Prevention of Sexual Harassment Policy

I.COMMITMENT:

Devon Software Services is committed to providing a work environment that ensures every employee is treated with dignity and respect and afforded equitable treatment.

The Company is also committed to promoting a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.

Devon will not tolerate any form of sexual harassment and is committed to taking all necessary steps to ensure that its employees are not subjected to any form of harassment. We wish to ensure that Devon employees (defined below), vendors and partners can work and pursue business together in an atmosphere free of harassment, exploitation and intimidation caused by acts of sexual harassment occurring during the course of the employee’s work for Devon or within but not limited to the office premises and other locations related to the Company’s business (e.g., in vehicles, third party premises, etc.).

All concerned should take cognizance of the fact that Devon strongly opposes sexual harassment, and that such behaviour against women is specifically prohibited by the law as set down in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (the “Rules”) (hereinafter collectively referred to as the “Act”) as well as the terms of employment. Commission of any act of sexual harassment as defined in the Act and in this Policy shall result in strict disciplinary action. While the Act is only intended to protect women, the Company is committed to providing a workplace free of sexual harassment, and so this policy is intended to be gender neutral and will provide protection against sexual harassment in the workplace, the redressal mechanism for complaints of sexual harassment, and guidance on related matters.

II. DEFINITIONS:

1. Aggrieved Employee: In relation to a workplace, an individual of any age, whether employed or not, who alleges that she/he has been subjected to any act of sexual harassment by the respondent. This definition includes probationers, apprentices, Interns, contractual employees, suppliers, employees of maintenance, security agencies and temporary visitors to a workplace.
2. Complainant: An aggrieved employee who files a complaint with the Internal Committee in accordance with this Policy.
3. Respondent: A person against whom a complaint of sexual harassment has been made by an aggrieved employee.
4. Employee: All categories of workers of the Company, including permanent management and workmen, temporary workers, consultants, trainees and employees on contract at their workplace or at client sites.
5. Workplace: the place of work and any place the aggrieved employee visits during the course of and/or arising out of employment/contract/engagement with the Company, including transportation provided for undertaking such a journey, off site meetings and public avenues.

III. DEFINITION OF SEXUAL HARASSMENT AND OTHER FORMS OF HARASSMENT:

Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (whether directly or by implication).

Sexual harassment at the workplace includes:

1. unwelcome contact and sexual advances (verbal, written or physical),
2. demand or request for sexual favours,
3. any other type of sexually-oriented conduct and sexually colored remarks,
4. verbal abuse or ‘joking’ that is of a sexual nature,
5. showing pornography or other offensive or derogatory pictures, cartoons, representations, graphics, pamphlets or sayings; and
6. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

In addition to the above, Devon also prohibits any conduct in the workplace that has the purpose or the effect of adversely interfering with an aggrieved employee’s work performance or creating an intimidating, hostile or offensive work environment and/or submission to such conduct is either an explicit or implicit term or condition of employment and /or submission or rejection of the conduct is used as a basis for making employment decisions. In addition to the above examples of sexual harassment, which may contribute to an intimidating, hostile or offensive work environment, below are some more examples of such prohibited conduct:

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

Note that sexual harassment can occur:

(a) between members of the same or opposite sex, regardless of their sexual orientation.

(b) between vendors, contractors, and/or employees. (c) offsite at work-related events.

IV.RESPONSIBILITIES REGARDING SEXUAL HARASSMENT:

All employees of the Company have a personal responsibility to ensure that their behavior is not contrary to this Policy.

All employees are encouraged to reinforce the maintenance of a work environment free from sexual harassment.

V.COMPLAINT MECHANISM:

In compliance with the Act, a written complaint of sexual harassment should be made to the Company’s “Internal Committee,” which has been constituted for time-bound redressal of all complaints of harassment made by the victim. In case of a verbal complaint, the complaint will be reduced to writing by the receiver of the complaint and signatures of the complainant will be obtained. In case of an allegation of sexual harassment being made against a contract worker, the Company will work with the direct employer of the alleged offender to decide how the matter should be dealt with.

