1.     PURPOSE

At Apex Instruments Company Private Limited (Apex), we recognize the importance of having a diverse and skilled workforce that reflects all segments of society. We are dedicated to creating a workplace that fosters an environment of mutual respect and dignity for our employees, and where everyone has equal opportunities regardless of their gender. We believe in upholding the right of every employee to work in a professional atmosphere that promotes diversity, safety, positivity, and respect towards all individuals in the workplace.

2.     SCOPE

We have formulated this policy in compliance with the regulations stipulated under "The Transgender Persons (Protection of Rights) Act, 2019" and the associated guidelines, with the objective of preventing discrimination against employees with disabilities on the basis of their gender.

3.    APPLICABILITY

At Apex, we maintain a strict zero-tolerance policy towards any form of discrimination, regardless of the grounds on which it is based. Our hiring process is solely based on the individual's merit, skillset, and competency, with equal opportunities provided to all eligible candidates, regardless of their gender. All our employees are treated fairly and neutrally, without any form of bias or preference based on their gender, religion, background, or any other grounds.

This policy is applicable to all employees of Apex, across all branches operating throughout the Indian territory

4.    DEFINITION

4.1. Transgender person- means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.

However, with respect to this policy, a transgender person shall mean a transgender employee who is associated with Apex and is engaged in an office of Apex which is located within the territory of India.

5.     ASSISTIVE MEASURES

Owing to the constant difficulty faced by the transgender community at large, Apex aims to resolve any hindrance at the workplace for their employees and to provide them with a comfortable working environment. We thereby aim at taking the following assistive measures ease our Transgender employees at the workplace-

5.1. The measures for safety undertaken to ensure the safety and security of employees will be extended to transgender and intersex employees to guarantee safety at workplace.

5.2. A neutral dress code shall be framed following the internal policies of Apex to aid transgender employees in their functioning at the workplace with ease and comfort.

5.3. A unisex washroom shall be made at the workplace for all transgender employees. Furthermore, Apex also permits transgender-males to access the men’s washroom and the transgender-females to access the women’s washroom.

5.4. Absolute privacy shall be provided to all transgender employees with respect to their identity i.e., they shall have the right to discuss their gender identity openly or to keep such information private. Furthermore, they shall also have the right to not disclose their identity on forms or other documents.

5.5. Without the consent of the transgender employee, no such information and/or document shall be provided to any person that may reveal their identity i.e., if the transgender employee wants to keep such information confidential, then all documents and/or information which may disclose such information shall only be share don a ‘need-to-know’ basis.

5.6. The transgender employee shall also have the right to decide the name and pronoun with shall correspond to such employee’s identity and no official document (such as a court order and/or an affidavit) shall be required in this regard.

6.    GRIEVANCE REDRESSAL

6.1. Apex shall designate a Grievance Redressal Officer (GRO) for looking into matters relating to harassment, discriminations and other complaints filed under this Policy.

6.2. An employee facing discrimination on the ground of his gender has the right to file a complaint in writing before the GRO at hrd@apexicindia.com in case faced with any incident related to any discrimination and/or harassment pertaining to gender. Such complaint has to be made within 30 days of the happening of the incident or, in case of a series of event, 30 days of happening of the last incident.

6.3. Apex shall further ensure that the complaint filed is dealt with in utmost confidentiality and that the details of the complainant are made available only on a ‘need-to-know’ basis and not otherwise.

6.4. The complaint shall be dealt with strictly by the GRO setup by Apex and the matter shall be thoroughly inquired upon.

6.5. The GRO shall issue a report of its findings within 15 days of receiving such complaint and shall share the same with Apex.

 

  • In case the accusations against the accused are recorded to be true, then the GRO may recommend Apex to take necessary disciplinary actions against the said employee, as enlisted hereinbelow.

  • In case the accusation against the accused is recorded to be false, then the GRO shall notify the same to Apex and may also send recommendation to not take any action in this regard.

  • However, if during the inquiry it is observed that the allegations levied are false and malicious, then the GRO may recommend Apex to take necessary disciplinary actions against the said employee, as enlisted hereinbelow.

  • The disciplinary action that may commensurate with the nature and gravity of the offence against the offender, shall include, but not be limited to-

    6.5.4.1. Warning- Apex may issue warnings as a part of the disciplinary action to an employee which shall not exceed more than 3 warnings altogether; and/or

    6.5.4.2. Written apology from offender- Apex may direct the offender to give an apology to the concerned person/ Apex where it may deem fit; and/or

    6.5.4.3. Costs- Apex may direct the offender to pay such costs as it may deem fit to Apex and/or the Complainant;

    6.5.4.4. Bond of good behavior- Apex may subject the offender to a check with respect to his conduct whereby the offender shall be liable to display good and proper conduct at workplace for a certain period of time after which Apex shall decide whether any further action needs to be taken or not; and/or

    6.5.4.5. Transfer- Apex may transfer such offender to a different department, a different branch with or within the state; and/or

    6.5.4.6. Debarring from supervisory duties- Apex may debar the offender from any and/or all supervisory duties and for such period as it may deem fit; and/or

    6.5.4.7. Denial of employee benefits like increments/promotion/salary correction etc.- Apex may deduct and/or deny to give the offender employee benefits like bonus, increment, promotion, etc

    6.5.4.8. Cancellation of specific work Assignment- Apex may suspend and/or withdraw an assignment assigned to the offender completely or for a period of time; and/or

    6.5.4.9. Suspension- Apex may suspend the employee for such period as it may deem fit; and/or

    6.5.4.10. Dismissal- Apex may dismiss the offender in case of grave and/or continuous offence and such offender shall not be recruited by any branch office of Apex at any position at all.

 

7.    NON- WAIVER OF STATUTORY RIGHTS

Nothing contained in this policy shall prejudice any right of any employee to prevent them for seeking any legal remedy under applicable law in relation to the discrimination and/or harassment at the workplace.

8.    DISPLAY OF THIS POLICY

8.1. Apex shall display this Policy on the Apex website as well as display the same conspicuously on the notice boards of each of its offices in English.

8.2. Each employee shall view and confirm to these policies upon joining and/or upon the same being enforced by Apex.