{ "schema_version": "qanun-law-text/1", "id": "pk-code-241857c2ac209bf3", "title": "Protection Against Harassment of Women at the Work Place Act, 2010", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Fsap0%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "4c2967a90fe76b40d5208ce63014c19bcc1c08d5fc29f33318fee6988b37ce18", "source_sha256": "4c2967a90fe76b40d5208ce63014c19bcc1c08d5fc29f33318fee6988b37ce18", "text_version_id": "law:pk-code-241857c2ac209bf3:sha256:4c2967a90fe76b40d5208ce63014c19bcc1c08d5fc29f33318fee6988b37ce18", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 12 \r\n \r\n \r\n \r\n \r\n \r\nTHE PROTECTION AGAINST HARASSMENT OF WOMEN AT \r\nTHE WORKPLACE ACT, 2010 \r\n \r\n \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n __________ \r\nSECTIONS: \r\n \r\n1. Short title, extent and commencement. \r\n \r\n2. Definitions. \r\n \r\n3. Inquiry Committee. \r\n \r\n4. Procedure for holding inquiry. \r\n \r\n5. Powers of the Inquiry Committee. \r\n \r\n6. Appeal against minor and major penalties. \r\n \r\n7. Ombudsperson. \r\n \r\n8. Ombudsperson to enquire into complaint. \r\n \r\n9. Representation to President or Governor. \r\n \r\n10. Powers of the Ombudsperson. \r\n \r\n11. Responsibility of employer. \r\n \r\n12. Provisions of the Act in addition to and not in derogation of any other law. \r\n \r\n13. Power to make rules. \r\n \r\nSCHEDULE \r\n \r\n \r\n \r\n \r\nUpdated Till 22.8.2022\r\n \r\nPage 2 of 12 \r\n \r\nPROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT, 2010 \r\n \r\nACT IV OF 2010 \r\n[6th March, 2010] \r\n \r\nAn Act to make provisions for the protection against harassment of women at the workplace \r\n WHEREAS the Constitution of the Islamic Republic of Pakistan recognizes the fundamental \r\nright of citizens to dignity of person; \r\n And WHEREAS it is expedient to make this provision for th e protection of women from \r\nharassment at the workplace; \r\n It is hereby enacted as follows:— \r\n 1. Short title, extent and commencement. —(1) This Act may be called the Pr otection \r\nagainst Harassment of women at the Workplace Act, 2010. \r\n (2) It extends to the whole of Pakistan. \r\n (3) It shall come into force at once. \r\n2. Definitions. In this Act, unless there is anything repugnant in the subject or context— \r\n(a) “accused” means an employee or employer of an organization against whom \r\ncomplaint has been made under this Act; \r\n(b) “CBA” means Collective Bargaining Agent as provided in the Industrial \r\nRelations Act, 2008 (IV of 2008) or any other law for the time being in force. \r\n(c) “Code” means the Code of Conduct as mentioned in the Schedule to this Act; \r\n(d) “Competent Authority ” means the authority as may be designated by the \r\nmanagement for the purposes of this Act; \r\n(e) “complainant” means 1[any person] who has made a complaint to the \r\n1[Ombudsperson] or to the Inquiry Committee on being aggrieved by an act of \r\nharassment 1[and shall include a former employee who has been removed or \r\ndismissed from service or has resigned, and a parent or guardian where the \r\ncomplainant is a minor]; \r\n1[(f) “employee” includes a regular, contractual, piece -rate, gig, temporary, part -\r\ntime, freelance employee whether employed through express or implied \r\ncontract on daily, weekly, monthly or hourly basis, and shall include a student, \r\na performer, an artist, a sportsperson, an intern, trainee, a domestic worker, a \r\nhome-based worker or an apprentice whether working for remuneration or not, \r\nor whether working on a voluntary basis or otherwise;] \r\n \r\n \r\n \r\n1Subs. and Ins. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 2 \r\n \r\nPage 3 of 12 \r\n \r\n(g) “employer” in relation to an o rganization, means any person or body of \r\npersons whether incorporated or not, who or which employs workers in an \r\norganization under a contract of employment or in any other manner \r\nwhosoever and includes— \r\n(i) an heir, successor or assign, as the case may b e, of such person or, \r\nbody as aforesaid; \r\n(ii) any person responsible for the direction, administration, management \r\nand control of the management; \r\n(iii) the authority, in relation of an organization or a group of organizations \r\nrun by or under the authority of any Ministry or department of the \r\nFederal Government or a Provincial Government, appointed in this \r\nbehalf or, where no authority is appointed, the head of the Ministry or \r\ndepartment as the case may be; \r\n(iv) the office bearer, in relation to an organiza tion run by or on behalf of \r\nthe local authority, appointed in this behalf, or where no officer is so \r\nappointed, the chief executive officer bearer of that