I. Policies on Gender Equity
1. Personnel Policies 2003
II – 3. Human Resource Development (P.9-11)
MSSRF is committed to investing in capacity building and professional fulfillment of its staff both to give them the best the institution has to offer and to enable them to give their best. The various intellectual and professional benefits and advantages available to the staff may be grouped as follows:
a.Facilities, work climate and environment
b.Opportunities for professional growth
c.Opportunities for higher education
d.Recognition and non-monetary reward
e.Support Services for Staff equity
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Facilities, work climate and environment: These include, besides a pleasant, informal and gender-friendly atmosphere conducive to women, adequate facilities for productive work. The main base for a healthy and supportive work climate is the prevailing structure of participatory management, providing consultative procedures for decision-making regarding day-to-day work, programme planning and project management, at both the project and institutional levels, and availability of forums through which individuals and groups can contribute to management of work at each level. These forums also allow for individual and group needs to be expressed and addressed. These forums presently include the Project or Unit Planning Group, the Staff Council, the Programme Advisory and Academic Committee, the various functional Committees, the Staff Welfare Committee and general or open staff meetings.
- Opportunities for Professional growth:
- Opportunities for higher education:
- Recognition:
- Support Services for Staff Equity: Ways and means will be found to provide support services to attract, encourage, retain and develop
a) Women professionals at all levels, especially in the field, and
b)Skilled personnel working in difficult circumstances, especially in remote areas.
The former is important to maintain gender balance in the staff, which will strengthen and enrich the institution, and the latter to maintain and strengthen the quality of work.
In the existing social milieu in our country and with the present distribution of gender roles in family and society, women staff members often have special needs and have to face special difficulties. Similarly, many field staff working and living in remote areas experience special difficulties because of lack of services such as transportation, housing near place of work, basic facilities like electricity, and water supply, medical and educational facilities etc., as well as professional isolation and problems such as access to good library facilities etc.
Guidelines will be developed firstly to identify “difficult circumstances” more precisely and then to work out appropriate support services and procedures for each cases. These shall generally be of a non-monetary nature, though they will have financial implications for the institution. These procedures will be worked out in consultation with staff representatives, who will be encouraged to work out and propose innovative procedures (e.g. flexible timings and leave options). Flexibility is encouraged, so as to meet the demands of varied situations. These will be implemented after approval by the Executive Director and the Chairman.
From time to time, the needs of special categories of staff for such support services and non-monetary perquisites and the existing responses and patterns will be reviewed, with the help pf staff representatives and / or external consultants as necessary. After such periodical review, changed guidelines and norms may be developed and implemented after approval by the Executive Director and the Chairman.
III Recruitment (P-12)
MSSRF is an equal opportunity employer and encourages women professionals to apply. This sentence should be included in notices, circulars and advertisements regarding jobs.
2. Personnel Handbook 2007
Gender Code
1. Introduction:
The Gender Code is a consolidated statement of the guidelines and rules developed on the basis of the policy as regards gender in the Foundation as stated in the Personnel Policies (2003) as well as the decisions taken in October 2003 which are reflected in different sections of the Personnel Handbook (2006). The Gender Code has been approved by the Board of Trustees and will come into force from March 1, 2008.
2. Applicability:
The Gender Code shall be applicable to all categories of staff at the Foundation, including scholars, regular cadre and non-cadre staff, advisors, volunteers, research, and distinguished fellows and visiting scientists.
3. Communication:
The management shall have the Gender Code translated into all the languages of the States where the Foundation has a presence, such as Tamil, Telugu, Malayalam, Oriya, Hindi and Marathi, and made available to staff in those areas who prefer it in the local Indian language.
4. Purpose:
The purpose of the Gender Code is to develop and maintain gender equity within the Foundation at all levels, and hence is divided into three main parts according to the three defined levels. These relate to:
Part I - Equal Opportunities for Work (including Gender Discrimination/Victimization)
Part II - Gender-equal Workplace Amenities, Facilities and Support Services
Part III - Sexual Harassment at the Workplace
The Code is presented below in the three parts mentioned above. The mechanism for gender grievance redressal, as well as the purpose, objectives, composition and procedures relating to the Gender Equity Cell will be separately described in Part IV.
