Background:

A major impediment to women who wish to join the national workforce is gender harassment at the workplace. Those who start employment are often harassed, and society in general inappropriately blames the women themselves. Thus, the issue becomes stigmatized, making it very difficult for the women to report or even talk about it.

Gender justice at the workplace includes the concept of equal employment opportunities for men and women, addressing issues of equal pay, fair recruitment, and appropriate work conditions for both genders. At present, this Code focuses on addressing gender harassment and exploitation faced at the workplace to facilitate a work environment free of intimidation and abuse.

All religions, particularly Islam, safeguard equality and dignity of women. In this spirit, the Code follows the theme and provisions identified in the national policies for women by the government.

• Therefore, recognizing the principles of equal opportunity for men and women and their right to earn a livelihood without fear of abuse and harassment,

• In cognizance of the provisions of the Constitution of Pakistan where non-discrimination on the basis of sex in public and workplace is stated and recognizing Article 25, 26 and 27 of the Constitution,

• Acknowledging the government's commitment to international conventions including ILO Conventions 100 and 111 and the United Nations Convention for Elimination of all forms of Discrimination Against Women,

• Realizing the complex dynamics of gender harassment at work and the high frequency of the problem, and an intention to elaborate on the existing regulations and fill the vacuum in the existing policies and codes,

• Whereas it is expedient to make the Code of Conduct for Gender Justice at the Workplace to provide protection, safety and care for women and men at the workplace,

Henceforth, in addition to existing provisions, the objective of this Code of Conduct is to create a safe and dignified working environment for men and women workers which is free of gender harassment, abuse and intimidation with a view to enable higher productivity and a better quality of life at work.

Now therefore, after referring to legislation and policies of countries such as Bangladesh, Sri Lanka, Malaysia and India, and a national consultative process with the stakeholders, employers, employees, government and civil society, the Ministry of Women Development and the Ministry of Labor and Manpower are pleased to make this Code and issue it with the endorsement of the Cabinet.

(1) Definitions:

In this Code unless there is anything repugnant in the subject or context,

(i) Accused : means an employee or employer of an organization against whom an action is being taken under this Code.

(ii) Code : means The Code of Conduct for Gender Justice at the Workplace

(iii) Complainant : Aggrieved person who has filed a complaint under this Code

(iv) Employee : means a person who is hired by an organization/company on permanent or temporary basis. This includes short term and contract workers also.

(v) Gender Harassment : Includes any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, causing interference with work performance, is made a condition of employment or creates an intimidating, hostile or offensive work environment, or the attempt to punish the refusal to comply to such a request. The intimidating behavior or act can be of a person in authority, who controls conditions of the complainant's employment or from a coworker, who as a result of intimidation can make the work environment hostile for the complainant. For more details of the parameters of Gender Harassment see Appendex 1.

(v) Workplace : means the place of work or the premises where an organization/employer operates, this might be specific building, factory, open area or a larger geographical area where the activities of the organization are carried out.

(2) The behavior described in Clause 1 (v) is tantamount to gender harassment and constitutes violation of this Code.

(3) This Code will be applicable to Government employees, private sector organizations, including those in Export Processing Zones, partnerships, educational institutions, non-government organizations and any other registered bodies, and all employees of such organizations/institutions, including the management and the owners of businesses, will abide by this Code.

(4) Violation of this Code shall be considered as "misconduct" under the civil services rules, Esta Code, and West Pakistan Industrial & Commercial Employment (Standing Orders) Ordinance 1968.

(5) The management of organizations mentioned in clause 3 is required to incorporate this Code of Conduct as part of their workplace policy.

(6) The management will conduct awareness sessions about the Code and the consequences of such harassment at workplace for both the affected person and the accused or display copies of this Code of Conduct in English as well as in language understood by the majority of workforce, at conspicuous place in the Organization so that it is read by all staff members.

