Gear Inc. strives to create and maintain a safe environment for all employees, free from discrimination on any grounds and harassment at work, including sexual harassment. Gear Inc will not accept any form of sexual harassment in the workplace, treat all incidents seriously, and promptly investigate all allegations of sexual harassment. All staff are expected to refrain from any behavior that constitutes sexual harassment, promote a culture of mutual respect at the workplace, and maintain confidentiality concerning any complaint or investigation of sexual harassment of which he/she is aware.

This policy applies to all employees of Gear Inc at all locations. All employees, regardless of position, will be subject to discipline, including verbal or written reprimand, suspension, or termination of employment, for any violation of this policy. Employees are prohibited from harassing others both on and off the employer’s premises and during or outside of work hours. Managers and supervisors who knowingly allow or tolerate discrimination, harassment, or retaliation, including the failure to immediately report such misconduct to human resources (HR), violate this policy and are subject to discipline.

All complaints of sexual harassment will be taken seriously and treated with respect and confidence. No one will be victimized for making such a complaint.

According to Article 84 of Decree 145/2020/ND-CP, “Sexual harassment in the workplace” is unwelcome behavior of a sexual nature that is defined as any behavior of a sexual nature that affects the dignity of women and men, which is considered as unwanted, unacceptable, inappropriate and offensive to the recipient, and that creates an intimidating, hostile, unstable or offensive work environment.

The term “workplace” refers not only to the specific location where work is being performed, such as an office or factory but also to locations where work-related the business may be conducted. These could include, but are not limited to:

– Work-related social activities, such as a reception organized by the enterprise for staff or clients, etc.;

– Conferences and training sessions;

– Official business travel;

– Business meals;

– Work-related telephone conversations;

– Work-related communications through electronic media;

– A place of residence provided by the employer and other places provided by the employer.

Sexual harassment in the workplace can be physical, verbal or non-verbal, and include the major forms as follows:

– Physical: any unwanted sexual contact, actions or gestures, ranging from intentionally sexual touching, caressing, pinching, hugging or kissing to sexual assault or rape.

– Verbal: socially and culturally inappropriate and unwelcome comments with sexual overtones such as sexually suggestive jokes or comments about a person’s dress or body, made in their presence or directed toward them. They also include persistent and unwelcome proposals, requests or personal invitations to go out.

– Non-verbal: unwelcome gestures, suggestive body language, indecent exposure, lascivious looks, repeated winks, and gestures with fingers. It also includes the unwelcome display of pornographic materials, sexually explicit pictures and objects, screen savers or posters as well as sexually explicit emails, notes or SMS messages.

Anyone can be a victim of sexual harassment, regardless of their sex and 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.

A. Guiding Principles

– Confidentiality:

All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation. During and after the investigation, the company is willing to actively listen to and support the complainants to make them feel secure when working. All information pertaining to a complaint or investigation under this policy will be maintained in secure files within the HR department.

– Mutual Respect:

All staff in SGS are expected to promote a culture of mutual respect at the workplace and carry the same standards throughout any proceedings initiated under this Policy.

B. Complaints Procedures

– Anyone who witnesses or becomes aware of potential instances of sexual harassment, if possible, informs the alleged harasser that the conduct is unwanted and unwelcome.

– If the inappropriate conduct does not cease, or if the employee is unable to or uncomfortable with addressing the alleged harasser directly, he or she should report verbally or in writing the incident to the intermediate manager or the next level managers to staff within the HR department.

– It is helpful, but not required, to provide a record of the date, time, and nature of the incident(s) and any evidence or the names of any witnesses. Reports of sexual harassment may be made as soon as possible, verbally or in writing with evidence (if any).

– The company keeps all information about harassers, witnesses, and accusers confidential.

– It is essential to report all concerns of sexual harassment or inappropriate sexual conduct to HR or a manager as soon as possible.

C. Responding Procedures for Managers and HR Officers

– Managers must deal expeditiously and fairly when they have any knowledge of sexual harassment within their departments, whether or not there has been a written or formal complaint.

– Upon receipt of a complaint, the manager and the HR department must conduct an immediate review of the allegations, and report all information to the CEOs and the HR officer in charge or take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate.