Part I Equal Opportunities for Work (including Gender Discrimination/ Victimization)
The term “equal opportunities” refers not only to
- Recruitment, but also to
- Opportunities for promotion, and other forms of advancement, as well as to
- Opportunities for professional growth through such activities as attending seminars, conferences and workshop, travel in work-related contexts, writing of books, monographs and papers, presentation of papers, participating in public events, development of resource and instructional materials, attending orientation and training courses and so on.
In all the cases, equal opportunities shall be provided to persons on the basis of merit, without regard to gender. Interviews shall be conducted in a gender-sensitive manner.
In the case of advertisement for recruitment, all advertisements shall contain a sentence to the effect that MSSRF is an equal opportunity employer and that women are encouraged to apply. The same applies to opportunities for advancement and professional growth.
Grievance Redressal
In case any woman staff member feels she has been denied opportunity in any of the above instances, she may complain directly to the ED in the manner indicated in Part III. The ED shall scrutinize all such complaints and ensure that the policies are followed. The ED shall also keep the Gender Equity Cell informed about such complaints and the action taken.
Part II Gender-sensitive Workplace Amenities, Facilities and Support Services
Keeping in mind the disadvantaged position of women in society in India, and the additional responsibility of reproductive work, which is borne almost entirely by women, it is necessary for every institution to provide certain facilities, amenities and support services for women workers in the work place and to support their working lives. In other words, these arrangements are based on the principle that “to make the unequal equal, unequal support has to be provided.”
These services are of two kinds:
- Those which are essential, equally applicable to all, and where common standards can be laid down, and
- Those, which have to be adapted to the context and where varying arrangements and practices are required to meet different needs in different situations.
These will hence be described under two heads: a) mandatory, where rules are laid down and b) as needed, where only guidelines are indicated for services.
A. Mandatory
i) Toilets
In all premises occupied by MSSRF for the purpose of work, whether rented or owned, toilets shall be compulsorily provided for the use of staff, as well as others, such as members of the community and other visitors. They shall be clearly designated by the use of labels as being intended for the exclusive use of men/women, and adequate in number in relation to the number of expected users. Toilets designated for the use of women should be appropriately equipped.
In very small centres, a single toilet may be acceptable if it is impossible to provide a second one. In such a case, the toilet should be provided with a door securely lockable from the inside to prevent invasion of privacy. If the toilet is outdoors, and is not a pucca construction, it should be ensured that the walls and roof are of sufficient height and suitable materials to protect privacy, and a lockable door should be provided.
Similar separate toilet facilities should be provided to members of the community or labour engaged to work in gardens, experimental fields, bio-parks and other open-air activities of the Foundation.
Providing toilets and maintaining them in clean and usable condition shall be the responsibility of the person in charge of the management of that centre/unit.
Whenever labour is engaged for the purposes of construction of buildings for MSSRF, it should be ensured that appropriate and sufficient toilets for both men and women are provided by the builder/contractor as per the rules laid down in the Construction Workers Act 1996 or similar Acts in force in each State, and this should be done before the labour is brought to the site for work.
To the extent possible, toilets on MSSRF premises, particularly in field sites, should be low-cost, made of locally acceptable materials, and act as demonstrations of eco-technology.
ii) Maternity Leave: Already provided for in Personnel Rules
B. As Needed
The special gender needs of women staff mostly relates to issues of
a) Safety and security
b) Timings
c) Transport
d) Accommodation in the field
e) Accommodation for overnight stays at work sites, and for
f) Child care facilities through child-friendly workplaces.
Most of these issues also generally become more important in the field rather than at HQ.
5. Guidelines
- Flexible management solutions will be developed to deal with the special gender needs of women staff, especially in the field.