authority; \r\n(v) the proprietor, in relation to any other organization, of such \r\norganization and every director, manager, secretary, agent or office \r\nbearer or person concerned with the management of the affairs thereof; \r\n(vi) a contractor or an organization of a contractor who or which \r\nundertakes to procure the labour or services of employees for use by \r\nanother person or in another organization for any purpose whatsoever \r\nand for payment in any form and on any basis whatsoever; 1[*] \r\n(vii) Office bearers of a department or a Division of a Federal or a \r\nProvincial or local authority who belong to the manageria l, Secretarial \r\nor directional cadre or categories of supervisors or agents and those \r\nwho have been notified for this purpose in the official Gazette; \r\n1[(viii) person discharging any contractual obligations with respect to his \r\nemployees and expressly or im pliedly procures the services or labour \r\nof persons whether as freelancers or part-time employees; \r\n \r\n(ix) a person who owns or manages an online or customer to customer or \r\nbusiness to customer or any other virtual or remote business; and \r\n \r\n(x) in relation t o a dwelling place or house, a person or a household who \r\nemploys or benefits from the employment of home -based workers, \r\nirrespective of the number, time period or type of such worker \r\nemployed, or the nature of the employment or activities performed by \r\nthe home-based worker;] \r\n \r\n1[(h) “harassment” means:— \r\n \r\n1Omitted, Added and Subs. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 2 \r\n \r\nPage 4 of 12 \r\n \r\n(i) any unwelcome sexual advance, request for sexual favours, stalking or \r\ncyber stalking or other verbal, visual or written communication or \r\nphysical conduct of a sexual nature or sexually demeaning attitudes, \r\nincluding any gestures or expression conveying derogatory connotation \r\ncausing interference with work performance or creating a n \r\nintimidating, hostile or offensive work environment, or the attempt to \r\npunish the complainant for refusal to comply to such a request or is \r\nmade a condition for employment; or \r\n \r\n(ii) discrimination on basis of gender, which may or may not be sexual in \r\nnature, but which may embody a discr iminatory and prejudicial mind \r\nset or notion, resulting in discriminatory behavior on basis of gender \r\nagainst the complainant;] \r\n (i) “Inquiry Committee ” means the Inquiry Committee established under \r\nsubsection (1) of section 3; \r\n(j) “management” means a person or body of persons responsible for the \r\nmanagement of the affairs of an organization and includes an employer; \r\n1[(k) “Ombudsperson” means the Ombudsperson appointed under Section 7;] \r\n (1) “organization” means a Federal or Provincial Government Ministry, Division \r\nor department, a corporation or any autonomous or semi autonomous body, \r\nEducational Institutes, Medical facilities established or controlled by the \r\nFederal or Provincial Government or District Government or regi stered civil \r\nsociety associations or privately managed a commercial or an industrial \r\nestablishment or institution, a company as de fined in the 1[Companies Act, \r\n2017 (Act No. XIX of 2017 )] and includes any other registered private sector \r\norganization or institution 1[or online business]; \r\n(m) “Schedule” means Schedule annexed to this Act; and \r\n1[(n) “workplace” means the place of work or any place where services are rendered \r\nor performed by professionals, including educational institutions, gigs, \r\nconcerts, st udios, performance facilities, courts, highways, sporting facilities \r\nand gymnasiums, and shall include any building, factory, open are a or a larger \r\ngeographical area, where the activities of the organization or of employer are \r\ncarried out and includes any situation that is linked to work or activity outside \r\nthe office.] \r\n3. Inquiry Committee.—(1) Each organization shall constitute an Inquiry Committee within \r\nthirty days of the enactment of this Act to enquire into complaints under this Act. \r\n (2) The Committ ee shall consist of three members of whom at least one member shall be a \r\nwoman. One member shall be from senior management and one shall be a senior representative of \r\nthe employees or a senior employee where there is no CBA. \r\n \r\n1Subs. and Ins. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 2 \r\n \r\n \r\nPage 5 of 12 \r\n \r\nOne or more members can be co -opted from outside the organization if the organization is unable to \r\ndesignate three members from within as described above. A Chairperson shall be designated from \r\namongst them. \r\n (3) In case a complaint is made against one of the members of the Inquiry Committee that \r\nmember should be replaced by another for that particular case. Such member may be from within or \r\noutside the organization. \r\n (4) In case where no competent authority is designated the organization shall within thirty \r\ndays of the enactment of this Act designate a competent authority. \r\n4. Procedure for holding inquiry.—(1) The Inquiry Committee, within three days of receipt \r\nof a written complaint, shall— \r\n(a) communicate to the accused the charges and statement of allegations leveled \r\nagainst him, the formal written receipt of which will be given; \r\n(b) require the accused within seven days from the day the charge is \r\ncommunicated to him to submit a written defense and on his failure to do so \r\nwithout reasonable cause, the Committee shall proceed ex-parte; and \r\n(c) enquire into the charge and may examine such oral or documentary evidence \r\nin support of the charge or in defense of the accused as the Committee may \r\nconsider necessary and each party shall be entitled to cross -examine the \r\nwitnesses against him. \r\n (2) Subject to the provisions of th is Act and any rules made there under the Inquiry \r\nCommittee shall have power to regulate its own proced ure for conducting inquiry and for the fixin g \r\nplace and time of its sitting 1[and, where applicable, apply appropriate child-sensitive procedures.] \r\n \r\n(3) The following provisions inter alia shall be followed by the Committee in relation to \r\ninquiry: \r\n(a) the statements and other evidence acquired in the inquiry process shall be \r\nconsidered as confidential; \r\n(b) an officer in an organization; if considered necessary, may be nominated to \r\nprovide advice and assistance to each party; \r\n \r\n(c) both parties, the compl ainant and the accused, shall have the right to be \r\nrepresented or accompanied by a Collective Bargaining Agent representative, \r\na friend or a colleague; \r\n \r\n(d) adverse action shall not be taken against the complainan t or the witnesses; \r\n \r\n(e) the Inquiry Commit tee shall ensure that the employer or accused shall in no \r\ncase create any hostile environment for the complainant so as to pressurize her \r\nfrom freely pursuing her complaint; and \r\n \r\n1Subs. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 3 \r\n \r\n \r\nPage 6 of 12 \r\n \r\n(f) the Inquiry Committee shall give its findings in writing by recording reasons \r\nthereof. \r\n (4) The Inquiry Committee shall submit its findings and recommendations to the Competent \r\nAuthority within thirty days of the initiation of inquiry. If the Inquiry Committee finds the accused to \r\nbe guilty it shall recommend to the Competent Authority for imposing one or more of the following \r\npenalties 1[, as applicable]: \r\n \r\n (i) Minor penalties: \r\n \r\n (a) censure; \r\n \r\n (b) withholding, for a specific period, promotion or increment; \r\n \r\n(c) stoppage, for a specific period, at an efficiency bar in the time -scale, \r\notherwise than for unfitness to cross such bar; and \r\n \r\n(d) recovery of the compensation payable to the complainant from pay or \r\nany other source of the accused; \r\n \r\n (ii) Major penalties: \r\n (a) reduction to a lower post or time-scale, or to a lower stage in a time- \r\nscale; \r\n (b) compulsory retirement; \r\n (c) removal from service; \r\n (d) dismissal from service; 1[*] \r\n1[(da) suspension or cancellation of a professional license; and] \r\n(e) Fine. A part of the fine can be used as compe nsation for the \r\ncomplainant. In case of the owner, the fine shall be payable to the \r\ncomplainant. \r\n (5) The Competent Authority shall impose the penalty recommende d by the Inquiry \r\nCommittee under subsection (4) within one week of the receipt of the recommendations of the \r\nInquiry Committee. \r\n (6) The Inquiry Committee shall meet on regular basis and monitor the situation regularly \r\nuntil they are satisfied that their recommendations subject to decision, if any of Competent Authority \r\nand Appellate Authority have been implemented. \r\n (7) In case the complainant is in trauma the organization will arrange for psycho -social \r\ncounseling or medical treatment and for additional medical leave. \r\n (8) The organization may also offer compensation to the complainant in case of loss of salary \r\nor other damages. \r\n \r\n \r\n1Ins. and Omission by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 3 \r\n \r\n \r\nPage 7 of 12 \r\n \r\n5. Powers of the Inquiry Committee.