VI.INTERNAL COMMITTEE:

The Internal Committee is responsible for:

• Receiving complaints of sexual harassment in the workplace;
• Investigating complaints of sexual harassment;
• Making recommendations to the Company on the actions to be taken against the respondent; and
• Discouraging and preventing sexual harassment at workplace. Initially, and till further notice, the Internal Committee shall comprise of the following, of whom at least half shall be women:

1. A female employee employed at a senior level in the organization (Presiding Officer)
2. At least one employee from amongst the general population of employees, committed to the cause of women and/or having legal knowledge (Member)
3. A member of the Culture and Talent (human resources) department (Member)
4. One external member familiar with the issues relating to sexual harassment, e.g., a member of a non-governmental organization or lawyer (Member)

COMPOSITION OF INTERNAL COMMITTEE:

VII. PROCEDURES FOR RESOLUTION, SETTLEMENT OR PROSECUTION OF ACTS OF SEXUAL HARASSMENT:

The Company is committed to providing a supportive environment to resolve concerns of sexual harassment as follows:

1. Any aggrieved employee with a harassment concern may make a formal complaint to the Presiding Officer of the Internal Committee. The complaint shall have to be in writing and can be in the form of a letter sent in hard copy or by email, preferably within 15 days and no later than three (3) months from the date of occurrence of the alleged incident and in case of a series of incidents, within a period of 3 months from the date of the last alleged incident. The employee is required to disclose her/his name, department, division and location she/he is working in, to enable the Presiding Officer to contact her/his and take the matter forward. The supporting documents and the names and addresses of witnesses must also be submitted along with the complaint.
2. The period in which to make a formal complaint may be extended for another three (3) months if circumstances warrant such extension in the opinion of the Internal Committee. The Internal Committee shall record its reasons for either extending or refusing to extend the filing deadline.
3. Where the aggrieved employee is unable to make a complaint because of his/her physical incapacity, a complaint may be filed by (a) a relative or friend; (b) a co-worker; (c) an officer of the National Commission for Women or State Women’s Commission; or (d) any person who has knowledge of the incident, but only with the written consent of the aggrieved employee.
4. Where the aggrieved employee is unable to make a complaint because of her/his mental incapacity, a complaint may be filed by- (a) a relative or friend; (b) a special educator; (c) a qualified psychiatrist or psychologist; (d) the guardian or authority under whose care the aggrieved employee is receiving treatment or care; or (e) any person who has knowledge of the incident jointly with any person prescribed under sub-clauses (a) to (d) herein.
5. As soon as reasonably possible after receipt of the complaint, the Presiding Officer of the Internal Committee will proceed to determine whether the allegations in fact bring out an alleged case of sexual harassment contemplated by the Act.
6. Upon receipt of a complaint of sexual harassment, the Internal Committee will forward a copy of the complaint to the respondent within [7 days] or within such time period as it may deem reasonable and provide an opportunity to submit a written explanation if the respondent so desires. Subsequently, the Internal Committee shall decide the place and time for hearing the complaint and shall intimate the date, time and place of hearing to the complainant and respondent. The proceedings will be reduced to minutes and such minutes/record of proceedings will be signed by the individuals involved (complainants, accused, witnesses, etc. as applicable) as directed by the Internal Committee. The Internal Committee shall follow the principles of natural justice while handling such complaints.
7. Where both the complainant and respondent are employees of Devon, before issuing the report discussed in clause VII.8 below, the Internal Committee will share a copy of its findings with the parties and give them an opportunity to make representations against these findings.
8. After the inquiry, the Internal Committee will prepare a detailed report assessing the available facts and evidence on record.
9. The Internal Committee shall have the right to terminate the enquiry or give an ex-parte decision on the complaint, if the respondent or complainant remains absent without reasonable justification for three consecutive scheduled hearings. Seven days’ written notice will be given to the absent party before the termination or ex-parte order.
10. The parties shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the Internal Committee.
11. For conducting the enquiry, a quorum of the Internal Committee shall be of 3 members including the Presiding Officer.
12. In the event a complaint does not fall under the purview of the sexual harassment contemplated by the Act or this Policy, the Presiding Officer will record this finding with reasons and communicate the same to the complainant in writing.
13. Where harassing conduct amounts to a criminal offence under the law, the Company shall have the right to initiate appropriate action in accordance with the Act by making a complaint with the appropriate authority after discussion with the aggrieved employee.
14. The Internal Committee shall conduct its inquiry in a timely manner and shall submit its report containing its findings and recommendations to the Global CEO as soon as practically possible and, in any case, no later than 10 days after the completion of the inquiry. The Global CEO will ensure that corrective action on the recommendations of the Internal Committee shall be taken, and keep the complainant informed of the same.

