Anti-Sexual Harassment Policy

1. The Policy Statement

1.1. The Company is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work, including sexual harassment.

1.2. The Company will not tolerate any form of sexual harassment in the workplace. It shall treat all reported incidents seriously and promptly investigate all allegations of sexual harassment.

1.3. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment.

1.4. All complaints of sexual harassment will be taken seriously and treated with respect, in confidence, and managed without fear of retaliation.

2. Definition of sexual harassment

2.1. Sexual harassment is the unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.

2.2. Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:

2.2.1. Physical conduct

2.2.1.1. Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching

2.2.1.2. Physical violence, including sexual assault

2.2.1.3. The use of job-related threats or rewards to solicit sexual favors

2.2.2. Verbal conduct

2.2.2.1. Comments on a worker’s appearance, age, private life, etc.

2.2.2.2. Sexual comments, stories and jokes

2.2.2.3. Repeated and unwanted social invitations for dates or physical intimacy

2.2.2.4. Insults based on the sex of the worker

2.2.2.5. Sending sexually explicit messages (by phone or by email)

2.2.3. Non-verbal conduct

2.2.3.1. Display of sexually explicit or suggestive material

2.2.3.2. Sexually-suggestive gestures

2.2.3.3. Whistling

2.2.3.4. Leering or excessive staring at a person’s body

Note: The list presented herein are not exhaustive and exclusive and sexual harassment can include any conduct of a sexual nature which is unwanted and unwelcome by the recipient.

2.3. Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. The Company recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

2.4. The Company recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee.

2.5. Anyone, including employees of any of the Company’s subsidiaries, clients, customers, casual workers, contractors or visitors, who harasses another will be subject to the provisions of this internal policy.

3. Places or means where sexual harassment may take place

3.1. In the Company premises or workplace

3.2. In any place or venue during official business and hours, whether in or outside the Company premises, such as:

3.2.1. Official meetings, conferences, or training sessions

3.2.2. Company sponsored activities and social functions

3.2.3. Work-related assignments or trips, including travel to and from such places.

3.3. By means of phones, electronic mail or any other forms of communication.

4. Liability in a sexual harassment case

Any employee may be liable in a sexual harassment case if he:

4.1. Directly participates in the execution of any act of sexual harassment or if he induces or directs others to commit sexual harassment, as defined in section 2.2.

4.2. Cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished or through previous or simultaneous acts.

5. Complaints procedures

5.1. Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. The Company 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.

5.2. 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 Capital department, etc.

5.3. Throughout the complaints procedure, a victim is entitled to be helped by a counsellor within the company. The Company recognizes that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. The Company understands the need to support victims in making the complaint.

5.4. When a designated person receives a complaint of sexual harassment, he/she will:

5.4.1. Immediately record the dates, times and facts of the incident(s)

5.4.2. Interview the victim and the alleged harasser separately

5.4.3. Ascertain the views of the victim as to what outcome he/she wants

5.4.4. Ensure that the victim understands the company’s procedures for dealing with the complaint

5.4.5. Discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome

5.4.6. Respect the choice of the victim

5.4.7. Ensure that the victim knows that they can lodge the complaint outside of the company through the relevant country/legal framework

5.4.8. Give an opportunity to the alleged harasser to respond to the complaint

5.4.9. Ensure that the alleged harasser understands the complaints mechanism

5.4.10. Ensure that the person alleged to have committed the acts of sexual harassment shall not be unjustly and prematurely judged, and the complainant shall not be subject to further harassment, retribution and/ or retaliation.

5.4.11. Interview other relevant third parties separately

5.4.12. Decide whether or not the incident(s) of sexual harassment took place

5.4.13. If it cannot be determined that the harassment took place, he/she may still make recommendations to ensure proper functioning of the workplace

5.4.14. If the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e.- an apology, a change to working arrangements, a promotion if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal)

5.4.15. Facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter

5.4.16. Produce a report detailing the investigations, findings and any recommendations

5.4.17. Follow up to ensure that the recommendations are implemented, that the behavior has stopped, and that the victim is satisfied with the outcome

5.4.18. Ensure that the all records concerning the matter are kept confidential

5.4.19. Ensure that the process is done as quickly as possible and in any event within five (5) days of the complaint being made

Note: The wishes and needs of the victim will be incorporated into the outcome of the complaints mechanism. A victim harassed by a colleague that he/she works with on a daily basis should be consulted prior to making decisions involving office re-organization.

6. Formal complaints mechanism

6.1. If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter.

6.2. The designated person who initially received the complaint will refer the matter to the Human Capital Manager – Employee Relations to instigate a formal investigation. The Human Capital Manager may deal with the matter him/herself, refer the matter to an internal or external investigator or refer it to a committee in accordance with this policy.

7. Committee complaints mechanism

7.1. The Company shall form a Committee on Decorum and Investigation (the ‘Committee’) where complaints on sexual harassment may formally be filed. All major sites and the head office will form their respective committees and shall refer to the rules as prescribed in Annex A.

8. Outside complaints mechanisms

8.1. A person who has been subject to sexual harassment can also make a complaint outside of the company. They can do so through a dispute resolution in accordance with the provisions of the Settlement of Labor Dispute Law 2012, as amended.

9. Sanctions and disciplinary measures

9.1. 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:

9.1.1. verbal or written warning

9.1.2. adverse performance evaluation

9.1.3. transfer

9.1.4. demotion

9.1.5. suspension

9.1.6. dismissal

9.2. 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.

10. Implementation of this policy

10.1. The Company will ensure that this policy is widely disseminated to all relevant persons. The overview will be included in the staff handbook. All new employees must be trained on the content of this policy as part of their induction into the company. It is the responsibility of every manager to ensure that all his/her employees are aware of the policy.