- All such issues have to be dealt with on a case-by-case basis, based on local situations, needs and resources and adapted to the geographical and social context.
- Context-specific and flexible non-monetary solutions have to be developed in each case by informal discussions in a participatory and transparent manner in the appropriate forums.
- The appropriate forum will at the first level be the staff meeting of the concerned field site or unit. The local site or project in-charge will send the proposal thus developed to the Executive Director and implement it after approval.
- They will be non-monetary in the sense that no extra allowances or financial support shall be given to staff, though some expenditure may be involved, which should be duly included in the budget of that centre/unit. Available funds should be drawn upon to meet these expenses.
- Such services/facilities will be offered to all those on the same site with similar problems.
- These services/facilities will continue only as long as needed.
- The solutions evolved may then be shared with the larger forums such as the Staff Council, the Staff Welfare Committee, project level meetings, Programme Area level meetings and so on, and if found relevant and useful, adopted by other sites also.
Some illustrative examples, which have been tried out in the field, are given below.
Examples:
1.Employment
a) In all advertisement for field jobs, support services available for women must be mentioned especially if non-local candidates are expected to apply.
b) Where the work involves travel to remote areas or places with limited transport, two staff members at lower level may be employed instead of one at higher level. Eg., two animators or two local volunteers instead of one Project Associate, provided the work could be satisfactorily carried out in that way. The needed adjustments in the project proposal and budget must be made and approved.
c) The services of local animators, volunteers or paraprofessionals may be used on payment of honoraria and/or expenses, either independently or as partners to women staff for short periods
2. Timings
a) Permission to start the day late where late evening or night stay at work site is required, and permission to go home early or take half day off when night stay is required at work site may be granted
b) Flexible timings – already provided in rules
3. Accommodation: Providing assistance to single women staff in locating suitable accommodation. Arranging for women staff to stay overnight in villages at the home of a member of the community. Care should be taken to avoid getting involved in groupism, politics and factionalism, not to offend any community or social group, not to create expectations of special privileges or rewards, and to rotate the families concerned to avoid difficulties such as the above.
4. Transport: Two-wheelers may be made available for women staff, wherever the terrain and roads permit
5. Safety and security: Providing security to women staff when they have to travel alone in the late evening or after dark by providing office vehicle, if any, or escort by other male members of staff or by arranging group travel
6. Child care:
a) Providing child-friendly work place when needed for parents (either male of female) for short periods e.g. attending conferences, meetings, workshops and/or during other domestic emergency. This involves providing a safe, clean and separate space with some basic facilities such as drinking water, toilet, a bed and access to open space where the child and the caregiver may stay during the working day. The parent is expected to bring the caregiver and child at her/his own expense, as well as to provide food for both. If night stay is required, (as in conferences and meetings) accommodation with bedding will be provided free for both child and caregiver. Such facilities are encouraged for breastfeeding mothers especially.
b) All childcare related facilities are strictly restricted to children below the age of six, or below the age of school entry, whichever is less in that State.
c) Children above the age of six may be brought only with special permission for short periods in emergency. Wherever there is an ECAS centre, children of staff aged 6-14 years may be enrolled on the same terms as other children in the community.
7. Paternity Leave: Already provided for in Personnel Rules
Note: The Foundation may not be in a position to set up and run full crèche services for all children below six of staff, (male or female) due to the small numbers of such children at any given time, as well as reasons such as long distances and difficult travel between residences and workplace, which makes the majority of parents prefer child care services, formal or informal, nearer to the residence. If there are more than five children, however, the proposal can be considered, with financial and managerial support from the Staff Welfare Committee and the concerned parents.
Grievance Redressal
For complaints related to the mandatory provisions, address the complaint directly to the ED as indicated in Part III. For other problems and issues, address the Gender Equity Cell ( Part IV )
Part III Sexual Harassment in the Workplace
Gender equality, which is guaranteed by the Constitution (Arts 14, 19 and 21,) as well as 19(1)(g) includes protection from sexual harassment and women’s right to work with dignity. Hence the Foundation is committed to preventing sexual harassment and protecting women’s right to work. The following rules are based on the Supreme Court guidelines issued in the case of Visakha v. State of Rajasthan in August 1997 as well as the Code of Conduct for institutions subsequently developed by the National Women’s Commission based on these guidelines.
