EQUAL OPPORTUNITIES POLICY
1. OBJECTIVE
1.1. Diversity has a direct bearing on the values of equality, equity, honesty, integrity,
openness and social responsibility. Underneat Clothing Private Limited (“Company”)
strives to ensure that these values are reflected in the culture of the organisation, by
treating everyone fairly, with respect, dignity and ensuring that each and every person
dealing with the Company is accorded equality in treatment and opportunity.
1.2. The Company seeks to take positive actions to ensure that equal opportunity in the
conduct of business activities without regard to gender, race, colour, religious identity,
national origin, sexual orientation, marital status, age or disability.
1.3. The Company does not tolerate any discrimination or harassment of employees
occurring at the Company. The Company, in its resolve to deter any form of
discrimination and harassment, is committed to taking the necessary steps towards
ensuring that its directors, employees, business partners, clients, third parties are not
subjected to any form of harassment or indignity by other directors, employees,
business partners, clients, third parties and shall take all steps necessary and
reasonable to assist the affected person in terms of support and preventive action.
1.4. Keeping in mind the objectives stated above and also the Company’s statutory duties,
the Company is adopting this Equal Opportunities Policy (“Policy”) which provides the
necessary directives to facilitate the integration of the above-mentioned values into
the Company’s day to day operations.
1.5. The guidelines in this Policy supplement the existing applicable policies of the
Company and should be read harmoniously along with any guidance published
pursuant to this Policy.
1.6. This Policy may be amended, modified or varied by the Company, as may be deemed
necessary in the interest of the Company.
2. SCOPE
2.1. The Policy shall apply to the Company and all its employees, directors,
representatives, agents contractors, vendors, interns, associates, customers, third
parties and business partners (“Company Personnel”). This Policy is deemed to be
incorporated in the conditions of service/ employment of all the Company Personnel.
2.2. The Policy is also applicable to the Company’s subsidiaries. Any reference to the term
“Company” in the Policy, shall be deemed to include a reference to the Company’s
subsidiaries as well and shall be read accordingly, unless the context provides
otherwise.
2.3. The Policy shall be effective from [•].
2.4. All the Company Personnel are expected to read, understand, and comply with the
Policy, both in letter and in spirit.
3. DEFINITIONS
3.1. “Disability”, with respect to a person, means a person with long term physical,
mental, intellectual, or sensory impairment which, in interaction with barriers, hindershis full and effective participation in society equally with others.
3.2. “Reasonable Accommodation” means necessary and appropriate modification and
adjustments, without imposing a disproportionate or undue burden in a particular
case, to ensure to persons with disabilities the enjoyment or exercise of rights equally
with others.
3.3. “Transgender”, with reference to a 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.
4. PROVISIONS – EQUAL OPPORTUNITY
4.1. The Company shall provide equal opportunities to all Company Personnel and to all
eligible applicants for employment/ engagement in the Company.
4.2. The Company and Company Personnel shall not unfairly discriminate on any ground,
including race, colour, religion, ethnicity, language, caste, creed, socio-economic
status, veteran status, nationality, economic condition, ancestry, pregnancy status,
sex, gender identity or expression, age, physical appearance, marital status, mental or
physical disability, dietary preference, political opinion (to the extent that the same do
not endanger any person’s life or result in the violation of any laws) or sexual
orientation or any other category protected by applicable law.
4.3. Company and Company Personnel shall ensure that there is no discrimination of any
form while recruiting, developing and promoting any Company Personnel, and all
decisions will be based solely on performance, merit, competence, qualifications and
potential.
4.4. The Company shall ensure that employees, irrespective of gender, shall be paid equal
remuneration for the same work or work of similar nature.
4.5. The Company shall not terminate any female employee’s employment with the
Company on account of that employee being pregnant or being on maternity leave.
The Company shall also not vary the terms of employment to the disadvantage of that
employee during the course of her pregnancy or maternity leave.
4.6. The Company is prohibited from employing any person under the age of 18.
4.7. The Company shall not employ any forced labour of any kind. The Company/
Company Personnel are prohibited from confiscating personal documents of other
Company Personnel and forcing them to work with/ for the Company. The Company
shall not force any Company Personnel to make any payment to secure employment/
services with the Company.
5. TRAINING & SENSITIZATION
5.1. This Policy will be available to all Company Personnel via the Company’s intranet
sites and normal communication medium. It shall also be conspicuously displayed at
the premises of the Company. Suitable material will be included in Company
publications, management conferences and supervisory training courses.