– The manager(s) and the HR officer will:

Immediately record the date(s), times, location(s) and facts of the incident(s)

Collect all relevant information, including the names of other individuals who might have been subject to the same or similar harassment; What, if any, steps the complainant has taken to try to stop the harassment; Any other information the complainant believes to be relevant to the harassment complaint.

Identify harassment in 1 of 3 types of behavior: physical harassment, verbal or non-verbal harassment.

Ascertain the views of the victim as to what outcome he/she wants and respect his/her decision.

Ensure that the victim and accuser understand the company’s procedures for dealing with the complaint.

Take any appropriate action to prevent retaliation or prohibited conduct from recurring during and after any investigations or complaints.

Keep a confidential record of all discussions.

– Instruct harassers, witnesses and accusers to immediately preserve relevant evidence such as emails and chats on work platforms such as Slack, Skype, etc.

– Throughout the complaint process, the harassed person, witnesses and accusers will be supported and receive help from the company and mental health counselors.

– If the manager or the HR officer discloses the complaint information as well as the identity of the harassed person, witness, accuser, and accused person, that they will be subject to discipline from the company.

D. Complaint Resolution Procedures

The HR officer is responsible for:

– Ensuring that both the individual filing the complaint (complainant) and the accused individual (respondent) are aware of the seriousness of a sexual harassment complaint.

– Explaining Gear Inc’s sexual harassment policy and investigation procedures to all parties involved.

– Be entitled to request and review all relevant documents; Interview all parties including harassed person, witness, accuser, and the accused person.

– Submitting a written report summarizing the results of the investigation and making recommendations to the CEO and managers.

– Notifying the complainant and the respondent of the corrective actions to be taken, if any, and administering those actions.

– All complaints involving senior management or above will be handled by the HR Department.

Informal complaints mechanism

If the victim wishes to deal with the matter informally, the HR officer will:

– Give an opportunity for the harassed and the accused person to confront and respond to complaints in a private space with the presence of the HR officer in charge.

– Ensure that all parties understand the complaints mechanism process of the company.

– Facilitate discussion between both parties to achieve a suitable resolution that the harassed person agrees on.

– Once both parties agree on a course of action, the complaint process ends and the HR officer and the manager are responsible for monitoring the outcome.

– Ensure all complaints are confidential.

Formal complaints mechanism

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. The actions that will be taken are:

– The HR officer will interview the victim and the harasser and other relevant third parties separately.

– Based on the results of the investigation, the HR officer and the CEO will decide on a resolution appropriate to the extent of the problem with the consent of the harassed person.

For example: Warning notice; a change to working arrangements or fired the harasser.

– The HR officer and Manager need to follow up to ensure that the recommendations are implemented, that the behavior has stopped and that the victim is satisfied with the outcome.

– Ensure all complaints are confidential.

E. Discipline

Employees who violate this policy are subject to appropriate discipline. If an investigation results in a finding that this policy has been violated, the mandatory minimum discipline is a written reprimand. The discipline for very serious or repeat violations is termination of employment. Persons who violate this policy may also be subject to civil damages or criminal penalties.

Discipline according to the Law:

– Pursuant to Clause 3, Article 11 of Decree No. 12/2022/ND-CP stipulates the following sanction: A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for sexual harassment at workplace but not yet to the point of criminal prosecution.

– If the harassing behavior seriously offends the dignity and honor of others: Penalize according to Article 155 of the Penal Code 2015 (amended Point e, Clause 2, Article 2 of the Law amending the Penal Code 2017) Crime of humiliating others, based on the severity of the harassment, including: Warning, fine; Non-custodial reform for up to 03 years; Imprisonment from 3 months to 5 years; Ban from holding certain posts, practicing professions or doing public work/certain jobs from 1 year to 5 years.

Discipline according to the Company Policy:

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.

F. False and frivolous complaints

The company will not tolerate any false and/or frivolous sexual harassment allegations made against any staff member. Making a false or frivolous claim shall lead to a disciplinary action however a complaint made in good faith which cannot be proven shall not be considered as either false or frivolous complaints