If a complaint is substantiated, corrective action recommended by the Internal Committee may include any of the following:

• Formal apology by the respondent to the complainant.
• Censure or reprimand.
• Written warning to the respondent, with a copy to be maintained in the respondent’s file.
• Counselling
• Withholding promotion and/or increments.
• Change of work assignment / transfer for either the respondent or the complainant.
• Suspension or termination of services of the respondent.
• Any other action that may be appropriate under the circumstances.

15. The Company will act upon the recommendation of the Internal Committee within 60 days and confirm to the Committee that it has implemented the Committee’s recommendations, follow up with the complainant to ensure that the offending conduct has stopped, and confirm that there is no victimization of either party.
16. The Internal Committee may, before initiating an enquiry, and at the aggrieved person’s request, attempt to settle the matter through conciliation. However, the Internal Committee shall ensure that:
17. Monetary settlement will not be made as a basis of conciliation.
18. Where the parties have agreed to a settlement, the settlement terms shall be signed by both parties and each party shall receive a copy of the signed terms. Once the parties have arrived at a settlement as described above, no further enquiry shall be conducted by the Internal Committee.
19. During an enquiry, upon written request by the complainant, and provided the complainant has tendered justifiable reasons for such request, the Internal Committee may at its discretion recommend: (a) the transfer of the complainant or the respondent to any other workplace; (b) the granting of leave to the complainant of up to three months, which is in addition to leave to which the complainant would otherwise be entitled; and/or (c) restrain the respondent from reporting on the work performance of the aggrieved employee or writing the aggrieved employee’s appraisal/ confidential report(s). The Internal Committee may also recommend suspension of the respondent with full pay during the pendency of the enquiry if the circumstances so merit.
20. If a complaint is found to be false and made in bad faith, the complainant shall, if deemed fit, be subject to appropriate disciplinary action.
21. Any party not satisfied or further aggrieved by the implementation or non-implementation of the Internal Committee’s recommendations may appeal to the appellate authority in accordance with the Act within 90 days of the recommendations being communicated to such party.

VIII. CONFIDENTIALITY:

The Company understands that it is difficult to come forward with a complaint of sexual harassment and recognizes the complainant’s possible preference to keep the matter confidential.

To protect the interests of the complainant, the respondent and others who may be involved as witnesses, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances and permissible by law. The complainant is advised that although the process is confidential, the respondent and any witnesses and other persons directly involved in the complaint process will learn of the complainant’s identity.

The aggrieved employee, respondent, witnesses and members of the Internal Committee who are employees of the Company who breach the confidentiality of the inquiry process would be liable for disciplinary action up to and including termination.

IX.ACCESS TO REPORTS AND DOCUMENTS:

All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Company except where disclosure is required by law or under disciplinary or other remedial processes.

X.PROTECTION OF COMPLAINANT:

The Company is committed to ensuring that no employee who brings forward a harassment concern in good faith is subject to any form of reprisal. Any such reprisal will be subject to disciplinary action.

The Company will ensure that the complainant or witnesses are not victimized or unlawfully discriminated against while dealing with complaints of sexual harassment.

However, anyone who abuses the complaint procedure (for example, by maliciously submitting an allegation while knowing it to be untrue) will be subject to disciplinary action.

XI.SENSITISING THE EMPLOYEES

We consider it the employer’s responsibility to make sure that the employees know what constitutes sexual harassment. As a matter of policy, trainings will be conducted periodically as decided by the Company from time to time, to sensitize employees on the provisions of the Act, issues and implications of workplace sexual harassment. We will also make sure that there is at least one orientation program a year for the members of the Internal Committee.

XII. CONCLUSION:

In conclusion, the Company reiterates its commitment to providing its employees, a workplace free from harassment/ discrimination and where every employee is treated with dignity and respect.

XIII. LEGAL REFERENCES:

For any additional questions about this Policy or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, please contact a member of IC Team.

XIV. EXCEPTION:

Apart from sexual harassment cases against women, any other types of Sexual Harassment will be handled by HR or the Grievance Committee considering the limited jurisdiction of the Internal Committee (IC). However, such HR or Grievance Committee is free to take advise from IC.