in writing, if IC or DC, as the case may be, has a reason to believe that certain circumstances prevented the Complainant to file the complaint within the limitation period.

The complaint should be filed by the Complainant who has been a victim of Sexual Harassment, however in certain cases it can also be filed by the following:

  • In case of Complainant’s physical incapacity- relative, friend, co-worker, any person who has the knowledge of the     incident with the written consent of the Complainant;
  • In case of Complainant’s mental incapacity- relative, friend, co-worker, special educator, qualified     psychiatrist/psychologist, any person who has the knowledge of the incident with the written consent of the Complainant jointly with the persons mentioned;
  • In case of Complainant’s death- a person who has the knowledge of the incident with written consent of the Complainant’s legal heir;
  • By any person who has knowledge of the incident with the written consent of Complainant.

The complaint shall be in writing, and should include a list of witnesses and evidence, if any to support the complaint. Company understands that many incidents of Sexual Harassment may not have any evidence or witnesses, to support the claim, and Company encourages such Complainants to approach the IC or DC as the case may be, nevertheless. The Complainant can either file a physical copy of the complaint or email a soft copy of the complaint to the IC or DC, as the case may be. A complaint regarding Sexual Harassment shall contain the key points provided in Annexure A of the Policy.

In case the Complainant finds it difficult to write a complaint, the Complainant may approach the IC or DC, as the case may be, who shall render the Complainant reasonable assistance. Provided however, IC or DC will not write a complaint on behalf of the Complainant.


Redressal Process

IC or DC can commence with the redressal process only when the complaint is submitted by the Complainant in writing. In the event the Complainant has verbally discussed the incident of Sexual Harassment with the IC or DC as the case may be, the date of commencement of the process shall be the date of receipt of written complaint with the documents listed above.

Upon the receipt of written Complaint, IC or DC as the case may be, shall proceed with the following process:

  • Conciliation procedure;
  • Inquiry procedure.



Prior to initiating an inquiry into the Complaint, the IC or DC as the case may be, may, only at the request of the Complainant, take steps to settle the matter between the Complainant and the Respondent through conciliation, provided that no monetary settlement shall be made as a basis of conciliation.

If a settlement is reached between the Complainant and the Respondent, the IC or DC as the case may be shall record the settlement so arrived and forward the same to the Company.

The IC or DC, as the case may be, is required to provide the Complainant and the Respondent with copies of the settlement for their records.

In the event a settlement is reached between the Complainant and the Respondent under this clause, no further enquiry shall be carried out by the IC or DC.


Inquiry Procedure

The IC or DC, as the case may be, shall initiate inquiry in the following cases:

  • where no conciliation is requested by Complainant;
  • where conciliation has not resulted in any settlement; or
  • where the settlement has been agreed to, however, Complainant informs the committee that the Respondent has breached any  term or condition of the settlement.
  • Process
  1. The IC or DC shall deliver a copy of the complaint to the Respondent within 7 (seven) working days from the date of  receipt of complaint.
  2. The Respondent shall file/submit a reply to the     complaint within 10 (ten) working days from the date of receipt of the     complaint by the Respondent.
  3. If no reply is filed by the Respondent, then the IC or DC as the case may be shall proceed with the inquiry on the basis of the complaint filed by the Complainant.
  4. The Complainant and the Respondent shall be given fair opportunity to examine each other, any witnesses, produce any documents in support etc.
  5. The venue for inquiry shall be any place decided by IC to maintain confidentiality and impartiality of the process, whether physical or virtual.
  6. The IC or DC shall ensure that principles of natural justice are followed and every possible opportunity is extended to both the parties to be heard.
  7. The IC or DC shall record the evidence of the witnesses of both the parties.
  8. All the proceedings of the IC or DC shall be recorded and signed by the parties.
  9. At the commencement of the inquiry the IC or the  DC shall explain to both the parties the procedure to be followed in inquiry.
  10. In conducting the inquiry, a minimum of 3 (three) members of the IC including the Presiding Officer shall be present.
  11. The IC shall complete that inquiry within a period of 90 (ninety) days from the date of commencement of the inquiry.
  12. The IC shall provide a report on findings within 10 (ten) days after the completion of an inquiry to the Employer and parties.
  13. DC shall attempt to complete the inquiry within 90 days from the date of commencement of the inquiry. Should the DC require additional time to complete an inquiry, it shall in consultation     with the Employer, determine the appropriate time for completion of the     inquiry and submission of the report.


Interim Relief

During the pendency of the inquiry, only upon the written request made by the Complainant, the IC or DC, in its sole discretion may provide any of the following interim reliefs:

  • Transfer the Complainant or the Respondent to another Workplace or allow work from home;
  • Prohibit the Respondent to interact with the Complainant in any manner;
  • Grant paid leave to the Complainant, if she is a woman, for a period up to 3 months. This leave so granted to the Complainant is in addition to the leave that she is otherwise entitled; or
  • Send the Respondent on leave during the pendency of inquiry;
  • Restrain the Respondent from reporting on Complainant’s work performance or writing confidential reports, and assign the same to another person.; and
  • such other relief that the IC may decide at its sole discretion.