11. Confidentiality

11.1. To the extent permitted by law, the confidentiality of all persons involved in a sexual harassment investigation or complaint must be observed, except insofar as information that needs to be disclosed, so that the Company may effectively investigate the matter or take corrective measures.

11.2. Investigations shall be conducted with particular care to preserve the confidentiality of all persons involved. Only those that should have the information, including but not limited to, the Committee, the complainant and the alleged harasser or retaliator, shall be provided with the identity of the complainant and the allegations.

11.3. The members of the Committee, all parties, witnesses, and all other persons involved in, or privy to, the investigation shall be advised of the necessity of confidentiality and that any breach of confidentiality shall be treated as misconduct subject to disciplinary action. External counsels are bound by the lawyer-client privilege.

12. False Claims

12.1. If after a thorough investigation, the investigator determines that the complainant intentionally fabricated allegations of sexual harassment or pursued a false complaint of sexual harassment, such shall be treated as a misconduct, subject to disciplinary action.

13. Supplementary Information

Annex A. Committee on Decorum and Investigation

1. Composition

1.1. The committee shall be composed of representatives from the following:

1.1.1. Representative from management level

1.1.2. Representative from the non-management level

1.1.3. Representative from the Human Capital department

Note: A member of the committee who complains of, or is charged of, or has very close relations with the complainant or respondent, shall immediately inhibit from participation and be replaced from the same representative group.

2. Criterial for selection of committee members

2.1. Reputable in terms of moral uprightness and impartiality

2.2. Adheres to the GRGI core values

2.3. Knowledge of applicable laws and company policies

3. Terms of office

3.1. Each member of the committee will have a tenure not exceeding three (3) years from the date of appointment.

3.2. The chairmanship shall be rotated every year and shall be determined by the committee members themselves.

3.3. Re-appointment of former members is allowed.

4. Functions

4.1. Receive complaints of sexual harassment that are filed in accordance with this policy.

4.2. Ensure that the person alleged to have committed the acts of sexual harassment shall not be unjustly and prematurely judged, and the complainant shall not be subject to further harassment, retribution and/ or retaliation.

4.3. Investigate the sexual harassment complaint based on the prescribed procedure.

4.4. Submit a report on the committee’s findings, including recommendation, to the Chief People Officer.

5. Submitting a complaint (Work Day 1)

5.1. The complainant shall submit to the committee a signed and sworn written statement providing the following:

5.1.1. The full name, address and position of the complainant

5.1.2. The full name, address and position of the respondent (or person being charged)

5.1.3. A brief statement of relevant facts.

5.1.4. Evidence in support of the complaint, as applicable.

5.2. The complainant shall be summoned by the committee to swear the truth of the allegation.

5.3. The withdrawal of the complaint at any stage of the proceedings shall not preclude the committee from proceeding with the investigation.

6. Committee action on the complaint (Work Days 2 to 4)

6.1. If the committee shall deem the complaint as sufficient in form and substance, the responded shall be summoned and given three (3) days from receipt of notice, to submit a sworn response to said complaint.

6.2. The failure of the responded to give his reply within the allotted time shall be construed as a waiver to present evidence in his behalf.

7. Respondent’s answer on the complaint

7.1. The answer of the respondent shall be in writing, contain material facts and applicable laws (e.g. documentary evidence, sworn statement by eyewitness

7.2. Failure of the respondent to file within the prescribed period, in the absence of a justifiable cause, shall be construed as a waiver to present evidence in behalf of the respondent. Thus, the case shall be resolved based on the evidence already presented to the committee.

8. Preventive suspension of respondent

8.1. Upon the recommendation of the committee, the Chief People Officer may order for the preventive suspension of the respondent.

9. Committee’s preliminary investigation (Work Days 5 to 10)

9.1. The committee shall conduct preliminary investigation within five (5) work days from receipt of complaint.

9.2. A copy of the committee’s investigation report shall be submitted to the Chief People Officer within five (5) work days, after the preliminary investigation.

9.3. The committee shall set the dates of the hearing

9.4. The parties and their respective witnesses, shall be notified of the scheduled hearings (time, date and place) at least three (3) days before the date thereof.

9.5. Either party may avail the services of a counsel. Questioned posed by the either counsel shall be coursed through the committee who shall have control over the proceedings.

9.6. The failure of the respondent to appear the hearing will be construed as having to waive of his right to be present and submit evidence in his favor during said hearing.

9.7. The investigation proceedings and hearings before the committee shall be recorded and kept under strict confidentiality.

9.8. Either party can be required by the committee to submit their memoranda within five (5) days from the hearing of the case.

10. Formal investigation report

10.1. The committee shall submit its recommendation to the Chief People Officer, within five (5) days after the conclusion of the hearing and investigation.

10.2. The recommendation shall be based on the severity of the offence which will refer to the Company Rules and Discipline.

11. Formal charge (Day 11 to 15)

If there is sufficient evidence proving guilt of the respondent, the Chief People Officer shall issue a formal charge document within five (5) days from receipt of the preliminary investigation report containing the following:

11.1. A specification of the charge

11.2. A brief statement of material and relevant facts, accompanied by certified true-copies of the documentary evidence, as applicable

11.3. Sworn statements covering the testimony of witnesses

11.4. A directive for respondent to answer the charge in writing and within five (5) days from the issuance of the formal charge

11.5. A notice that he would be entitled to a counsel, if required

11.6. The decision of the Chief People Officer, with the concurrence of the Chief Executive Officer, shall be deemed final and executory.

Anti-Sexual Harassment Policy Myanmar Version