GitLab India Private Limited Policy Against Sexual Harassment

Roles and Responsibilities

Role	Responsibility
GitLab India Private Ltd Team Members	Responsible for following the requirements in these policies
People Ops	Responsible for implementing and executing these policies
Legal & People Ops Management (Code Owners)	Responsible for approving significant changes and exceptions to these policies

POLICY AGAINST SEXUAL HARASSMENT

1.1 Introduction

GitLab India Private Limited (GitLab) is committed to providing a safe and healthy work environment for all its team members, and does not permit any form of sexual harassment in the workplace. GitLab and its team members have a shared responsibility in contributing to a respectful work environment. In accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (the ‘SH Act’), GitLab has provided a framework to specifically deal with acts of sexual harassment at work.

1.2 Scope

This policy is applicable to all ‘employees’ of GitLab, which for the purpose of this policy shall include all permanent and temporary team members (including during any probation period), interns, and also contract workers or vendors/consultants providing services for GitLab and the policy applies to any allegations of sexual harassment made against an ‘employee’, if the conduct occurred during the course of their work for GitLab.

Working remotely means that the majority of our interactions are by video call or written communication, such as email or shared documents, although there are exceptions to this, including customer meetings, company summits, attending conferences, and team meetups. This policy is applicable to all instances where individuals covered by this policy have occasion to interact on a work-related basis (e.g., in vehicles, third party premises, off-site meetings and public venues). GitLab will not tolerate any form of sexual harassment, if engaged in by its team members, customers or suppliers or any other business associates, if such conduct occurs whether in-person, or from any other place from which a team member may be working remotely.

1.3 Sexual Harassment

Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of sexual nature (whether directly or by implication).

Sexual harassment at the workplace includes:

• physical contact and advances; or
• a demand or request for sexual favours; or
• making sexually coloured remarks; or
• showing pornography; or
• any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The following circumstances, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:

• Implied or explicit promise of preferential treatment in employment; or
• Implied or explicit threat of detrimental treatment in employment; or
• Implied or explicit threat about present or future employment status; or
• Interference with work or creating intimidating or offensive or hostile working environment; or
• Humiliating treatment likely to affect health or safety.

It is unlawful to engage in sexual harassment, and sexual harassment in the workplace is prohibited whether it involves co-worker harassment, harassment by a manager, applicants for employment, temporary agency personnel and contractors, customers or vendors, or harassment by or of persons doing business with or for GitLab.

1.4 Process of dealing with Sexual Harassment complaints

Complaint Procedure for Sexual Harassment:

1 Internal Committee

GitLab will constitute a committee for redressal of sexual harassment complaints and for ensuring time bound treatment of such complaints (the ‘Internal Committee’) and the contact details for the committee members will be linked in the Handbook from the GitLab India Enity page. GitLab shall have the right and absolute discretion to remove or replace any member of the Internal Committee where necessary or appropriate.

Once established, the Internal Committee will be responsible for investigating every formal written complaint of sexual harassment, and making recommendations to GitLab on the actions to be taken against the respondent. This policy will be updated once the Internal Committee has been appointed, and the intended processes are set out below.

2 Procedures for Resolution, Settlement or Prosecution of Acts of Sexual Harassment

GitLab is committed to providing a supportive environment to resolve concerns of sexual harassment.

2.1 Complaints

Any individual who is a complainant of sexual harassment, may make a formal complaint by writing to the Internal Committee or by contacting the Presiding Officer or any member of the Internal Committee individually (contact details are set out in the Handbook). In certain special circumstances, where a complainant is unable to make the complaint, the Internal Committee may allow an authorized person to make the complaint in accordance with applicable law. The complaint must be in writing, and can be in the form of a letter or an email. The complainant is required to disclose their name and contact details, and where the complainant is a team member, the department and division they are working in, to enable the Internal Committee to contact the complainant and take the matter forward. Any supporting documents and the names and address of witnesses (if applicable) must also be submitted along with the complaint.

The complaint should be made within 3 months from the date of occurrence of the alleged incident and in case of a series of incidents, within a period of 3 months from the date of the last incident. The Internal Committee may, at its sole discretion, extend this time limit by up to 3 more months if it is satisfied that the circumstances were such which prevented the complainant from filing of the complaint within the period of 3 months.

2.2 Processing the Complaint

The Internal Committee will hold an initial meeting with the complainant, as soon as practicable, but not later than 10 working days from receipt of the complaint in any case. At this meeting, the Internal Committee shall hear the complainant, record their allegations and encourage them to submit any corroborative material with documentary proof, oral or written material etc. to substantiate the complaint.

The Internal Committee shall normally forward a copy of complaint to the respondent, within 10 working days from the initial meeting, or within such time-period as it may deem reasonable, and give them an opportunity to submit a written explanation if they so desire.

The respondent shall file their reply to the complaint along with their list of documents and names and addresses of witnesses within a period of ten working days from the date they receive a copy of the complaint from the Internal Committee or such other period that the Internal Committee may specify.

In the event the Internal Committee concludes that prima facie the complaint does not fall within the purview of Sexual Harassment, the Internal Committee will forward the complaint to the relevant GitLab team or department, or adjudicating body, that can look into the complaint.

2.3 Further action on the complaint

(a) Conciliation

The Internal Committee may, before initiating an inquiry and at the request of the complainant, take steps to settle the matter between the complainant and the respondent through conciliation, provided that no monetary settlement shall be made as a basis of conciliation.

