{ "schema_version": "qanun-law-text/1", "id": "punjab-code-5cff1ea359671fe9", "title": "PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UmdSZgA0AjE-", "version": null, "source_snapshot": "2026-08-06T16:47:54Z", "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": "0f995b81c5a7a76680f09b076b2718ea3db2c5059d3e825de0a1fbbdc787f4ae", "source_sha256": "0f995b81c5a7a76680f09b076b2718ea3db2c5059d3e825de0a1fbbdc787f4ae", "text_version_id": "law:punjab-code-5cff1ea359671fe9:sha256:0f995b81c5a7a76680f09b076b2718ea3db2c5059d3e825de0a1fbbdc787f4ae", "quality_flags": [], "encoding": "UTF-8", "text": "THE PROTECTION AGAINST HARASSMENT OF WOMEN \r\nAT THE WORKPLACE ACT, 2010 \r\n(IV of 2010) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Inquiry Committee \r\n4. Procedure for holding inquiry \r\n5. Powers of the Inquiry Committee \r\n6. Appeal against minor and major penalties \r\n7. Ombudsperson \r\n8. Ombudsperson to enquire into complaint \r\n9. Representation to Governor \r\n10. Powers of the Ombudsperson \r\n11. Responsibility of employer \r\n12. Provisions of the Act in addition to and not in derogation of any other \r\nlaw \r\n13. Power to make rules \r\nSCHEDULE \r\n \r\nTEXT \r\n1\r\nTHE PROTECTION AGAINST HARASSMENT OF WOMEN AT THE \r\nWORKPLACE ACT, 2010 \r\n(IV of 2010) \r\n[11th March, 2010] \r\nAn \r\nAct \r\nto make provisions for the protection against harassment of women at the workplace \r\nWHEREAS the constitution of the Islamic Republic of Pakistan recognizes the \r\nfundamental right of citizens to dignity of person; \r\nAND WHEREAS it is expedient to make this provision for the protecti on of \r\nwomen from harassment at the workplace; \r\nIt is hereby enacted as follows: \r\n1. Short title, extent and commencement. – (1) This Act may be called the \r\nProtection against Harassment of women at the Workplace Act, 2010. \r\n2\r\n[(2) It extends to whole of the Punjab.] \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 \r\ncontext– \r\n(a) “accused” means an employee or employer of an organization against \r\nwhom complaint has been made under this Act; \r\n(b) “CBA” means Collective Bargaining Agent as provided in the \r\n3\r\n[Punjab \r\nIndustrial Relations Act 2010 (XIX of 2010)] , or any other law for the \r\ntime being in force. \r\n(c) “Code” means the Code of Conduct as mentioned in the Schedule to \r\nthis Act; \r\n(d) “Competent Authority” means the authority as may be designated by \r\nthe management for the purposes of this Act; \r\n(e) “complainant” means a woman or man who has made a complaint to \r\nthe \r\n4\r\n[Ombudsperson] or to the Inquiry Committee on being aggrieved \r\nby an act of harassment; \r\n \r\n1This Act wa s passed by the Parliament; assented to by the President on 9 March 2010; and published in the Gazette of \r\nPakistan (Extraordinary), dated 11 March 2010, pages 63-84. \r\n2Substituted by the Punjab Protection Against Harassment of Women a t the Workplace (Amendm ent) Act 2012 ( III of 2013) , \r\nw.e.f.5.1.2013, s.3; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. \r\n3Substituted for the expressions “Industrial Relations Act, 2008 (IV of 2008)” by the Punjab Protection Against Harassment of \r\nWomen at t he Workplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s. 4; and published in the Punjab Gazette \r\n(Extraordinary), pages 1959-1960. \r\n(f) “employee” means a regular or contractual employee wheth er \r\nemployed on daily, weekly, monthly or hourly basis, and includes an \r\nintern or an apprentice; \r\n(g) “employer” in relation to an organization, means any person or body of \r\npersons whether incorporated or not, who or which employs workers in \r\nan organization 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 be, of such \r\nperson or, body as aforesaid; \r\n(ii) any person responsible for the direction, administration, \r\nmanagement and control of the management; \r\n5\r\n[(iii) the authority, in relation to an organization or group of \r\norganizations run by or under the authority of the Government, \r\nthe Federal Governmen t or any other Provincial Government, \r\nappointed in this behalf or, where no such authority is appointed, \r\nthe head of the organization or group of organizations;] \r\n(iv) the office bearer, in relation to an organization run by or on \r\nbehalf of the local autho rity, appointed in this behalf, or where \r\nno officer is so appointed, the chief executive officer bearer of \r\nthat authority; \r\n(v) the proprietor, in relation to any other organization, of such \r\norganization and every director, manager, secretary, agent or \r\noffice bearer or person concerned with the management of the \r\naffairs 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 \r\nuse by another person or in another organization f or any \r\npurpose whatsoever and for payment in any form and on any \r\nbasis whatsoever; and \r\n(vii) office bearers of \r\n6\r\n[* * * *] a Federal or a