(7) Management will be responsible to follow this Code in letter and spirit to ensure that each complaint is addressed responsibly. The management will be impartial in the process and will facilitate a just and fair inquiry process without retaliation. The management will not victimize the complainants or the witnesses in the case.

(8) Notwithstanding the applicability of this Code to employees and management of the registered entities, under special circumstances, where while probing the matter of gender harassment, investigation results in the involvement of any close relative or any associated person to the management in committing that act of gender harassment, this Code requires to commence legal proceedings against them at the cost of the management.

(9) Any person who aids or abets and covers the commission of any such act perpetrated by another, without which cooperation it would not have been committed shall also be liable under this Code.

(10) Recurring acts which may have a cumulative effect or a single severe incident would be considered enough to establish gender harassment.

(11) The complainant should inform the accused about conduct constituting gender harassment. It is advisable that records should be maintained in writing, all incidents noting dates, places, descriptions of act, notification to accused and names of those to whom the incident may have been mentioned.

(12) Organizations should form an Enquiry Committee, hereby referred to as the Committee, for the complaints related to Gender Justice. Three members with high credibility, who are sensitive to the issue, should be appointed. At least one member should be a woman. One member could be from the senior management or the directors, one could be a representative of the CBA or in case of no CBA a credible representative of the workers. A member could be from outside the organization. This Committee should be convened on a need basis.

(13) Implementation of the Code

In the interest of the well being of the employees and the employers and to create a work environment free of intimidation and abuse for collective productivity and individual job satisfaction, all the government, semi-government, non-government and private sector organizations are mandated to incorporate this Code as a part of their management policy.

(14) The Ministry of Women Development and the Ministry of Labour will constitute Vigilance Committees to monitor and oversee application of this Code at the District level. Each of these committees will have one representative from Ministry of Women Development, one from Ministry of Labour, one from workers representatives, one representative from employers, one female and one male from civil society organisations. In every province and Federal Capital there should be a Female Officer of not less than Grade-17 as Deputy Director in the Directorate of Labour who should be responsible to assist in the implementation of the Code of Conduct.

Rules will be framed for Vigilance Committee and announced within two months after the approval of the Code by the Cabinet.

MECHANISM FOR EFFECTIVE IMPLEMENTATION OF THE POLICY

A complainant may find it difficult to report gender harassment because of the fear of embarrassment, publicity, economic vulnerability, and fear of retaliation by the accused, co-worker or the employer. The filing of a complaint using the provisions of this Code should also not be seen as detrimental to the image of the company, rather an opportunity to deal with the problem and to restore the confidence of the employees and to indicate that the management takes such complaints seriously and professionally.

The following are the regulations for addressing complaints of gender harassment.

15) Informal Way of Dealing with Gender Harassment At the Workplace

i) An informal approach to resolve a complaint of gender harassment can be through mediation between the parties involved and by providing advice and counseling on a strictly confidential basis .

ii) A staff member can report an incident of gender harassment informally to his/her supervisor, or a member of the Enquiry Committee (described in clause 12), in which case the supervisor or the Committee member can address the issue at his/her discretion in the spirit of this Code. The request may be made orally or in writing.

iii) If the case is taken up for investigation at an informal level, a senior manager from the office or the head office will conduct the investigation in a confidential manner. The matter will be reviewed and the alleged offender will be approached with the intention of resolving the matter in a confidential manner.

iv) If the incident or the case reported does constitute gender harassment of a higher degree and the officer/s reviewing the case feel that it needs to be pursued formally for a disciplinary action, with the agreement of the complainant , the case can be taken as a formal complaint.

Formal Approach

A complainant does not necessarily have to take a complaint of gender harassment through the informal channel. S/he can launch a formal complaint at any time.

16) Launching the complaint

The Complainant can launch the formal complaint through her / his supervisor, CBA nominee or worker's representative, as the case may be or directly to any member of the Enquiry Committee. Whereby the Committee member approached is obligated to initiate the process of investigation. The supervisor shall facilitate the process and is obligated not to cover up or obstruct the inquiry.