Where a settlement has been arrived at under sub-clause (I) of this clause (a), the Internal Committee shall record the settlement so arrived at, and forward the same to GitLab to take action as specified in the recommendation.

Where a settlement is arrived at, no further inquiry shall be conducted by the Internal Committee.

(b) Inquiry into the Complaint

Where the complainant informs the Internal Committee that any term or condition of the settlement arrived at as part of the conciliatory proceedings has not been complied with by the respondent, or if the complainant does not request for conciliation, or if the conciliation process fails, and where the respondent is a team member, the Internal Committee would proceed to make an inquiry into the complaint in accordance with the provisions of this policy.

Quorum for the inquiry proceedings shall be 3 members of the Internal Committee including the Presiding Officer.

Both the respondent and the complainant (unless specifically exempted by the Internal Committee in writing) shall be required to attend every hearing, if so requested. If either party fails to attend two consecutive hearings without sufficient cause, the Internal Committee may terminate the inquiry or pass an ex parte order with 10 days’ notice.

While conducting the inquiry, the Internal Committee shall call upon such witnesses as it may deem appropriate, and provide a reasonable opportunity of being heard to both the complainant and the respondent.

On completion of the inquiry, the Internal Committee will prepare a report of its findings and recommendation for action to be taken by GitLab and submit the same to the VP of Team Member Relations.

2.4 Interim relief

During the course of the inquiry, on a written request being made by the complainant, the Internal Committee may recommend to GitLab to: (a) transfer the complainant to another department/division as deemed appropriate, or (b) transfer the respondent to another department/division as deemed appropriate, or (c) grant leave to the complainant up to a period of three months, or (d) restrain the respondent from reporting on the work performance of the complainant or writing the complainant’s appraisal/ confidential report(s). The Internal Committee may also recommend to GitLab to suspend the respondent during the pendency of the inquiry if the circumstances so merit.

2.5 Internal Committee’s Recommendation and Action by GitLab

In the event that the complaint is substantiated and the respondent is found to have engaged in sexual harassment, depending upon the gravity of the offence and without prejudice to any legal right(s), the Internal Committee may make any of the following recommendations of disciplinary action to be taken against the respondent:

• Direct the respondent to undergo training or counselling to address any specific issues.
• Direct the respondent to provide a written apology to the complainant clearly indicating that such behaviour will not be repeated and that no retaliatory steps will be taken by them or others on their behalf against the complainant. GitLab does not tolerate retaliation.
• Transfer the respondent.
• Give a verbal or written warning which will also be noted in the respondent’s record.
• Withhold increment or bonus (whether in full or part).
• Withhold promotion.
• Direct termination or suspension of employment of the respondent.
• Any other recommendations as it may deem fit.

The Internal Committee may also recommend to GitLab to deduct a compensatory sum from the salary of the respondent and pay it to the complainant or the respondent may be directed to pay the compensatory amount to the complainant.

In the event the Internal Committee comes to the conclusion that the complaint is not substantiated, GitLab shall not take any further action.

If the complainant desires to take criminal action against the respondent, there shall be no objection by the Internal Committee and GitLab. In such an event, GitLab will attempt to provide all reasonable assistance to the complainant. GitLab may also choose to take criminal action against the respondent.

2.6 Punishment for false or malicious complaint and false evidence

Where the Internal Committee arrives at a conclusion that the allegation against the respondent is malicious, or the complainant has made the complaint knowing it to be false, or the complainant has produced any forged or misleading document, it may recommend to GitLab to take action against the complainant. The Internal Committee may also recommend to GitLab to take appropriate disciplinary action when it arrives at a conclusion that any witness has given false evidence or produced any forged or misleading document. These recommendations to be made by the Internal Committee will be similar to the recommendations of disciplinary action to be taken against the respondent if the complaint against them is substantiated, as discussed in clause 2.5(a) of this section 1.4.

1.5 Confidentiality

GitLab understands that it is difficult for a complainant to come forward with a complaint of sexual harassment and recognizes the complainant’s interest in keeping the matter confidential.

To protect the interests of the complainant, the respondent, witnesses and others who may assist with the inquiry into a complaint of sexual harassment, confidentiality will be maintained throughout any investigatory process to the extent practicable and appropriate under the circumstances. The Internal Committee, GitLab, the complainant, the respondent and the witnesses would be bound to keep information relating to the inquiry process confidential.

The complainant, respondent, witnesses and members of the Internal Committee who are GitLab team members who breach the confidentiality of the inquiry process would be liable for an applicable fines or disciplinary action up to and including termination.

1.6 Protection against Retaliation

GitLab prohibits any form of retaliation against anyone who has raised a complaint of sexual harassment or has cooperated in any inquiry involving a complaint of sexual harassment.

Any individual who believes that they are experiencing retaliation, by way of intimidation, pressure to withdraw the case or threats for reporting, testifying or otherwise participating in the proceedings, should report this to the Internal Committee or following the reporting procedure set out in the GitLab Anti-Retaliation Policy. GitLab will then address the concerns raised. Any person who is found to be guilty of retaliation may be subject to appropriate disciplinary action up to and including termination. Anyone who abuses this procedure (for example, by maliciously putting an allegation knowing it to be untrue) would also be subject to disciplinary action up to and including termination.

1.7 Access to Reports and Documents

All records of sexual harassment complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by GitLab, except where disclosure is required under disciplinary or other remedial processes.

Current and Past Versions

A PDF of the current version of the policy will be made available here and if/when the policy is updated, PDFs of previous versions will also be made available for transparency.