5.2. The Company shall regularly conduct sensitization events where Company Personnel
are educated about diversity and their obligations under the Policy. Such sensitization
events should engage with the under-represented groups in the Company and raise
awareness among the Company Personnel about the Company’s commitment to
diversity and aims to create an environment free from any form of discrimination.
5.3. The Company shall regularly monitor the systems in the Company to promote
diversity in the Company. The Company shall regularly review its policies, practices
and conditions to ensure that the systems of the Company do not lead to any form of
discrimination.
5.4. In order to promote such a culture of openness and diversity, the role of the Board of
Directors and the senior management of the Company to “set the tone at the top”
becomes very important. The Board of Directors and the senior management may do
the same by:
• Leading by example in establishing the Company’s values and cultures which will
create a positive expectation with the rest of the Company to conduct business in
a legally compliant and ethical manner;
• Sustained oversight to ensure that the senior management adheres to these
value;
• Making certain that the CEO and other senior management are highly visible in
championing the desired values and conduct;
• Mandatory training processes for all employees regarding the relevant law, code of
conduct and various applicable polices, concomitant with their role in the
Company;
• By confirming to Company Personnel that remuneration and career progression
will be effected by unacceptable behaviors and transgression;
• Uniform application of applicable policies to all Company Personnel and avoiding
any favouritism;
• Implementing a feedback system to ensure that the “tone at the top” is being
effectively communicated and that the “tone at the middle”, as well as throughout
the Company is consistent with the “tone at the top”; and
• Ensuring that adherence to policies and the Company’s culture and value is
rewarded (by factoring the same in performance appraisal of Company Personnel,
wherever applicable)
6. PROTECTION OF RIGHTS OF TRANSGENDER PERSONS
6.1. Information relating to a Transgender employee’s sex at birth is confidential medical
information. The Company shall ensure that such information is kept confidential and
not shared with anybody. Any disclosure of the same by any Company Personnel who
has access to such information, is a violation of a Transgender employee’s right to
privacy and may invite strict disciplinary actions against such disclosures.
6.2. The Company shall provide a safe working environment and ensure that no
Transgender person is discriminated in any matter relating to employment including
infrastructure adjustments, recruitment, employment benefits, promotion, career
development and training as those afforded to other employees.
6.3. All Company Personnel have the responsibility to comply with this Policy. Managers
and team members are positively encouraged to monitor the work environment to
ensure that it is free from discrimination and harassment and encourage inclusion and
respect for others. Any sort of discrimination or harassment of any kind of any
Transgender person is a criminal offense and is strictly prohibited.
6.4. [•] has been appointed as the Complaint Officer for dealing with issues/ complaints
relating to Transgender persons and their rights and Transgender persons may
contact the Complaint Officer if they have any complaints On receiving a complaint
regarding any discrimination or harassment, the Complaint Officer will enquire into the
complaints received within 15 (fifteen) days of receipt of the same. The Company will
then act on the inquiry report submitted by the Complaint Officer within 15 (fifteen)
days from the date of submission of the report.
7. VIOLATION OF THE POLICY
7.1. Company Personnel shall promptly report any violations of this Policy in the manner
as prescribed in this Policy. Any information provided is voluntary, will be kept
confidential, and will be used in accordance with applicable laws. Refusal to provide
information will not subject any Company Personnel or applicant to any adverse
treatment.
7.2. The Company shall ensure that it will in no way tolerate any form of intimidation,
interference, discrimination, retaliation against any person for making a complaint for a
violation of this Policy or against any person(s) cooperating with investigation of a
complaint.
7.3. Any violation of this Policy, any retaliation for raising concerns under this Policy, or any retaliation for assisting in an investigation regarding violations of this Policy may be
regarded as a serious breach and may result in disciplinary action, including
termination, consistent with applicable law and the Company Personnel’s terms of
employment/ contract with the Company.
8. CONFLICT OR INCONSISTENCY WITH LAWS
8.1. This Policy has been formulated with the purpose of supplementing, and not
substituting, applicable laws and to indicate the Company’s responsibilities under
applicable laws, including the Transgender Persons (Protection of Rights) Act, 2019
and the Rights of Persons with Disabilities Act, 2016 (and the rules thereunder). In the
event of any conflict on inconsistency of this Policy with any laws or regulation, the law
or regulation shall prevail to extent of such conflict or inconsistency. A higher standard
of compliance in the Policy as compared to an applicable law or regulation shall not be
considered as a conflict or inconsistency with the law.