—(1) The Inquiry Committee shall have power— \r\n \r\n(a) to summon and enforce attendance of any person and examine him on oath; \r\n \r\n(b) to require the discovery and production of any 1[documentary, audio or video \r\nevidence ]; \r\n \r\n (c) to receive evidence on affidavits; and \r\n \r\n (d) to record evidence. \r\n (2) The Inquiry Committee shall have the power to inquire into the matters of harassment \r\nunder this Act, to get the complainant or the accused medically examined by an authorized doctor, if \r\nnecessary, and may recommend appropriate penalty against the accused within the meaning of \r\nsubsection (4) of section 4. \r\n (3) The Inquiry Committee may recommend to 1[Ombudsperson] for appropriate action \r\nagainst the complainant if allegations leveled again st the accused found to be false and made with \r\nmala fide intentions. \r\n (4) The Inquiry Committee can instruct to treat the proceedings confidential. \r\n6. Appeal against minor and major penalties. —(1) Any party aggrieved by decision of the \r\nCompetent Authority on whom minor or major penalty is imposed may within thirty days of written \r\ncommunication of decision prefer an appeal to an 1[Ombudsperson] established under section 7. \r\n (2) A complainant aggrieved by the decision of the Competent Authority may also pre fer \r\nappeal within thirty days of the decision to the 1[Ombudsperson]. \r\n (3) The Appellate Authority may, on consideration of the appeal and any other relevant \r\nmaterial, confirm, set aside, vary or modify the decision within thirty days in respect of which such \r\nappeal is made. It shall communicate the decision to both the parties and the employer. \r\n(4) Until such a time that the 1[Ombudsperson] is appointed the District Court shall have the \r\njurisdiction to hear appeals against the decisions of Competent Autho rity and the provisions of \r\nsubsections (1) to (3) shall mutatis mutandis apply. \r\n(5) On the appointment of 1[Ombudsperson] all appeals pending before the District Court \r\nshall stand transferred to 1[Ombudsperson] who may proceed with the case from the stage at which it \r\nwas pending immediately before such transfer. \r\n7. 1[Ombudsperson].—(1) The respective Governments shall appoint an 1[Ombudsperson] at \r\nthe Federal and Provincial levels. \r\n (2) A person shall be qualified to be appointed as an 1[Ombudsperson] who has been a judge \r\nof High Court or qualified to be appointed as a judge of High Court. The 1[Ombudsperson] may \r\nrecruit such staff as required to achieve the purposes of this Act and the finances will be provided by \r\nthe respective Governments. \r\n \r\n \r\n1Subs. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), ss. 2 and 4 \r\n \r\nPage 8 of 12 \r\n \r\n8. 1[Ombudsperson] to enquire into complaint. —(1) Any 1[complainant] shall have the \r\noption to prefer a complaint either to the 1[Ombudsperson] or the Inquiry Committee. \r\n (2) The 1[Ombudsperson] shall within 3 days of receiving a complaint issue a written show \r\ncause notice to the accused. The accused, after the receipt of written notice, shall submit written \r\ndefense to the 1[Ombudsperson] within five days an d his failure to do so without reasonable cause \r\nthe 1[Ombudsperson] may precede ex-parte. Both the parties can represent themselves before the \r\n1[Ombudsperson]. \r\n (3) The 1[Ombudsperson] shall conduct an inquiry into the matter according to the rules made \r\nunder this Act and conduct proceedings as the 1[Ombudsperson] deems proper. \r\n (4) For the purposes of an investigation under this Act, the 1[Ombudsperson] may require any \r\noffice or member of an organization concerned to furnish any information or to produce any \r\ndocument which in the opinion of the 1[Ombudsperson] is relevant and helpful in the conduct of the \r\ninvestigation. \r\n (5) The 1[Ombudsperson] shall record his decision and inform both parties and the \r\nmanagement of the concerned organization for implementation of the orders. \r\n1[(6) The Ombudsperson shall decide a case or appeal, as the case may be, within a period of \r\nninety days.] \r\n \r\n9. Representation to President or Governor. —Any person aggrieved by a decision of \r\n1[Ombudsperson] under subsection (5) of sect ion 8, may, within thirty days of decision, make a \r\nrepresentation to the President or Governor as the case may be, who may pass such order thereon as \r\nhe may deem fit 1[the President or the Governor, as the case may be, shall decide such representation \r\nwithin ninety days.] \r\n10. Powers of the 1[Ombudsperson].