The  Javerchand  Khimji  Rangwala Group
Human Rights/Labour Management and Compliance Standards Commitment Charter

Local Labour Laws and Regulations
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must fully comply with all applicable Local Labor Laws and Regulations.

 Discrimination
The  Javerchand  Khimji  Rangwala Group respects cultural differences, and we believe that employees should not be discriminated in hiring, compensation, benefits, advancement, discipline, termination or other employment practices on the basis of age, race, colour, nationality, gender, religion, marital status, sexual preference, or political beliefs.

 Harassment
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must treat all employees with dignity, and we believe that no worker will be subject to corporal punishment, verbal, sexual, physical or psychological harassment or abuse.

 The discrimination and sexual harassment policy is more particularly described in Annexure –A enclosed herewith.

 Child Labor
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must not hire workers under the age of 18 or at an age where the local law allows such exceptions.

 Forced Labor
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must not use forced labor, bonded/prison.

 Wages and Benefits
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must compensate employees fairly by complying with the minimum wages and benefits required by local law/industry standard.

 Work Hours
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must ensure that their employees shall not be required to work more than 66 hours per week (including overtime) and are entitled to at least one day off in every seven-day period.

 Freedom of Association
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must ensure that their workers should be free to join organizations of their own choice and must not discriminate against workers as a result of any such organization affiliation.

 Environmental Standards
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must comply with all applicable local environmental laws and regulations for commitment to preserving the environment.

 Working Conditions
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must comply with all applicable local laws regarding work environment: safe, healthy and clean workplace.

 Sub-Contracting
The  Javerchand  Khimji  Rangwala  Group &  its Suppliers must not engage any sub-contractor to perform any work without prior approval.

POLICY STATEMENT ON DISCRIMINATION AND SEXUAL HARASSMENT

The Javerchand Khimji Rangwala Group ( herein to referred as “the company” for sake of brevity) having its head office at Rangwala House, 288 Samuel Street, Mumbai – 400 003, is committed to providing a working and learning environment free from discrimination and sexual harassment and to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all of its employees. Consistent with this commitment and with applicable local, state & central laws, it is the policy of the company not to tolerate discrimination and sexual harassment in any form and to staff who feel that they are victims of either with mechanisms for seeking redress.

This policy is applicable to all units of the group. This policy shall be prominently displayed at all units/workplaces  of the Group including its head office.

The management and the employees of the company are expected to adhere to the policy in this statement and to cooperate with the procedure it describes for responding to complaints of discrimination and sexual harassment. They are also encouraged to report any conduct they believe to be in violation of this policy. Management and supervisory personnel in particular are responsible for taking reasonable and necessary action to prevent discrimination and sexual harassment in the workplace and for responding promptly and thoroughly to any such claims.

After a formal investigation conducted according to the appropriate company procedure, individuals found to have engaged in discrimination or sexual harassment will be subject to discipline. The sanctions imposed can range up to and include termination of employment in the case of officers and staff. Retaliation against anyone who files a complaint or participates in an investigation is prohibited and may be addressed as a separate matter.

Definitions
For purposes of this policy and not prejudical to the laws of the land, discrimination and sexual harassment are defined as follows:

Discrimination
Discrimination may occur by:

• treating members of a protected class less favorably because of their membership in that class. The protected groups are based upon race, color, religion, sex, age, national or ethnic origin, disability, sexual orientation, marital status, or disabled veteran, the actual or perceived status of an individual as a victim of domestic violence; or
• having a policy or practice that has a disproportionately adverse impact on protected class members.

Sexual Harassment
Unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or during the course of training period ; or
• submission to or rejection of such conduct by an individual is used as the basis for employment or other decisions affecting that individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s work or performance or creating an intimidating, hostile, demeaning, or offensive working, or living environment.

Consensual, romantic relationships between individuals who work together are generally not considered sexual harassment and are not prohibited by company policy and are not covered under this policy.

Responsible Offices and Individuals
The company has assigned responsibility for implementing its policies on discrimination and sexual harassment to different offices and groups of individuals. The following is a list of the responsible offices and individuals.

• Management and Supervisory Personnel

For the purpose of this policy, Management and supervisory personnel exercise authority on behalf of the company. They must ensure that their workplace is free of discrimination and sexual harassment, and must take each and every complaint seriously. Those individuals include any officer having formal supervisory responsibility over employees.

• Labour Commisioner

Individuals who believe that they have been victims of discrimination or sexual harassment may obtain informal advice and confidential counseling from the concerned officer, member of the Labour Commisoner’s office or the Discrimination and Sexual Harassment Panel at the Human Rights Office as per applicable local laws. These officers are not authorized to conduct formal investigations of complaints.

