Policy

Policy

Nature of duties
You will perform to the best of your ability all the duties as are inherent in your post and such additional duties as the company may call upon you to perform, from time to time. Your specific duties are set out in Schedule II hereto.

Company property
You will always maintain in good condition Company property, which may be entrusted to you for official use during the course of your employment and shall return all such property to the Company prior to the relinquishment of your charge, failing which the cost of the same will be recovered from you by the Company.

Borrowing/accepting gifts
You will not borrow or accept any money, gift, reward or compensation for your personal gains from or otherwise place yourself under pecuniary obligation to any person/client with whom you may be having official dealings.

Termination
Your appointment can be terminated by the Company, without any reason, by giving you not less than 1 months’prior notice in writing or salary in lieu thereof. For the purpose of this clause, salary shall mean the basic salary.
You may terminate your employment with the Company, without any cause, by giving no less than 3 months’prior notice or salary for the unsaved period, left after adjustment of pending leaves, as on date.
The Company reserves the right to terminate your employment summarily without any notice period or termination payment if it has reasonable ground to believe you are guilty of misconduct or negligence, or have committed any fundamental breach of contract or caused any loss to the Company.
On the termination of your employment for whatever reason, you will return to the Company all property; documents and paper, both original and copies thereof, including any samples, literature, contracts, records, lists, drawings, blueprints, letters, notes, data and the like; and Confidential Information, in your possession or under your control relating to your employment or to clients’business affairs.

Confidential Information
During your employment with the Company, you will devote your whole time, attention and skill to the best of your ability for its business. You shall not, directly or indirectly, engage or associate yourself with, be connected with, concerned, employed or engaged in any other business or activities or any other post or work part-time or pursue any course of study whatsoever, without the prior permission of the Company.
You must always maintain the highest degree of confidentiality and keep as confidential the records, documents and other Confidential Information relating to the business of the Company which may be known to you or confided in you by any means and you will use such records, documents and information only in a duly authorized manner in the interest of the Company. For the purposes of this clause ‘Confidential Information’ means information about the Company’s business and that of its customers which is not available to the general public and which may be learned by you in the course of your employment. This includes, but is not limited to, information relating to the organization, its customer lists, employment policies, personnel, and information about the Company’s products, processes including ideas, concepts, projections, technology, manuals, drawings, designs, specifications, and all papers, resumes, records and other documents containing such Confidential Information.
At no time, will you remove any Confidential Information from the office without permission.
Your duty to safeguard and not disclose Confidential Information will survive the expiration or termination of this Agreement and/or your employment with the Company for a period of 5 years.
Breach of the conditions of this clause will render you liable to summary dismissal under clause above in addition to any other remedy the Company may have against you in law.

Notices
Notices may be given by you to the Company at its registered office address. Notices may be given by the Company to you at the address intimated by you in the official records.

Applicability of Company Policy
The Company shall be entitled to make policy declarations from time to time pertaining to matters like leave entitlement, maternity leave, employees benefits, working hours, transfer policies, etc., and may alter the same from time to time at its sole discretion. All such policy decisions of the Company shall be binding on you and shall override this Agreement to that extent.

Governing Law/Jurisdiction
Your employment with the Company is subject to Indian laws. All disputes shall be subject to the jurisdiction of Mumbai High Court, Maharashtra, India only.
Sexual Harassment Policy,
ISF Informatica & Analytica Pvt. Ltd. is committed to providing for a safe working environment for all employees, free from any gender discrimination and harassment at work and which shall include safety from any person coming into contact at the workplace.

ISF Informatica & Analytica Pvt. Ltd. will operate a zero-tolerance policy for any form of sexual harassment at the workplace. The company ensures to treat all complains seriously and promptly investigate any such incidents or allegations of harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including the dismissal of the employee found guilty.