—The 1[Ombudsperson] shall for the purpose of this \r\nAct have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 \r\n(Act V of 1908), in respect of the following matters, namely:— \r\n(i) summoning and enforcing the attendance of any person and examining him on \r\noath; \r\n (ii) compelling the production of evidence; \r\n(iii) receiving evidence on affidavits; \r\n (iv) issuing commission for the examination of witnesses; \r\n(v) entering any pre mises for the purpose of making any inspection or \r\ninvestigation, enter any premises where the 1[Ombudsperson] has a reason to \r\nbelieve that any information relevant to the case may be found; and \r\n(vi) the 1[Ombudsperson] shall have the same powers as the Hig h Court has to \r\npunish any person for its contempt. \r\n \r\n1Subs. and Added. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), ss. 2, 5 and 6 \r\n \r\nPage 9 of 12 \r\n \r\n (2) 1[Ombudsperson] shall while making the decision on the complaint may i mpose any of \r\nthe minor or major penalties specified in subsection (4) of section 4. \r\n11. Responsibility of employer.—(1) It shall be the responsibility of `the employer to ensure \r\nimplementation of this Act, including but not limited to incorporate the Code of Conduct for \r\nprotection against harassment at the workplace as a part of their management policy and to form \r\nInquiry Committee referred to in section 3 and designate a Competent Authority referred to in \r\nsection 4. \r\n (2) The management shall display copie s of the Code in English as well as in language \r\nunderstood by the majority of employees at conspicuous place in the organization and the workplace \r\nwithin six months of the commencement of this Act. \r\n (3). On failure of an employer to comply with the provis ions of this section any employee of \r\nan organization may file a petition before the District Court and on having been found guilty the \r\nemployer shall be liable to fine which may extend to one hundred thousand rupees but shall not be \r\nless than twenty-five thousand rupees. \r\n12. Provisions of the Act in addition to and not in derogation of any other law . The \r\nprovisions of this Act shall be in addition to and not in derogation of any other law for the time being \r\nin force. \r\n \r\n13. Power to make rules. The Federal Government may make rules to carryout the purposes \r\nof this Act. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 2 \r\n \r\n \r\nPage 10 of 12 \r\n \r\nSCHEDULE \r\n \r\n[See sections 2(c) and 11] \r\n \r\nCODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE \r\nWORKPLACE \r\n \r\n Whereas it is expedient to make the Code of Conduct at the workplace etc. to provide \r\nprotection and safety to women against harassment it is hereby provided as under:— \r\n \r\n(i) the Code provides a guid eline for behavior of all employees, including management, \r\nand the owners of an organization to ensure a work environment free of harassment \r\nand intimidation; \r\n \r\n1[(ii) “harassment” means.— \r\n \r\n(a) any unwelcome sexual advance, request for sexual favours, sta lking or cyber \r\nstalking or other verbal, visual or written communication or physical conduct \r\nof a sexual nature or sexually demeaning attitudes, including any gestures or \r\nexpression conveying derogatory connotation causing interference with work \r\nperformance or creating an intimidating, hostile or offensive work \r\nenvironment, or the attempt to punish the complainant for refusal to comply to \r\nsuch a request or is made a condition for employment; or \r\n \r\n(b) discrimination on basis of gender, which may or may not b e sexual in nature, \r\nbut which may embody discriminatory and prejudicial mind -set or notion, \r\nresulting in discriminatory behavior on basis of gender against the \r\ncomplainant: \r\n \r\nProvided that a single incident having the effect of making a person uncomfortable or \r\ncreating a sense of fear or panic at the workplace is also harassment.] \r\n \r\n Explanation.—There are three significant manifestations of harassment in the \r\nwork environment:— \r\n \r\n (a) Abuse of authority \r\n \r\nA demand by a person in authority, such as a supervis or, for sexual \r\nfavors in order for the complainant to keep or obtain certain job benefits, be it \r\na wage increase, a promotion, training opportunity, a transfer or the job, itself. \r\n \r\n 1[(b) Creating a hostile environment \r\n \r\nAny unwelcome sexual advance, req uest for sexual favors, or other verbal or \r\nphysical conduct of a sexual nature, which interferes with an individual’s work \r\nperformance or creates an intimidating, hostile, abusive or offensive work \r\nenvironment; or any discrimination on basis of gender, whi ch may or may not \r\nbe sexual in nature, but which may embody a discriminatory and prejudicial \r\nmind-set or notion resulting in discriminatory behavior on basis of gender. \r\n \r\n \r\n \r\n1Subs. by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 7 \r\n \r\nPage 11 