Provincial or local \r\nauthority who belong to the managerial, secretarial or directional \r\ncadre or categories of supervi sors or agents and those who \r\nhave been notified for this purpose in the official Gazette; \r\n7\r\n[(gg) “Government” means Government of the Punjab;] \r\n(h) “harassment” means any unwelcome sexual advance, request for \r\nsexual favors or other verbal or written commu nication or physical \r\n \r\n4Substituted for the wo rd “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n5Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. \r\n6Omitted the words “a department or a Division of ” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.4; and p ublished in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n7Inserted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.4; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. \r\nconduct of a sexual nature or sexually demeaning attitudes, causing \r\ninterference with work performance or creating an intimidating, hostile \r\nor offensive work environment, or the attempt to punish the \r\ncomplainant for refusal to comply t o such a request or is made a \r\ncondition for employment; \r\n(i) “Inquiry Committee” means the Inquiry Committee established under \r\nsub-section (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 \r\nemployer; \r\n(k) \r\n8\r\n[Ombudsperson] means the \r\n9\r\n[Ombudsperson] appointed under section \r\n7; \r\n(l) “organization” means a Federal or Provincial Government Ministry, \r\nDivision or department, a corporation or any autonomous or semi \r\nautonomous body, Educational Institutes, Medical facilities established \r\nor controlled by the Federal or Provincial Government or District \r\nGovernment or registered civil society associations or privately \r\nmanaged a commercial or an industrial establishment or institution, a \r\ncompany as defined in the Companies Ordinance, 1984 (XLVII of \r\n1984) and includes any other registered private sector organization or \r\ninstitution; \r\n(m) “Schedule” means Schedule annexed to this Act; \r\n(n) “workplace” means the place of wo rk or the premises where an \r\norganization or employer operates and includes building, factory, open \r\narea or a larger geographical area where the activities of the \r\norganization or of employer are carried out and including any situation \r\nthat is linked to official work or official activity outside the office. \r\n3. Inquiry Committee. – (1) Each organization shall constitute an Inquiry \r\nCommittee within thirty days of the enactment of this Act to enquire into complaints \r\nunder this Act. \r\n(2) The Committee shall con sist of three members of whom at least one \r\nmember shall be a woman. One member shall be from senior management and one \r\nshall be a senior representative of the employees or a senior employee where there \r\nis no CBA. One or more members can be co -opted from ou tside the organization if \r\nthe organization is unable to designate three members from within as described \r\nabove. A Chairperson shall be designated from amongst them. \r\n(3) In case a complaint is made against one of the members of the Inquiry \r\nCommittee that member should be replaced by another for that particular case. Such \r\nmember may be from within or outside the organization. \r\n \r\n8Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n9Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n(4) In case where no competent authority is designated the organization \r\nshall within thirty days of the enactment of this Act designate a competent authority. \r\n4. Procedure for holding inquiry. – (1) The Inquiry Committee, within three \r\ndays of receipt of a written complaint, shall– \r\n(a) communicate to the accused the charges and statement of allegations \r\nleveled against 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 \r\ndo so without reasonable cause, the Committee shall proceed ex-parte; \r\nand \r\n(c) enquire into the charge and may examine such oral or documentary \r\nevidence in support of the charge or in defense of the accused as the \r\nCommittee may consider necessary and each party shall be entitled to \r\ncross-examine the witnesses against him. \r\n(2) Subject to the provisions of this Act and any rules made thereunder the \r\nInquiry Committee shall have power to regulate its own procedure for conducting \r\ninquiry and for the fixing place and time of its sitting. \r\n(3) The following provisions inter alia shall be followed by the Committee in \r\nrelation to inquiry: \r\n(a) The statements and other evidence acquired in the inquiry process \r\nshall be considered as confidential; \r\n(b) An officer in an organization, if considered necessary, may be \r\nnominated to provide advice and assistance to each party; \r\n(c) Both parties, the complainant and the accused, shall have the right to \r\nbe represented or accompanied by a Collective Bargaining Agent \r\nrepresentative, a friend or a colleague; \r\n(d) Adverse action shall not be taken against t he complainant or the \r\nwitnesses; \r\n(e) The inquiry Committee shall ensure that the employer or accused shall \r\nin no case create any hostile environment for the complainant so as to \r\npressurize her from freely pursuing her complaint; and \r\n(f) The Inquiry Commi ttee shall give its findings in writing by recording \r\nreasons thereof. \r\n(4) The Inquiry Committee shall submit its findings and recommendations \r\nto the Competent Authority within thirty days of the initiation of inquiry. If the Inquiry \r\nCommittee finds the ac cused to be guilty it shall recommend to the Competent \r\nAuthority for imposing one or more of the following penalties: \r\n(i) Minor penalties: \r\n(a) censure; \r\n(b) withholding, for a specific period, promotion or increment; \r\n(c) stoppage, for a specific per iod, at an efficiency bar in the time -\r\nscale, otherwise than for unfitness to cross such bar; and \r\n(d) recovery of the compensation payable to the complainant from \r\npay or any other source of the accused; \r\n(ii) Major penalties: \r\n(a) reduction to a lower p ost or time -scale, or to a lower stage in a \r\ntime-scale; \r\n(b) compulsory retirement; \r\n(c) removal from service; \r\n(d) dismissal from service; and \r\n(e) Fine. A part of the fine can be used as compensation for the \r\ncomplainant. In case of the owner, the fin e shall be payable to \r\nthe complainant. \r\n(5) The Competent Authority shall impose the penalty recommended by \r\nthe Inquiry Committee under sub -section (4) within one week of the receipt of the \r\nrecommendations of the Inquiry Committee. \r\n(6) The Inquiry Commi ttee shall meet on regular basis and monitor the \r\nsituation regularly until they are satisfied that their recommendations subject to \r\ndecision, if any of Competent Authority and Appellate Authority have been \r\nimplemented. \r\n(7) In case the complainant is in t rauma the organization will arrange for \r\npsycho-social counseling or medical treatment and for additional medical leave. \r\n(8) The organization may also offer compensation to the complainant in \r\ncase of loss of salary or other damages. \r\n5. Powers of the Inq uiry Committee. – (1) The Inquiry Committee shall have \r\npower– \r\n(a) to summon and enforce attendance of any person and examine him on \r\noath; \r\n(b) to require the discovery and production of any document; \r\n(c) to receive evidence on affidavits; and \r\n(d) to record evidence. \r\n(2) The Inquiry Committee shall have the power to inquire into the matters \r\nof harassment under this Act, to get the complainant or the accused medically \r\nexamined by an authorized doctor, if necessary, and may recommend appropriate \r\npenalty against the accused within the meaning of sub-section (4) of section 4. \r\n(3) The Inquiry Committee may recommend to \r\n10\r\n[Ombudsperson] for \r\nappropriate action against the complainant if allegations leveled against the accused \r\nfound to be false and made with mala fide intentions. \r\n(4) The Inquiry Committee can instruct to treat the proceedings \r\nconfidential. \r\n \r\n10Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n6. Appeal against minor and major penalties. – (1) Any party aggrieved by \r\ndecision of the Competent Authority on whom minor or major penalty is imposed \r\nmay within thirty days of written communication of decision prefer an appeal to an \r\n11\r\n[Ombudsperson] established under section 7. \r\n(2) A complainant aggrieved by the decision of the Competent Authority \r\nmay also prefer appeal within thirty days of the decision to the \r\n12\r\n[Ombudsperson]. \r\n(3) The Appellate Authority may, on consideration of the appeal and any \r\nother relevant material, confirm, set aside, vary or modify the decision within thirty \r\ndays in respect of which such appeal is made. It shall communicate th e decision to \r\nboth the parties and the employer. \r\n13\r\n[(4) * * * * * * * * * * * ] \r\n14\r\n[(5) * * * * * * * * * * * ] \r\n15\r\n[7. Ombudsperson.– The Government shall appoint the Ombudsperson on such \r\nterms and conditions as may be prescribed. \r\n(2) A person shall be qu alified to be appointed as the Ombudsperson who \r\nis not less than forty five years of age and– \r\n(a) has been or is qualified to be a Judge of a High Court; or \r\n(b) has been in the service of Pakistan in BS-20 or above; or \r\n(c) is an eminent educationist with n ot less than four years administrative \r\nexperience. \r\n(3) The Ombudsperson shall not– \r\n(a) hold any other office of profit in the service of Pakistan; or \r\n(b) occupy any other position carrying the right to remuneration for the \r\nrendering of services. \r\n(4) The Om budsperson may appoint such staff as may be required to \r\nachieve the purposes of this Act.] \r\n16[(5) The Ombudsperson shall hold office for a period of four years