PROCEDURE FOR HANDLING ISSUES OF DISCRIMINATION AND SEXUAL HARASSMENT
Any person who believes that he or she has been discriminated against or sexually harassed may initially choose to deal with the alleged accused  directly through a face-to-face discussion, a personal telephone conversation, e-mail correspondence, or letters. In some cases this may effectively resolve the situation. However, individuals should not feel pressured to address the individual directly. Such an approach may be ineffective in correcting the problem, or an individual may be uncomfortable in handling the situation alone.

Confidential off-the-record counseling may only be obtained by speaking to a member of the Panel on Discrimination and Sexual Harassment( henceforth referred as the member panel ). To initiate an investigation, individuals must file a grievance with the nominated supervisory personnel or, where the circumstances warrant, with the management.

Preliminary Review
Individuals may contact to discuss issues relating to discrimination or sexual harassment, with or without filing a grievance. The concerned panel member, or a designee, may conduct a preliminary fact-finding review. At its conclusion, the member will inform the complainant of the options available to that person. These include seeking a mediated solution to the problems the complainant has encountered or conducting a full investigation. Based upon the facts of the case, the member may also advise the complainant that his or her case is more suitable for adjudication by another entity within the company. Regardless of the recourse chosen, the member is not authorized to address matters outside of the scope of the specific allegation of discrimination or sexual harassment, except that he/she will investigate claims of retaliation arising out of those allegations.

To request any action under the company’s Discrimination and Sexual Harassment Complaint Procedure, an individual must contact the member panel within 180 working days of the date of the incident. The member panel may extend that deadline, and any others specified in this procedure, when he/she determines that circumstances justify an extension. As the member panel has the authority and responsibility to gather information from all sources that he/she deems necessary for a fair resolution of the complaint, absolute confidentiality cannot be guaranteed. However, all parties and witnesses involved in an investigation will be urged to maintain confidentiality.

Individuals may also ask the member panel to take no further action. However, the company reserves the right to proceed with an investigation on its own.

A. Mediation

Individuals who believe they have been discriminated against or sexually harassed may choose to resolve their complaints through mediation by the member panel. Mediation is an informal and confidential process where parties can participate in a search for fair and workable solutions. Mediation requires the consent of both parties and suspends the complaint procedure for up to thirty (30) working days, which can be extended, at the discretion of the member panel, upon consent of both parties.

By mutual agreement, the two parties may elect to have their concerns mediated by the Mediation Panel  at the Labour commisioner’s office or the concerned local human rights panel with the approval of the company.

Complaints that are addressed through mediation are not required to be made in writing. The parties may agree upon a variety of resolutions such as modification of work assignment, training for a department, or an apology. Parties may agree to a resolution that is oral or embodied in a written agreement. The final resolution is confidential; however, the parties may elect to file a written agreement with the member panel of the company if its enforcement is required.

The member or either party may at any time, prior to the expiration of thirty (30) working days, declare that attempts at mediation have failed. Upon such notice, the member panel may proceed to an investigation.

B. Investigation

The procedure described below is applicable only to those individuals who have elected to pursue their remedies by investigation through the office of the company management or its designated officers.

Filing a Complaint

Any individual who is employed by the company may file a complaint with the member panel to request an investigation of an incident of alleged discrimination or sexual harassment by an employee of company with respect to an allegation arising out of the scope of their employment. Complaints filed by individuals who are not employees of the company will be accepted if the accused is a employee. All complaints shall be accepted if the incident has occurred within 180days of the complaint.

The complaint must be signed by the complainant and include the following information:

• the identity and status of the complainant and accused;
• details concerning the incident(s) or conduct that gave rise to the complaint, date(s) of the incident(s), and location(s) of the incident(s);
• the identity and status of any witness(es) to the incident(s) with telephone numbers, e-mail addresses, and street addresses if known; and
• the action(s) requested to resolve the complaint.

Assignment of Investigator

Within fifteen (15) days working days following the filing of the complaint, or following failed attempts at mediation, the member panel will designate himself/herself, a staff person, or a committee to investigate and hear the case (the “investigator”). The decision as to who shall be designated as the investigator shall be within the sole discretion of the member panel and shall be based upon his/her assessment of the facts, nature, and complexity of the case.

In the event of an alleged conflict of interest with the assigned investigator, either the complainant or the accused may make a written request to the member panel within five (5) working days of learning the identity of the investigator to appoint an alternate. The panel member’s decision on whether to grant such a request is final. If an alternate investigator is appointed, the timelines associated with this policy and procedure will be suspended pending the appointment.

Withdrawal of Complaint

Individuals may seek to withdraw requests for investigations or, where appropriate, ask to have their case transferred to another forum by writing to the member panel within seven (7) working days of filing their complaints. However, the company reserves the right to continue with an investigation on its own initiative.

