Workplace Harassment Laws

Here’s an overview of the legal framework, definitions, procedures, and remedies related to workplace harassment in Islamabad:

Legal Framework:

Protection against Harassment of Women at the Workplace Act, 2010:

The primary legislation addressing workplace harassment in Pakistan, including Islamabad, is the Protection against Harassment of Women at the Workplace Act, 2010. This Act aims to create a safe working environment for women by addressing and preventing harassment at the workplace.

Definitions:

Harassment:

According to the Act, harassment is defined as:

• Any unwelcome sexual advance, request for sexual favors, or other verbal or written communication or physical conduct of a sexual nature.
• Conduct that interferes with work performance or creates an intimidating, hostile, or offensive work environment.
• Abuse of authority that is intended to create a discriminatory and hostile working environment or is aimed at humiliating or intimidating an employee.

Key Provisions:

1. Scope
   • The Act applies to all workplaces, both public and private sectors, including educational institutions, organizations, and any place where an employee works.

1. Complaint Mechanism
   • Internal Inquiry Committee: Every organization is required to constitute an Inquiry Committee to address complaints of harassment. The committee must include at least three members, with at least one being a woman.
     Ombudsperson: Employees also have the option to file complaints directly with the Federal Ombudsperson for Protection against Harassment of Women at the Workplace.

Procedures:

1. Filing a Complaint

• • An aggrieved employee can submit a written complaint to the Inquiry Committee or the Ombudsperson within 30 days of the incident.
  • The complaint should detail the nature of the harassment, including dates, locations, and any witnesses.

2. Inquiry Process

• • Internal Inquiry: The Inquiry Committee must conduct a prompt, thorough, and confidential investigation, providing both the complainant and the accused the opportunity to present their case.
  • Ombudsperson Inquiry: If the complaint is filed with the Ombudsperson, they will initiate an investigation and may summon witnesses and require the production of documents.

3. Findings and Recommendations

• • The Inquiry Committee must conclude its investigation within 30 days and submit its findings and recommendations to the competent authority of the organization.
  • The Ombudsperson, after completing the inquiry, will issue a decision which may include penalties or directives to the organization.

Penalties and Remedies:

1. Penalties

• • For the Accused: Penalties can range from a written apology, transfer, demotion, withholding of promotion, reduction in benefits, compulsory retirement, termination, or a fine.
  • For the Organization: Failure to comply with the Act, including not constituting an Inquiry Committee, can lead to penalties against the organization.

2. Remedies for the Victim

• • Reinstatement: If the complainant was terminated or forced to resign, they may be reinstated.
  • Compensation: Victims may receive monetary compensation for the suffering and any financial losses incurred.
  • Protective Measures: Organizations must take steps to prevent further harassment and ensure a safe working environment.

Rights and Responsibilities:

1. Employers’ Responsibilities
   • Establish an Inquiry Committee.
   • Develop and enforce an anti-harassment policy.
   • Conduct awareness and training sessions for employees.
   • Ensure confidentiality and protect the complainant from retaliation.
2. Employees’ Rights
   • Right to a harassment-free workplace.
   • Right to file a complaint without fear of retaliation.
   • Right to confidentiality during the investigation process.
   • Right to be informed of the outcome of the inquiry.