and shall \r\nnot be eligible for extension of tenure or re-appointment. \r\n \r\n11Substituted for the word “Ombudsman” by the Pu njab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n12Substituted for the word “Ombudsman” by the Punjab Protection Again st Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n13Omitted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment ) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.5; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. \r\n14Omitted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.5; and published in the Punjab Gazette (Extraordinary), pages 1959-1960. \r\n15Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.6; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 \r\n16Added by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2021 (I of 20 22), \r\npublished in the Punjab Gazette (Extraordinary), dated: 12th January 2022, pp. 3399, s.2. \r\n(6) The Ombudsperson may res ign from office by writing under her hand \r\naddressed to the Governor.] \r\n8. \r\n17\r\n[Ombudsperson] to enquire into complaint .- (1) Any employee shall have \r\nthe option to prefer a complaint either to the \r\n18\r\n[Ombudsperson] or the Inquiry \r\nCommittee. \r\n(2) The \r\n19\r\n[Ombudsperson] shall within 3 days of receiving a complaint \r\nissue a written show cause notice to the accused. The accused after the receipt of \r\nwritten notice, shall submit written defense to the \r\n20\r\n[Ombudsperson] within five days \r\nand his failure to do so without reasonable cause the \r\n21\r\n[Ombudsperson] may proceed \r\nex-parte. Both the parties can represent themselves before the \r\n22\r\n[Ombudsperson]. \r\n(3) The \r\n23\r\n[Ombudsperson] shall conduct an inquiry into the matter \r\naccording to the rules made under this Act and conduct proceedin gs as the \r\n24\r\n[Ombudsperson] deems proper. \r\n(4) For the purposes of an investigation under this Act, the \r\n25\r\n[Ombudsperson] may require any office or member of an organization concerned to \r\nfurnish any information or to produce any document which in the opinion of the \r\n26\r\n[Ombudsperson] is relevant and helpful in the conduct of the investigation. \r\n(5) The \r\n27\r\n[Ombudsperson] shall record his decision and inform both parties \r\nand the management of the concerned organization for implementation of the orders. \r\n \r\n17Substituted for the word “Ombud sman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n18Substituted for the word “Ombudsman” by the Punjab P rotection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n19Substituted for the word “Ombudsman” by the Punjab Protection Against Har assment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n20Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at t he Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n21Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n22Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n23Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013 , s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n24Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n25Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n26Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pag es 1959 -\r\n1960. \r\n27Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n28\r\n[9. Representation to Governor .– Any person aggrieved by a decision of the \r\nOmbudsperson under subsection (5) of section 8 may, within thirty days of the \r\ncommunication of the decision, make a representation to the Governor whose \r\ndecision shall be final.] \r\n10. Powers of the \r\n29\r\n[Ombudsperson].– The \r\n30\r\n[Ombudsperson] shall for the \r\npurpose of this Act have the same powers as are vested in a Civil Court under the \r\nCode of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, \r\nnamely: \r\n(i) summoning and enforcing the attendance of any person and examining \r\nhim on oath; \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 premises for the purpose of making any inspection or \r\ninvestigation, enter any premises where the \r\n31\r\n[Ombudsperson] has a \r\nreason to believe that any information relevant to the case may be \r\nfound; and \r\n(vi) the \r\n32\r\n[Ombudsperson] shall have the same powers as the High Court \r\nhas to punish any person for its contempt. \r\n(2) \r\n33\r\n[Ombudsperson] shall while making the decision on the complaint \r\nmay impose any of the minor or ma jor penalties specified in sub -section (4) of \r\nsection 4. \r\n11. Responsibility of employer.