Ex-parte order or termination of inquiry

IC or DC as the case may be, has the right to terminate the inquiry proceedings or give an ex-parte decision (without hearing both parties) on the complaint, if either the Complainant or Respondent fails to appear for three consecutive meetings without sufficient cause. Provided however, an advance notice of 15 days shall be provided to the concerned party, of such termination of proceedings or ex-parte order.


Inquiry report and recommendations

  • IC or DC must provide the inquiry report to the Employer, Complainant and Respondent upon the completion of inquiry. While preparing inquiry report, the IC or DC should ensure that:
  • The incident mentioned in the complaint was of sexual nature;
  • that the recommendation of the IC is consistent  with the Act, policy of the Company and any other applicable Indian law,
  • that the recommendation of DC is in consistent with the policy of the Company and any other applicable Indian law,
  • that each allegation has been separately dealt with in the light of the evidence placed, and such evidence and finding     has been clearly written down in the order;
  • there is credibility of the Complainant, Respondent and witnesses
  • all the relevant evidence is considered; and
  • that the recommendation of punishment is  commensurate with the act of Sexual Harassment.


Where the IC or DC as the case may be, arrives at a conclusion that the allegation against the Respondent has not been proved, it shall recommend to the Employer that no action is required to be taken in the matter, and where the IC or DC finds the Respondent to be guilty of Sexual Harassment, it shall recommend any of the following punishment depending on the severity, frequency and impact of the said Sexual Harassment:

  • written apology,
  • written warning,
  • reprimand or censure,
  • counselling,
  • community service,
  • withholding of promotion,
  • withholding of increment, or
  • termination.


In addition to above, the IC shall award compensation to the Complainant to be paid by the Respondent found guilty of Sexual Harassment after considering the following factors:

  • the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
  • the loss in the career opportunity due to Sexual Harassment;
  • medical expenses incurred by the victim for physical or psychiatric treatment;
  • the income and financial status of the Respondent;
  • feasibility of such payment in lump sum or in instalments.


The Employer must comply with all the recommendations of the IC provided in the report within 60 days of the receipt of the report. The Employer shall work with DC to act on the recommendation.



In the event any party is aggrieved of the recommendation so provided by the IC, can file an appeal with the appellate authority notified in Section 2(a) of the Industrial Employment (Standing Orders) Act, 1946 within 90 days from the date of such recommendation. In the event any party is aggrieved of the recommendation provided by DC, can file an appeal with the Employer.


False complaint

A complaint filed by the Complainant knowing it to be false or untrue or where a forged or misleading document has been provided shall be considered to be a false complaint. If on investigation it is revealed that the complaint was made with a malicious intent and with the motive of maligning the concerned individual / tarnishing his/her image in the company and to settle personal/professional scores, strict action will be taken against the complainant which shall include same punishment as provided in case of Sexual Harassment.

It is to be noted that mere inability to substantiate a complaint or provide adequate proof does not make a complaint malicious or false. Further, malicious intent of the Complainant shall be established after an inquiry before recommending any action.



Every person who is a part of the complaint process, including the Complainant, witnesses, Respondent and IC members shall at all times keep the contents of complaint, identity of Complainant, Respondent and witnesses, and any information relating to conciliation, inquiry and recommendations of IC or DC as the case may be confidential. The IC or DC when required, may provide relevant information to the Employer or manager. E.g. in cases where interim reliefs are to be provided to the Complainant, or to carry out the order of the IC. Even in such instances, the Employer/ manager needs to know only such information as is required to carry out their daily functioning. However, dissemination of information regarding the justice secured without disclosure of name, address, identity and particulars of Complainant and witness is allowed.

Any breach of confidentiality of process attracts a penalty of ₹ 5,000/- from the person committing the breach and any other punishment that the IC or DC as the case may be determined at its sole discretion.


Protection against retaliation

Regardless of the outcome of the complaint made in good faith, the Employee lodging the complaint and any person providing information or any witness, will be protected from any form of retaliation. While dealing with complaints of sexual harassment, the IC or DC as the case may be shall ensure that the Complainant or the witness are not victimized or discriminated against by the Respondent. Any unwarranted pressures, retaliatory or any other type of unethical behaviour from the Respondent against the Complainant during or after investigation should be reported by the Complainant to the IC or DC, as the case may be, as soon as possible. Disciplinary action will be taken by the IC or DC as the case may be, against any such complaints which are found genuine.


Responsibilities of Employees

  • abstain from committing any act which amount to  Sexual Harassment at the Workplace;
  • report incidents of Sexual Harassment without fear;
  • become a witness in the event the incident of Sexual Harassment occurred in your presence;
  • speak the truth;
  • treat everyone with respect and dignity;
  • abstain from making any malicious or false Sexual Harassment complaints;
  • not to pass judgment or insensitive comments;
  • report retaliation; and
  • get clarifications from IC or DC as the case may be, whenever in doubt.



The Complaint should contain the following key points:

  • Name of Complainant:
  • Employee Id:
  • Department:
  • Business Unit:
  • Date of Complaint:
  • Name of Respondent:
  • Department (if applicable):
  • Business Unit (if applicable):
  • Email ID / Employee ID (if applicable and available):
  • Date or dates of the incident:
  • Description of incident:
  • All evidence/ witness(es) material, if available, in support of the complaint:
  • Signature/ e-mail ID of Complainant


To make a complaint, provide a suggestion or raise a query, please write to coo@fundfina.com.