of 12 \r\n \r\nThe typical “hostile environment” claim, in general, requires finding of \r\na pattern of offensive conduct, however, in cases where the harassment is \r\nparticularly severe, such as in cases involving physical contact or gender -\r\nbased discrimination, a single offensive incident will constitute a violation.] \r\n(c) Retaliation \r\nThe refusal to grant a sexual favor can result in retaliation, which ma y \r\ninclude limiting the employee’ s options for future promotions or training, \r\ndistorting the evaluati on reports, generating gossip against the employee or \r\nother ways of limiting access to his/her rights. Such behavior is also a part of \r\nthe harassment. \r\n(iii) an informal approach to resolve a complaint of harassment may be through mediation \r\nbetween the part ies involved and by providing advice and counseling on a strictly \r\nconfidential basis; \r\n(iv) a complainant or a staff member designated by the complainant for the purpose may \r\nreport an incident of harassment informally to her supervisor, or a member of the \r\nInquiry Committee, in which case the supervisor or the Committee member may \r\naddress the issue at her discretion in the spirit of this Code. The request may be made \r\norally or in writing; \r\n(v) if the case is taken up for investigation at an informal level, a senior manager from the \r\noffice or the head office will conduct the investigation in a confidential manner. The \r\nalleged accused will be approached with the intention of resolving the matter in a \r\nconfidential manner; \r\n(vi) if the incident or the case repor ted does constitute harassment of a higher degree and \r\nthe officer or a member reviewing the case feels that it needs to be pursued formally \r\nfor a disciplinary action, with the consent of the complainant, the case can be taken as \r\na formal complaint; \r\n(vii) a complainant does not necessarily have to take a complaint of harassment through \r\nthe informal channel. She can launch a formal complaint at any time; \r\n(viii) the complainant may make formal complaint through her in charge, supervisor, CBA \r\nnominee or worker’s representative, as the case may be, or directly to any member of \r\nthe Inquiry Committee. The Committee member approached is obligated to initiate \r\nthe process of investigation. The supervisor shall facilitate the process and is \r\nobligated not to cover up or obstruct the inquiry; \r\n(ix) assistance in the inquiry procedure can be sought from any member of the \r\norganization who should be contacted to assist in such a case; \r\n(x) the employer shall do its best to temporarily make adjustments so that the accused and \r\nthe complainant do not have to interact for official purposes during the investigation \r\nperiod. This would include temporarily changing the office, in case both sit in one \r\noffice, or taking away any extra charge over and above their contract which may give \r\none party excessive powers over the other’ s job conditions. The employer can also \r\n \r\nPage 12 of 12 \r\n \r\ndecide to send the accused on leave, or suspend the accused in accordance with the \r\napplicable procedures for dealing with the cases of misconduct, if required: \r\n(xi) retaliation from either party should be strictly monitored. During the process of the \r\ninvestigation work, evaluation, daily duties, reporting structure and any parallel \r\ninquiries initiated should be strictly monitored to avoid any retaliation from either \r\nside.1[Filing counter -blast suits for defamation etc. are also retaliation. The \r\nOmbudsperson or Inquiry Committee, as the case may be, should take notice of this in \r\nhis or its proceedings.] \r\n(xii) the harassment usually occurs between colleagues when they are alon e, therefore \r\nusually it is difficult to produce evidence. It is strongly recommended that staff should \r\nreport an offensive behavior immediately to someone they trust, even if they do not \r\nwish to make a formal complaint at the time. Although not reporting i mmediately \r\nshall not affect the merits of the case; and \r\n(xiii) the Code lays down the minimum standards of behavior regarding protection of \r\nwomen from harassment at workplace etc. but will not affect any better arrangement \r\nthat an organization may have de veloped nor will it bar the grant of protection that \r\nemployees working in an institute may secure from their employers through \r\nnegotiation. \r\n \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Added by Protection against Harassment of women at the Workplace (Amendment) Act, 2022 (V of 2022), s. 7", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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