SBI Garima Policy on Sexual Harassment of Women at Work Place

State Bank of India (SBI) launched the SBI Garima Policy to address sexual harassment of women at the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the Sexual Harassment Act, was published in the Gazette of India on April 23, 2013. This law makes it mandatory for every employer to prevent and prohibit sexual harassment at the workplace and to provide employees with a fair and unbiased system for filing and resolving complaints.

What misbehaviour is included in Sexual Harassment?

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

• Physical contact and advances; or
• Demand or request for sexual favours; or
• Sexually coloured remarks or remarks of a sexual nature about a person’s clothing or body; or
• Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc.; or
• Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes; or
• Persistent watching, following, contacting of a person; or
• Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

If a woman files a sexual harassment complaint, then a committee is formed to investigate the complaint. Following members are included in committee:

• A Presiding Officer, who shall be a woman at a senior level at workplace amongst the employees.
• Not less than two members from amongst the employees preferably one from officers and one from Award Staff having commitment to the cause of women/experience in social work/ legal background/ engaged in discharging Corporate Social Responsibility activities in the Bank. One member may also be included in the Committee from another Circle.
• One member from NGO or association committed to the cause of women or persons familiar with the issues relating to sexual harassment.
• A quorum of IC will be minimum three members, viz. the Presiding Officer, other two members one of whom shall be a woman, failing which the proceedings of the Committee will be invalid.
• The Committee shall maintain complete and accurate documentation of the complaint, its investigation process, and the resolution thereof.
• The members of IC will hold office for a period not exceeding 3 years from the date of appointment/nomination. However, the Bank will reconstitute the Committee upon retirement, transfer, disqualification, death, prolonged illness of the members.

Process to File Complaint of Sexual harassment in SBI Garima Portal

• Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the IC concerned within a period of three months from the date of incident.
• She may, if she so chooses, submit the complaint to her Branch Manager/Head of Department, who should acknowledge the complaint and forward the same to the IC concerned without loss of time for further investigation with information to the Controller.
• Alternatively, complaints of sexual harassment may be filed on Garima Portal on SBI Times (Intranet).
• In case of a series of incidents, the complaint should be made within a period of three months from the date of last incident. The time limit may be extended by the Committee for a reasonable period (maximum of 90 days) after recording the reasons adduced by the complainant.
• Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir, relative or friend, co-worker or any other person having the knowledge of the incident may make a complaint on her behalf.
• Any aggrieved woman other than employee can lodge a complaint to the Head of Branch/Office/Nodal Officer of the respective Circle.

Important Points of SBI Garima Sexual harassment Policy

During the pendency of the inquiry interim relief may be granted to the aggrieved woman. The IC may recommend to the appropriate authority to transfer the aggrieved woman or the respondent or both to different workplace(s). IC may grant leave to the aggrieved woman up to a period of 3 months. This will be over and above of applicable service rules in this regard. The inquiry will be completed within a period of ninety days. On completion of the Inquiry, the Internal Committee will provide its findings to the disciplinary authority under service rule/conditions of the employee, within 10 days of its completion.

Any person aggrieved by the decision of the Internal Committee may prefer an appeal within ninety (90) days of the recommendations to the Internal Appellate Committee (IAC – POSH) constituted in the Bank. An appeal may also be preferred for non-implementation of the decision of IC to the IACPOSH within the above-mentioned stipulated time. There shall be two Internal Appellate Committees (POSH), viz. IAC POSH – I and IAC POSH -II. Appeals in cases where both the Complainant(s) and the Respondent(s) are up to the rank of Scale V will be heard by Internal Appellate Committee (POSH) – II.

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