DEFINITION OF SEXUAL HARASSMENT
This is an Act to provide protection against sexual harassment at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:
  1. Physical contact and advances;
  2. A demand or request for sexual favours;
  3. Sexually colored remarks;
  4. Showing pornography;
  5. Any other unwelcome physical verbal or non-verbal conduct of sexual nature.
  6. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:
Physical conduct
  1. Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, Fondling, or inappropriate touching
  2. Physical violence, including sexual assault
  3. Physical contact, e.g. touching, pinching
  4. The use of job-related threats or rewards to solicit sexual favors
Verbal conduct
  1. Comments on a worker’s appearance, age, private life, etc.
  2. Sexual comments, stories and jokes
  3. Sexual advances
  4. Repeated and unwanted social invitations for dates or physical intimacy
  5. Insults based on the sex of the worker
  6. Condescending or paternalistic remarks
  7. Sending sexually explicit messages (by phone or by email)
Non-verbal conduct
  1. Display of sexually explicit or suggestive material
  2. Sexually-suggestive gestures
  3. Whistling
  4. Leering
EMPLOYER’S OBLIGATIONS
  1. provide a safe working environment
  2. display conspicuously at the workplace, the penal consequences of indulging in acts that may constitute sexual harassment and the composition of the Internal Complaints Committee
  3. organize awareness programs and an Internal Complaints Committee to report incidents to the superiors Treat sexual harassment as a misconduct under the service rules and initiate action for misconduct.
The employer is also required to monitor the timely submission of reports by the company’s reporting committee or other employees

The designated person will:
  1. give an opportunity to the alleged harasser to respond to the complaint
  2. ensure that the alleged harasser understands the complaints mechanism
  3. facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refers the matter to a designated mediator within the company to resolve the matter ensure that a confidential record is kept of what happens
  4. follow up after the outcome of the complaints mechanism to ensure that the behavior has stopped ensure that the above is done speedily and within 15 days of the complaint being made
Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. ISF recognizes that sexual harassment may also occur between people of the same sex. What matters is that sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

All sexual harassment is prohibited whether it takes place within ISF Analytica & Informatica Pvt. Ltd. premises or outside, including at social events, business trips, training sessions or conferences sponsored by the company.

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. ISF Informatica & Analytica Pvt. Ltd. recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated staff members responsible for receiving complaints of sexual harassment. This person could be another supervisor, a member of the human resources department, etc.

PROCEDURE FOR FILING A COMPLAINT
A complaint by the aggrieved person/ any person who has observed such behavior or harassment must be made within a period of three months from the date of occurrence of the incident. Complaints may be accepted beyond such period on reasonable grounds.
The complaint can be made in writing, by word or through an e-mail by the aggrieved person. A complaint may also be filed by the employee’s relative, friend, co-worker or any person having knowledge of the incident with the consent of the aggrieved person.

SANCTIONS AND DISCIPLINARY MEASURES
Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:
  1. verbal or written warning
  2. adverse performance evaluation
  3. reduction in wages
  4. transfer
  5. demotion
  6. suspension
  7. dismissal
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.

MONITORING AND EVALUATION
ISF Informatica & Analytica Pvt. Ltd. recognizes the importance of monitoring this sexual harassment policy and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective.
Supervisors, managers and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes needed.
Mobile Usage Policy
This policy applies to all our interns as well as employees. Our company expects employees to use their cell-phones prudently during working hours. This policy outlines the use of personal cell phones at work. While at work, employees are expected to exercise discretion in using personal cellular phones.
Excessive personal calls during the workday, regardless of the phone used, can interfere with employee productivity and be distracting to others. A reasonable standard the company encourages is to limit personal calls during work time to no more than once per day as needed. Employees are therefore asked to make any other personal calls to a non-work time where possible and to ensure that friends and family members are aware of the company’s policy.