Definition
Sexual harassment includes all unwelcome sexually determined behaviour, whether physical, verbal or non-verbal, directly or by implication, by a male person or a group of the male sex towards a woman or women. It is also discrimination/victimization when the behaviour comes from a person who has a higher or more powerful position in the hierarchy and may therefore lead to a perception on the part of the woman that adverse consequences would follow if she resisted or complained; while if it from those of equal status she may be in a better position to protect herself. In either case it is an offence.
Sexual harassment includes such behaviour as
- Verbal – unpleasant or suggestive remarks, personal comments, jokes causing embarrassment, innuendos and taunts, sexist remarks (gender-based insults) and offensive telephone calls
- Offensive or lewd gestures and actions
- Requests or demands for sexual favours
- Showing pornography or offensive pictures or written material
- Physical contact such as touching or brushing against any part of the body
- Forcible physical contact or advances amounting to molestation
- Physical confinement against one’s will; and
- Any act by a person in authority belonging to the male sex towards a woman worker, which may create the apprehension in her of denial of opportunity, or hostile work environment, or intimidation, purely on grounds of sex.
Grievance Redressal
Any aggrieved woman worker has the right to make a complaint of sexual harassment. This should be done as soon as possible after the alleged harassment. A written complaint containing all the relevant information should be addressed to the Executive Director and submitted in a sealed cover marked “CONFIDENTIAL”. Alternatively she may seek the advice of any member of the Gender Equity Cell, which may either deal with it by informal means or advise her to send in a complaint, if they consider the complaint to be of a serious nature. The members of the Gender Equity Cell shall be advised and counseled to keep all such matters confidential.
Complaints Procedure
1. The ED will study the complaint, and if he/she considers it to be of a serious nature, immediately set up an Enquiry Committee to investigate the case. Otherwise, he may refer it to the Gender Equity Cell
2. The Enquiry Committee shall, in all such cases, consist of an odd number of persons; either three or five, of whom more than half shall be women. The Chair of the Committee shall in all cases be a woman. At least one member of the Committee shall be a third party from outside the Foundation, either from any other non-governmental organization or any reputable person with sufficient experience, expertise and familiarity with the issue.
3. The Committee shall determine its own procedure and hold as many sittings as it considers necessary, provided that the final report is submitted within three months of the setting up of the Committee
4. The Committee may call the complainant first, after which a copy of the complaint shall be given to the alleged perpetrator(s)
5. During the investigation, the Committee may call any person as witness and also ask for any relevant documents, which shall be supplied.
6. The defendant(s) shall also be given full opportunity to defend himself/themselves.
7. All the proceedings of the Committee shall be completely confidential, and no member of the staff at any level other than the witnesses shall participate.
8. All the witnesses, including the complainant, the defendant and all other witnesses shall be sworn to secrecy about the proceedings, and serious penalties will be imposed if this oath is broken.
9. At no time during the proceedings shall the complainant and defendant(s) be brought face to face.
10. The Foundation shall provide full administrative support to the Committee, including arrangements for conveyance and travel, as needed, meet all the expenses in connection with the sittings, including secretarial assistance, and offer a sitting fee to the members.
11. The Foundation shall protect the complainant and the witnesses during the period of enquiry. During this period, the complainant may seek transfer either for herself or for the alleged perpetrator. This may also be done at the discretion of the ED in the interests of protection of the complainant The ED may also suspend the alleged perpetrator(s) for the duration of the enquiry, if considered necessary. In such cases, the usual rules regarding salary, travel and DA related to suspension shall apply.
12. All the proceedings of the Committee shall be recorded in writing, and the statements of witnesses may be shown to the concerned persons In addition, audio-recordings of the proceedings may be kept for reference.