17) Procedure of Investigation

In case a complaint is launched against a member of the senior management, no member of the Enquiry Committee should be in a position where they are directly or indirectly reporting to the accused. Assistance in the inquiry procedure could be sought from the Vigilance Committee or the female officer mentioned under clause 14 could also be contacted to assist in such a case.

18) Conducive environment for inquiry

i) The management should do its best to temporarily make adjustments so that the accused and the complainants do not have to interact intensely for official purposes during the investigation period. This would include temporarily changing the office, in case both sit in one office, or taking away any extra charge (over and above his/her contract) which may give one party excessive powers over the other's job conditions. The management can also decide to send the accused on leave, or suspend the accused in accordance with the applicable laws/procedures for dealing with the cases of misconduct, if required.

ii) Retaliation from either party should be strictly monitored. During the process of the investigation work, evaluations, daily duties, reporting structure and any parallel inquiries initiated should be strictly monitored to avoid any retaliation from either side. In case that the senior management has been accused of being a party, it is essential that outside monitoring and control be exercised. The Enquiry Committee can take the help of Vigilance Committee under clause 14.

19) Evidence

i) It is acknowledged that gender harassment usually occurs between colleagues when they are alone, therefore usually it is difficult to produce evidence. It is strongly recommended that staff should report an offensive behavior immediately to someone they trust, even if they do not wish to launch a formal complaint at the time. Although not reporting immediately should not affect the merits of the case.

a) Detailed account of the complainant and the accused form a part of the evidence.

b) Witness statements

c) Statements of persons with whom the complainant might have discussed the incident, statements of persons from whom advice may have informally been sought, should be considered as evidence.

d) Any other documentary, audio or video records can be submitted. Expert technical advice can be sought for such submissions.

20) Inquiry

i) Upon receiving a formal complaint, the Committee shall ask the complainant to prepare a detailed statement of incidents in case the written complaint is not detailed. A statement of allegations will be drawn by the Committee and sent to the accused

ii) The accused will be asked to prepare a response to the statement of allegations and submit to the Committee within a specified time.

iii) The statements and other evidence acquired in the inquiry process will be considered confidential materials.

iv) An officer in the organization could be designated to provide advice and assistance to each party.

v) Both parties, the complainant and the accused will have the right to be represented or accompanied by a trade union representative, a friend or a colleague.

vi) The Committee will organize verbal hearings with the complainant and the accused.

vii) Statement of Complainant will be recorded first in the presence of accused. The accused will then be allowed to cross examine the complainant.

viii) The Committee will take testimonies of other relevant persons and review the evidence. Care should be taken to avoid any retaliation against the witnesses by giving the necessary protection.

ix) The Committee will take the decision after carefully reviewing the circumstances, evidence and relevant statements in all fairness.

x) If the accused being provided fair opportunity to participate in the inquiry and defend him/herself fails to participate in the inquiry, the Committee will conduct the inquiry ex-parte.

xi) The Committee will ensure confidentiality during the inquiry process.

(For more details about reviewing the facts of the case and inquiry time see Appendix 2).

APPENDIX 1

(Sub-Para (v) of Para.1 refers.)

Detailed Definition of Gender Harassment

(1) There are two significant manifestations of gender harassment in the work environment, which are important to describe:

ii) Abuse of authority

A demand by a person in authority, such as a supervisor, for sexual favors in order for the complainant to keep or obtain certain job benefits, be it a wage increase, a promotion, training opportunity, a transfer or the job itself.

ii) Creating a hostile environment

Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an individual's, work performance or creates an intimidating, hostile, abusive or offensive work environment.

The typical “hostile environment” claim, in general, requires finding of a pattern of offensive conduct, however, in cases where the harassment is particularly severe, such as in cases involving physical contact, a single offensive incident will constitute a violation.