– (1) It shall be the responsibility of the employer \r\nto ensure impleme ntation of this Act, including but not limited to incorporate the \r\nCode of Conduct for protection against harassment at the workplace as a part of \r\ntheir management policy and to form Inquiry Committee referred to in section 3 and \r\ndesignate a competent authority referred to in section 4. \r\n(2) The management shall display copies of the Code in English as well as \r\nin language understood by the majority of employees at conspicuous place in the \r\norganization and the work place within six months of the commencement of this Act. \r\n \r\n28Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.7; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 \r\n29Substituted for the word “Ombudsman” by the Punjab Pr otection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n30Substituted for the word “Ombudsman” by the Punjab Protection Against Hara ssment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n31Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at th e Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n32Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n33Substituted for the word “Ombudsman” by the Punjab Protection Against Harassment of Women at the Workplace \r\n(Amendment) Act 2012 (III of 2 013), w.e.f.5.1.2013, s.2; and published in the Punjab Gazette (Extraordinary), pages 1959 -\r\n1960. \r\n(3) On failure of an employer to comply with the provisions of this section \r\nany employee of an organization may file a \r\n34\r\n[complaint before the Ombudsperson ] \r\nand on having been found guilty the employer shall be liable to fine which may \r\nextend to one hundred thousand rupees but shall not be less than twenty -five \r\nthousand rupees. \r\n35\r\n[(4) A person aggrieved by an order under subsection (3) may, within thirty \r\ndays of the communication of the order, make a representation to the Governor \r\nwhose decision shall be final.] \r\n12. Provisions of the Act in addition to and not in derogation of any other \r\nlaw.– The provisions of this Act shall be in addition to and not in derogation of any \r\nother law for the time being in force. \r\n13. Power to make rules .– The \r\n36\r\n[* * *] Government may make rules to carryout \r\nthe purposes of this Act. \r\n \r\n34Substituted for the words “petition before the District Court” by the Punjab Protection Against Harassment of Women at the \r\nWorkplace (Amendment) Act 2012 (III of 2013), w.e.f.5.1.2013, s.8; and published in the Punjab Gazette (Extraordinary), pages \r\n1959-1960 \r\n35Inserted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 (III of 2013), \r\nw.e.f.5.1.2013, s.8; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 \r\n36Omitted the word “Federal” by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act 2012 \r\n(III of 2013), w.e.f.5.1.2013, s.9; and published in the Punjab Gazette (Extraordinary), pages 1959-1960 \r\nSCHEDULE \r\n[See sections 2(c) and 11] \r\nCODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF WOMEN \r\nAT THE WORKPLACE \r\nWhereas it is expedient to make the Code of Conduct at the Workplace e tc. to \r\nprovide protection and safety to women against harassment it is hereby provided as \r\nunder:– \r\n(i) The Code provides a guideline for behavior of all employees, including \r\nmanagement, and the owners of an organization to ensure a work \r\nenvironment free of harassment and intimidation; \r\n(ii) “Harassment” means any unwelcome sexual advance, request for \r\nsexual favors or other verbal or written communication or physical \r\nconduct of a sexual nature, or sexually demeaning attitudes, causing \r\ninterference with wor k performance or creating an intimidating, hostile \r\nor offensive work environment, or the attempt to punish the \r\ncomplainant for refusal to comply to such a request or is made a \r\ncondition for employment; \r\nThe above is unacceptable behavior in the organizatio n and at the workplace, \r\nincluding in any interaction or situation that is linked to official work or official activity \r\noutside the office. \r\nExplanation.– There are three significant manifestations of harassment in the work \r\nenvironment:– \r\n(a) Abuse of authority \r\nA demand by a person in authority, such as a supervisor, for sexual favors in \r\norder for the complainant to keep or obtain certain job benefits, be it a wage \r\nincrease, a promotion, training opportunity, a transfer or the job itself. \r\n(b) Creating a hostile environment \r\nAny unwelcome sexual advance, request 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. \r\nThe typical “hostile environment” claim, in general, requires finding of a \r\npattern of offensive conduct, however, in cases where the harassment is particularly \r\nsevere, such as in cases involving physical contact, a single offensive incident will \r\nconstitute a violation. \r\n(c) Retaliation \r\nThe refusal to grant a sexual favor can result in retaliation, which may include \r\nlimiting the employee’s options for future promotions or training, distorting the \r\nevaluation reports, generating gossip against the e mployee or other ways of limiting \r\naccess to his/her rights. Such behavior is also a part of the harassment. \r\n(iii) An informal approach to resolve a complaint of harassment may be \r\nthrough