The Protection against Harassment of Women at the Workplace (Amendment) Act 2022 (the "Amendment") amends The Protection against Harassment of Women at the Workplace Act 2010 (the "Act").
The Act's object is to provide a quick inquiry method and penalties for anyone committing the offence of harassment at the workplace. Interestingly, though the Act is enacted to protect women in the workplace, anyone who is a victim of workplace harassment can file a complaint. Thus, there is no limitation on the scope of the Act based on the gender of the complainant.
All employees are protected in their workplaces, including formal and informal ones. The Amendment widens the previous definition of the workplace. The workplace is the place of work or any site where an employee goes to work or renders his services, including all sorts of informal settings. This vast definition ensures that no workplace escapes the Act's ambit.
What is Harassment?
Harassment, as defined under the Act any unwelcome sexual advance, request for sexual favors, stalking or cyberstalking or other verbal, written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment. It also includes the attempt to punish the complainant for refusing to comply with such a request or make a condition for employment.
The definition is by way of the Amendment expanded, and the term harassment includes discrimination based on gender, which may embody a discriminatory and prejudicial mindset or notion, resulting in discriminatory behavior based on gender.
The Act also provides that even a single incident making a person uncomfortable or creating a sense of fear or panic at the workplace is also harassment.
The law provides a very comprehensive and vast definition of harassment and strives to protect persons not only against workplace harassment of a physical nature but also cover other forms of harassment as well as gender discrimination at the workplace.
Who is an Employee?
The definition of an employee in the Amended Act covers not only those employees who signed a contract with an employer but also domestic and informal workers representing a significant chunk of the workforce in Pakistan. The definition of employee also includes daily wage workers, temporary, part-time, freelance employees, trainees, domestic workers, home-based workers, apprentices, and even volunteers.
Code of Conduct
Employers are required by the Act to have an Inquiry Committee on sexual harassment and to put up in the workplace a code of conduct for employees to define what may be considered sexual harassment.
The employer is responsible for ensuring a Code of Conduct for protection against harassment at the workplace as a part of their management policy.
The Procedure of Inquiry against a Complaint of Harassment
The Act provides for investigations into harassment complaints from within the organization to be dealt with within the organization.
Inquiry Committee:
An internal Inquiry Committee shall be formed within each organization to resolve the complaint. Such Inquiry Committee shall consist of three members, at least one of which shall be a woman, one member from the senior management, and one senior employee or a senior representative of employees.
The Inquiry Committee, on receipt of a written complaint by the aggrieved, shall enquire into the charge within a stringent timeline.
The Inquiry Committee shall submit its findings and recommendations to the Competent Authority within thirty days of the initiation of the inquiry. If the Inquiry Committee finds the accused guilty, it shall recommend to the Competent Authority designated by the organization's management for imposing a penalty.
Penalties by Competent Authority:
The inquiry committee suggests the penalty to the Competent Authority, who will impose that penalty within one week. The Penalties may be any one or more of these, depending on the gravity of the offence of the accused:
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Minor Penalties:
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Censure
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Withholding promotion or increment for a specific period
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The stoppage, for a specific period, at an efficiency bar in the time scale, otherwise than for unfitness to cross such bar
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Recovery of the compensation payable to the complainant from pay or any other source of the accused;
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Major Penalties:
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Reduction to a lower post or time-scale, or to a lower stage in a time-scale;
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Compulsory retirement;
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Removal from service;
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Dismissal from service; and
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Fine. A part of the fine can be used as compensation for the complainant.
Appeal to Ombudsman:
If the decision of the Competent Authority aggrieved the party, then it may prefer an appeal to the Ombudsman within thirty (30) days of the decision.
The respective Governments will nominate an Ombudsman at the Provincial and Federal levels, which shall have all necessary powers as that of a Civil Court to deal with the complaints and appeals under this Act.
The Ombudsman may, on consideration of the appeal, verify, set aside, vary or modify the decision within thirty days in respect of which such request is made. It will disseminate the decision to both the parties and the employer.
Conclusion
The Protection against Harassment of Women at the Workplace (Amendment) Act 2022 further widens the scope of workplace harassment laws and provides ease and privacy in filing harassment complaints. The law is a revolutionary step in safeguarding the rights of women employees specifically and a step forward to promote better inclusion in the workplace.