Notifying the Accused and Supervisor

The investigator will provide a copy of the formal complaint to the accused and, at the same time, notify the accused individual’s supervisor about the complaint. The supervisor may take temporary actions pending the completion of the investigation (such as reassignment or paid leave of absence for either the complainant or accused) in consultation with the member panel. The goal of such temporary actions would be to alleviate conflict pending a final resolution of the claims and all efforts would be made to create an environment where both parties can continue their work or education, if possible. The investigator will not consider any such action as evidence regarding the merits of the complaint.

Responding to the Complaint

The accused is not required to participate in the investigation of the complaint. Non-participation will not be taken as an indication of guilt, but it will also not prevent the investigation from proceeding. The investigator will continue to evaluate the complaint and reach a decision on the basis of the available information.

An accused who decides to participate in the investigation should send the investigator a written response to the complaint within seven (7) working days of receiving a copy of the complaint. A copy of the response shall be provided to the complainant.

The Investigative Process

Within ten (10) working days after being designated, the investigator will begin to interview the complainant, the accused, and any other persons with relevant information about the alleged incident. The investigator may also review personnel records and other documents deemed relevant to the complaint. The complainant and the accused may suggest witnesses the investigator should interview and written information the investigator should consider. However, the investigator has complete discretion as to the witnesses and the documents reviewed. During the investigation process no party is permitted to be represented by legal counsel.

Hearing

At the sole discretion of the member panel, at any time a committee of three individuals may be convened to conduct a hearing on the merits of a complaint. When selecting members of the committee, the member panel will take into consideration the particulars of the complainant and the nature of the claims. A hearing may take place over one or more sessions and at more than one place  as needed. During a hearing, both parties have the right to be present during the testimony of the opposing party or other witnesses but not the right to cross-examine them. However, either party may suggest questions to the committee and request that the questions be asked of the committee or witnesses, and will be provided with explanations if the questions are not posed. Both parties also have the right to review any documents or other evidence considered by the committee and to rebut any evidence presented as part of his or her defense. The member panel may assist the committee in the hearing process, but will not take part in the deliberations.

Investigative or Hearing Findings and Disciplinary Recommendations

The investigator is expected to complete the investigation and submit a decision to the member panel within forty-five (45) working days from the filing of the complaint. The member panel may authorize an extension of that deadline. The investigator’s determination will be made on the basis of the preponderance of the evidence, taken in its totality, and considering any attendant circumstances.

If the investigator finds that the accused has violated the company’s Discrimination and Sexual Harassment Policy, the decision will be accompanied by a recommendation of the discipline that should be imposed. In making such a recommendation, the investigator shall consider properly established records of previous conduct and the seriousness of the violation, the totality of the information available, including the investigative records, and any extenuating or aggravating circumstances the investigator deems relevant.

If the investigator finds that there has been discrimination, harassment, or retaliation, the member panel shall forward the determination and disciplinary recommendations to the complainant, the accused, and the supervisor of the accused.

Appeal of Determination and Disciplinary Recommendations

The accused or the complainant may file an appeal of the investigator’s determination and/or disciplinary recommendations. The appeal must be in writing, should identify the specific portions of the determination appealed, and must be delivered to the member panel within fifteen (15) working days of receiving notice by mail of the investigator’s determination and/or disciplinary recommendations. Issues not appealed in this time frame shall be deemed to be conceded. The member panel will forward the appeal to the designated Appeal Officer for a final decision.

The Appeal Officer may conduct such proceedings as he or she deems appropriate, but will not normally hear the testimony of witnesses. The role of the Appeal Officer is to determine if the investigation and/or hearing was conducted in a fair manner, if the determination is consistent with the evidence, and if the disciplinary recommendations are commensurate with the charges.

The Appeal Officer will render a written decision within thirty (30) working days following receipt of the appeal, or as soon thereafter as practicable, and he or she will forward a recommendation to the member panel for approval. Once approved, the decision will be sent to the Office of the management committee which will provide notice to the parties of the final disposition of the complaint. Such notification shall be in writing and provided to the parties within fifteen (15) working days following receipt of the Appeal Officer’s decision.

Once approved by the member panel, the decision of the Appeal Officer is not subject to further review other than the reserved right of the management of the company to review any decision affecting matters of overall company policy.

Disciplinary Action

 Within thirty (30) working days of receiving the investigator’s report (or as soon thereafter as is practicable), the supervisor and the member panel shall meet to discuss the recommendations and disciplinary and/or corrective action. Following the deadline for filing an appeal or the determination on an appeal, the disciplinary recommendations will be imposed according to the appropriate company disciplinary procedure. Discipline may range from periodic monitoring of the accused by his/her supervisor to termination, where warranted, and may include required attendance at counseling or training.

Independent Investigation

The company, at the discretion of the management members, may conduct an investigation independent of or in addition to the procedure provided herein at any time. The investigation may involve complaints or allegations concerning discrimination or sexual harassment against the any of its employees.