mediation between the parties involved and by providing \r\nadvice and counseling on a strictly confidential basis; \r\n(iv) A complainant or a staff member designated by the complainant for the \r\npurpose may report an incident of harassment informally to her \r\nsupervisor, or a member of the Inquiry Committee, in which case the \r\nsupervisor or the Committee member may address the issue at her \r\ndiscretion in the spirit of this Code. The request may be made orally or \r\nin writing; \r\n(v) If the case is taken up for investigation at an informal level, a senior \r\nmanager from the office or the head office will conduct the investigation \r\nin a confidential manner. The alleged accused will be approached with \r\nthe intention of resolving the matter in a confidential manner; \r\n(vi) If the incident or the case reported does constitute harassment of a \r\nhigher degree and the officer or a member reviewing the case feels \r\nthat it needs to be pursued formally for a disciplinary action, with the \r\nconsent of the complainant, the case can be taken as a formal \r\ncomplaint; \r\n(vii) A complainant does not necessarily hav e to take a complaint of \r\nharassment through the informal channel. She can launch a formal \r\ncomplaint at any time; \r\n(viii) The complainant may make formal complaint through her incharge, \r\nsupervisor, CBA nominee or worker's representative, as the case may \r\nbe, or directly to any member of the Inquiry Committee. The Committee \r\nmember approached is obligated to initiate the process of investigation. \r\nThe supervisor shall facilitate the process and is obligated not to cover \r\nup or obstruct the inquiry; \r\n(ix) Assistance in the inquiry procedure can be sought from any member of \r\nthe organization 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 \r\nthe accused and the complainant do not have to in teract for official \r\npurposes during the investigation period. This would include \r\ntemporarily changing the office, in case both sit in one office, or taking \r\naway any extra charge over and above their contract which may give \r\none party excessive powers over t he other's job conditions. The \r\nemployer can also decide to send the accused on leave, or suspend \r\nthe accused in accordance with the applicable procedures for dealing \r\nwith the cases of misconduct, if required; \r\n(xi) Retaliation from either party should be strictly monitored. During the \r\nprocess of the investigation work, evaluation, daily duties, reporting \r\nstructure and any parallel inquiries initiated should be strictly monitored \r\nto avoid any retaliation from either side; \r\n(xii) The harassment usually occu rs between colleagues when they are \r\nalone, therefore usually it is difficult to produce evidence. It is strongly \r\nrecommended that staff should report an offensive behavior \r\nimmediately to someone they trust, even if they do not wish to make a \r\nformal complaint at the time. Although not reporting immediately shall \r\nnot affect the merits of the case; and \r\n(xiii) The Code lays down the minimum standards of behavior regarding \r\nprotection of women from harassment at workplace etc . but will not \r\naffect any better arr angement that an organization may have \r\ndeveloped nor will it bar the grant of protection that employees working \r\nin an institute may secure from their employers through negotiation. \r\n37\r\n[Kindly see end notes for statement of objects and reasons] \r\n \r\n37The objective of this Act is to create a safe working environment for women, which is free of harassment, abuse and \r\nintimidation with a view toward fulfillment of their right to work with dignity. It will also enable higher productivit y and a better \r\nquality of life at work. Harassment is one of the biggest hurdles faced by working women preventing many who want to work to \r\nget themselves and their families out of poverty. This Act will open the path for women to participate more fully in the \r\ndevelopment of this country at all levels. \r\nThis Act builds on the principles of equal opportunity for men and women and their right to earn a livelihood without fear of \r\ndiscrimination as stipulated in the Constitution. This Act complies with the Gove rnment’s commitment to high international \r\nlabour standards and empowerment of women. It also adheres to the Human Rights Declaration, the United Nation’s \r\nConvention for Elimination of all forms of Discrimination Against Women and ILO’s convention 100 and 1 11 on workers’ rights. \r\nIt adheres to the principles of Islam and all other religions in our country which assure women’s dignity. \r\nThis Act requires all public and private organizations to adopt an internal Code of Conduct and a complain/appeals mechanism \r\naimed at establishing a safe working environment, free of intimidation and abuse, for all working women. 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