(2) The refusal to grant a sexual favor can result in retaliation, which may include limiting the employee's options for future promotions or training, distorting the evaluation reports, generating gossip against the employee or other ways of limiting access to his/her rights. Such behaviour is also a part of the harassment and is covered in this Code.

(3) Passing on pornographic material in print or electronic form, or passing on written offensive messages of a sexual nature would also be considered gender harassment.

(4) Any expression that suggests superiority of one gender over the other should be avoided. Such expressions may include jokes that demean one gender, and unwelcome references to a person's appearance or body, where they cause psychological harassment and serve to deny colleagues their dignity and respect and contribute to an atmosphere in which inequality is emphasized. Such expressions, if persistent, may constitute gender harassment.

APPENDIX 2

(Para 20 refers)

Guidelines for reviewing facts of cases:

1) Gender harassment can include and is not limited to: verbal harassment or abuse, subtle pressure for sexual acts, sexual advances in the pretext of narrating sexual incidents, touching, patting or pinching, leering at a person's body, demanding sexual favors accompanied by subtle or overt threats concerning employment or advancement; and physical assault including rape.

2) ‘Abuse of authority' cases are complex because of power imbalance between complainant and accused, and may require severe disciplinary actions. Such cases could be linked with hiring and firing of employee, promotion, work duties, relocation, leave, training and other aspects affecting employment.

3) Cases which create a ‘hostile work environment' could range from patterns of offensive behavior or single severe incidents of harassment.

4) The above mentioned forms of harassment are not always distinct from each other and can occur simultaneously. Additionally, harassment can happen to men and women at all levels of job hierarchy and between all relationships of equal and unequal power.

5) The harassment can occur outside working hours and workplace. It is the access that a perpetrator has to the person being harassed by virtue of a job situation or relation that is relevant here.

6) To constitute gender harassment, the conduct must be ‘unwelcome'. Exploration of case must consider whether the person indicated advances were unwelcome initially, even if there was subsequent acquiescence.

7) Supervisory employees and co-workers should be asked about their knowledge of alleged harassment. When witnesses are not identified, testimony may be obtained from persons who observed change in demeanor of the charging party after alleged incident. Other persons who the charging party discussed incident with should be interviewed.

8) In appropriate cases, gender harassment determination may be based solely on credibility of complainant's allegation if the account is sufficiently detailed and internally consistent.

9) Lack of corroborative evidence where such evidence should exist would undermine allegation. By the same token, a general denial by the accused will carry little weight when contradicted by other evidence.

10) When dealing with harassment through a series of incidents, the investigator should not consider the series of incidents as specific but should consider the impact of separate incidents as an accumulative case and the work environment may exceed the sum of individual episodes.

11) If other matters surface during the inquiry, they may be reported in inquiry report if relevant or otherwise to separate authorities.

Time of Inquiry

12) The investigation procedure should be completed as soon as possible. The inquiry and the implementation of the decision should not take more than six weeks.

Decision of the Committee

13) After a decision is reached regarding the complaint, the Committee will recommend disciplinary action in case the accused is found guilty. This action can vary from leave without pay to demotion and dismissal from services. The decision will be submitted to the relevant authorities for action and will be binding on them.

14) In case the complainant is in trauma the organization will arrange for counseling and for additional medical leave. This can be suggested as a part of the decision.

15) The organization can also offer compensation to the complainant in case of loss of salary or other damages. The complainant can also be offered compensation if the employer has failed in the duty to prevent gender harassment of the complainant.

16) The Committee should monitor the situation regularly until they are satisfied that the corrective measures have been implemented.

Appeals.

17) The person who has been punished for the misconduct of sexual harassment as defined under this Code of Conduct will have the right of appeal before the Authorities / Courts having jurisdiction to hear the cases of disciplinary action under the Laws applicable to the Organization.

18) The complainant being dissatisfied with the quantum of punishment can also file appeal before the Authorities / Courts having jurisdiction to hear the cases of disciplinary action under the Laws applicable to the Organization.