We advise our employees to:
  1. Surf the internet, text and talk on the phone only for a few minutes per day.
  2. Answer calls only when urgent or during breaks.
  3. Turn off or silence their phones when asked.
  4. To preferably keep all mobile phones on vibration mode or low volumes during working hours
We Prohibit employees from:
  1. Play games on the cell phone during working hours.
  2. Use their cell phone’s camera or microphone to record confidential information.
  3. Speak on their phones within earshot of colleagues’ working space during working hours.
  4. Download or upload inappropriate, illegal or obscene material on a company cell phone using a corporate internet connection.
Disciplinary Consequences
Our company retains the right to monitor employees for excessive or inappropriate use of their cell phones. If an employee’s phone usage causes a decline in productivity or interferes with our operations, we’ll ban that employee from using their cell phones.
Employees may face severe disciplinary action up to and including termination, in cases when they:
  1. Cause a security breach.
  2. Violate our confidentiality policy.
  3. Cause an accident by recklessly using their phones.
How many leaves should be applicable in a company?
Numbers of leaves entitlement in a company depends upon the state you are in. Every state has different leave entitlement and leaves policies which should be seen before one defines leave policy of your company. Leave policy of a company cannot be less than that mentioned by the State’s shop and establishment act.
Generally, all State Legislations has common provision for major matters. They provide at least seven holidays for national and other festivals. Republic Day, Independence Day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide the remaining national and festival holidays.
Similarly, minimum seven days casual leave and 14 days sick leave are provided to employees.

In nutshell –
  1. You are entitled to casual leave of 7 days.
  2. You are entitled to 14 working days of paid sick leave.
  3. The Company shall notify a list of declared holidays in the beginning of each year.
Earned leaves/ Privilege leaves
These are the leaves which are earned in the previous year and enjoyed in the preceding years. These are also known as privilege leave this can be carry forward for the quantum up to a total of three years and vary from state to state as per the shop & establishment act. These are en-cashable on basic salary to the employee. the condition for taking these leaves usually differ from company to company but normally in advance at least 15 days. this can be clubbed with sick leave if sick leave is not balance with the employee.

Casual leaves
These leave are granted for certain unforeseen situation or where you are required to go for one or two days leaves. In case of casual leave normally the company’s strict maximum to 3 days in a month. In this case, either the person has to take permission in advance or has to be regulated on joining. this leave is normally never clubbed with Privilege leave, but it can be clubbed with sick leave if there is is no sick leave balance. Again, quantum varies from state to state as per shop & establishment act, normally this leave is not en-cashable or never carried forward. these days to attract people or to reduce absenteeism at the end of the year the balance Casual leave is converted to PL in the leave account.

Leave Without Pay
If a person does have any leave to his balance and the situation warrants him to take the leave, the leave is granted by the Company as loss of pay or which may be adjusted against the future leave or as a special case the special paid leave based on the personal contribution to the Company at management discretion.

Compensatory Off
These leave are granted if the person comes on work during the holidays, normally compensated as leave to be taken or as an en-cashable option.


Leaves can be broadly divided based on its applicability to establishments covered under the Factories Act and the Shops and Establishments Act. Leave is calculated for the calendar year January to December.

Leave in Establishments Covered Under the Factories Act
Leaves as per Factories Act applies to all Management Staff, Executives, Supervisors, workers and contract workers as all of them fall under the definition of ‘worker’ under the Factories Act.

Other Provisions
  1. If the Employee has quit or has been terminated, his earned leave balance should be paid to the employee and in case of death, to the nominee, within 2 days.
  2. Any worker who has applied for leave and has not been granted the same, such refused leave shall be carried forward without any limit.
  3. Leave can be calculated on Basic wages and DA.
  4. Leave book & Leave Register to be maintained for each worker
Leave in Establishments Covered Under the Shops & Establishments Act
Shops and Establishments Act provides for provisions of leave for the employees. The said Act is framed by each State on its own and therefore would be different in its provisions. Therefore, a table has been designed to collate provisions of leave as applicable to each State separately.

BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948