Prevention of Sexual Harassment (POSH) - Internal Complaints Committee Official Constitution and Guidelines (2025-26) Nikhil Varrshan, Zemuria Inc.

Open PURPOSE

PURPOSE

To create and maintain a safe work environment, free from sexual harassment and discrimination, for all employees. This policy is formulated in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (hereinafter referred to as the "POSH Act" in India) and its accompanying rules.

In this policy, 'Zemuria,' 'The Company,' or ‘The Organization’ shall refer to “Mercemur Technologies Private Limited” or “Zemuria Inc”, and the terms shall be used interchangeably throughout this document.

Open SCOPE

SCOPE

The Company aims to adopt zero tolerance against any kind of sexual harassment or discrimination caused by any employee during their tenure towards any other person being an employee, client, vendor, and contractor in the company premises or elsewhere in India or abroad.

The Company is steadfast in its commitment to fostering a professional, respectful, and safe workplace environment, reinforcing its ethical values and safeguarding the dignity of all individuals.

Open DEFINITION

DEFINITION:

1. Employee – includes persons carrying out any work on behalf of Zemuria and may have been hired as permanent, temporary, contracted, trainee, either directly or indirectly through a vendor Organization.

2. Sexual harassment – harrasment of a female/male employee consisting of any unwelcome sexually determined behaviour, whether directly, indirectly, by any male/female in charge of the management or a male/female co-employee either individually or in association with other persons to exploit the sexuality of co-employee to harass him/her in a manner which prevents or impairs his/her full utilization of full benefits, facilities or opportunities or any other behavior which is generally considered to be derogatory.

At our company, we take pride in fostering an environment that ensures protection and equality for all employees, free from any form of harassment. While the POSH (Prevention of Sexual Harassment) Act in India predominantly addresses safeguarding women, we recognize

Open POLICY GUIDELINES

POLICY GUIDELINES

Sexual harassment shall include but not limited to:

Physical Actions:

• Unwelcome touching, patting, pinching, or brushing against the body.
• Staring, leering, or suggestive gestures.
• Physical advances or attempts at assault.

Verbal Harassment:

• Comments on physical appearance, clothing, or personal life.
• Sexual jokes, innuendos, or obscene remarks.
• Repeated unwelcome invitations or propositions for dates or sexual activity.

Non-Verbal Harassment:

• Sending sexually explicit messages or emails.
• Displaying offensive images, screensavers, or posters.
• Sharing suggestive or explicit social media content targeted at an individual.

Quid Pro Quo Harassment:

• Demanding sexual favors in exchange for promotions, benefits, or job security.
• Threatening demotion or dismissal for rejecting advances.

Hostile Work Environment:

• Creating an intimidating or offensive workplace by allowing harassment.
• Ridiculing or isolating individuals

Open GRIEVANCE REDRESSAL MECHANISM

HARASMENT GRIEVANCE REDRESSAL MECHANISM:

A Complaint shall be submitted through email to [email protected] or written complaint where proper details should be furnished and can be discussed during the meeting with any member of the internal complaint committee mentioned herein within 3 months of occurrence of an act of sexual harassment. If the respondent is the direct supervisor of the complainant or person influencing the career growth of the complainant, the reporting structure will be changed till the time the inquiry is completed.

If the aggrieved employee is unable to make a complaint on account of their physical or mental incapacity or otherwise, (a) legal heir or friend; or (b) coworker; or (c) an officer of the National Commission for Women or State Women’s Commission; or (d) any person who has knowledge of the incident, with a written consent of the aggrieved Individual; may make a complaint.

Open INTERNAL COMPLAINTS COMMITTEE

INTERNAL COMPLAINTS COMMITTEE

Each complaint of sexual harassment shall be dealt with utmost confidentiality and urgency by an internal committee:

Composition of ICC

• Presiding Officer: The senior-most woman employee of the organization.

• Two or more employees: with experience in social work(Internal members).

• One external member(legal expert): from an NGO or similar body familiar with POSH laws.

• Provided that at least 50% of the committee members nominated should be women.

• The ICC shall have a tenure of three years and will be responsible for receiving and addressing sexual harassment complaints.

• The integrity and effectiveness of the Internal Complaints Committee (ICC) are paramount in ensuring a robust and fair workplace harassment prevention mechanism. Disqualification of ICC members is a critical aspect of maintaining the highest standards of professional conduct, legal compliance, and organizational credibility.

Disqualification of ICC Members

• The fo

Open COMPLAINT MECHANISM

COMPLAINT MECHANISM: EMPOWERING VOICES, ENSURING JUSTICE:

Filing a Complaint: The aggrieved individual must submit a written complaint to the ICC within three months of the incident. Complaints can also be sent via email to [email protected].

Confidentiality: The Identity of the complainant, respondent, and witnesses shall be kept confidential.

Assistance: If the complainant cannot write the complaint, they can record audio about the incident, and they may seek assistance from a member of the ICC.

Witness Protection and Anti-Retaliation Measures: The organization is committed to protecting the rights, dignity, and safety of individuals involved in sexual harassment complaint processes. Witness protection and anti-retaliation measures are critical to ensuring a fair, transparent, and supportive investigation mechanism that encourages reporting without fear of professional or personal consequences.

Comprehensive Witness Protection Protocols:

• Confidentiality Safeguar

Open INQUIRY PROCESS

INQUIRY PROCESS

1. Upon receiving a complaint, the ICC shall: Provide a copy of the complaint to the respondent within seven working days.

Initiate an inquiry within ten working days of receiving the respondent’s reply.

2. Inquiry Timeline: In alignment with the Prevention of Sexual Harassment (POSH) Act guidelines, the entire investigation process is time-bound and follows a structured approach. The preliminary inquiry is completed within 90 days, with regular updates provided to all concerned parties while maintaining strict confidentiality.

During the enquiry process, the Complainant and the Respondent shall refrain from any threat, intimidation or influencing of Witnesses.

3. Recommendations by ICC: Upon completion of the investigation, a comprehensive report is prepared, detailing findings, evidence analysis, and recommended actions. The recommendations may range from counseling and warning measures to more severe disciplinary actions, including potential termination, de

Open CONFIDENTIALITY & DATA PROTECTION

CONFIDENTIALITY AND DATA PROTECTION

All proceedings related to the case should be conducted with utmost confidentiality, and this report is shared with the employer in accordance with the POSH Act, 2013. The identities of the complainant, respondent, and witnesses should be kept confidential in line with Section 9 of the Act.

CONCLUSION:  Complaints relating to Sexual Harassment shall be handled and investigations will be conducted under the principles of natural justice, based on the principles of fundamental fairness, impartially and confidentially to protect the identity of all, viz. the person filing the charge, potential witnesses, and the person accused of improper behaviour. Also, all efforts shall be made to ensure objectivity and thoroughness throughout the investigation.

The identity and address of the aggrieved person, respondent, and witnesses must not be published or disclosed to the public or media.

The overarching philosophy of our approach is to create a safe, respectful

Open CONSEQUENCES OF VIOLATION

CONSEQUENCES OF POLICY VIOLATION:

• For Offenders: Any proven sexual harassment case will result in strict disciplinary action, including but not limited to termination of employment.

• For Malicious Complaints: False or malicious complaints, if identified, will lead to corrective measures against the complainant, ensuring no discouragement for genuine grievances.

Open MONITORING AND REVIEW

MONITORING AND REVIEW:

This policy and procedure will be reviewed whenever required from the implementation date.

Any updates or amendments in legislation will be promptly incorporated into the policy to maintain compliance and foster a safe and inclusive workplace.