Outcome and Penalty
1. At the end of the enquiry, the Committee shall submit a full report in writing to the ED with reasons for its conclusions, as to the guilt or otherwise of the defendant(s), as well as submit the written records of proceedings.
2. The ED shall have the power to determine the penalty and to impose it as well as to consult with a legal adviser before imposing it, if he/she so desires. The penalty suggested shall be appropriate to the seriousness of the offence, and may range from written censure through a range of penalties such as loss of increment up to outright dismissal or relief from service.
3. After the penalty is imposed, the perpetrator has the right to appeal to the Chairman within two weeks, before the order takes effect.
4. The ED shall have the power to decide at this stage whether the identity of the offender, the nature of the allegation, the outcome of the enquiry and the penalty shall be made public to all the staff of the Foundation, or not.
5. Nothing in the above rules shall prevent any person, from seeking legal remedy under the National Commission for Women Act 1990, or the Protection of Human Rights Act 1993, or any other law currently in force since, this is a Constitutional right.
6. Every year, a report of all cases of sexual harassment, the manner in which they have been dealt with, and the outcomes including the penalties imposed, shall be submitted to the Board of Trustees.
Part IV Gender Equity Cell
A Gender Equity Cell shall be set up by the Director to promote gender equity within the Foundation in a proactive and positive manner.
Purpose and Objective
i. To promote gender equity and healthy gender relationships among all members of The staff, and prevent gender discrimination and sexual harassment.
ii. To promote awareness and sensitize staff about gender equity in general and the Foundation’s Gender Code in particular through lectures, orientations, workshops, Films, group discussions and trainings
iii. To give wide publicity to the Gender Code by ensuring that copies are distributed to all members of staff, by placing it on the web-site, as well as distributing additional materials such as pamphlets, posters and charts, and audio-visual materials including film.
iv. To deal with difficulties and problems relating to gender equity brought up by staff, or through referral by the ED, through counseling, and informal discussions.
v. To raise issues and encourage others to raise issues for discussion in all the staff forums and promote discussion about any perception that rules and provisions need to be changed.
vi. To develop revised rules and procedures regarding gender equity from time to time, in consultation with other staff through the various staff forums, and submit the proposals in writing to the ED for approval.
vii. To screen complaints of gender discrimination or sexual harassment brought to it From time to time by members of the staff, and take a decision whether to deal with it by informal means or advice the complainant to submit the complaint to the ED by the procedure already indicated in Part III. Such decision shall remain confidential.
Composition
i. The Cell shall consist of not less than three and not more than seven members of staff drawn from all levels, with a majority of women, and shall be headed by a woman.
ii. The members shall be appointed by the Executive Director for a term of two years which may be renewed for one more term at the most.
iii. The Cell shall meet as needed but not less than three times a year.
Activities and Procedure:
1. The Cell shall develop its own procedures, but minutes of all meetings shall be maintained, as well as records of all activities organized by the Cell.
2. The Cell shall suitably publicize within the Foundation the names and telephone numbers of all members of the Cell, as well as changes in these when needed.
3. Resource Persons may be invited to lead or participate in sensitization activities, including doctors, lawyers and counselors and a panel of names of such Resource Persons shall be maintained by the Cell.
4. The activities of the Cell shall be funded, where there are financial implications, from the Staff Welfare Fund, additional contributions from staff members and from other sources as decided by the Cell from time to time, with the permission of the ED.
5. Whenever any member of the Cell receives a complaint of sexual harassment, oral or written, from a staff member, the person should immediately provide initial support, consultation and counsel to the complainant. A full meeting of the Cell should be convened immediately to decide whether to forward the complaint to the Executive Director for a formal enquiry, or whether to take action themselves through counseling and informal discussion. The decisions of such meetings shall be kept confidential, especially if is decided that the matter is serious and should be forwarded to the ED for further action.
6. The Cell shall submit an annual report of its activities every year to the ED.
II-GENDER PATTERN AMONG STAFF 2007 - 2008: Click Here
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