In order to shield women from harassment in the workplace, Pakistan passed the Protection Against Harassment of Women in the Workplace Act, 2010 (henceforth referred to as “the Act”). By clearly defining what harassment is, creating complaint mechanisms, and guaranteeing that women are protected from all forms of harassment, discrimination, and abuse, the law seeks to create a safe and supportive work environment for women. The law also contains mechanisms for victim remedies and redress. The main points of the Act, the noteworthy changes made in 2022, and the process for addressing harassment complaints are all described in this booklet. It also discusses the abuse of the legal system and the rights of appeal for those who are impacted.
1. The Protection Against Harassment of Women at the Workplace Act, 2010
The Act1 was introduced to prevent harassment of women in the workplace and to provide an effective remedy for victims. It creates a legal framework to guarantee that women have the right to work in environments free from physical and psychological harassment. The following are the main features of the original 2010 Act: Definition of Harassment: Harassment is defined broadly to include any unwanted behaviour that creates an intimidating, hostile, or offensive environment, including physical acts like assault or unwanted touching, as well as verbal harassment, such as threats, offensive jokes, or unwanted remarks. Harassment Committees: The Act requires the establishment ofEvery workplace with more than five employees should have a complaints committee. The committee is responsible for looking into harassment accusations and must include a minimum of three members, one of which must be a woman
Mechanism for Complaints: If harassment victims believe their workplace committee is unjust or unprepared to respond, they can lodge complaints with the complaints committee or the Ombudsman directly.
Penalties: Depending on the extent of the harassment, the Act specifies sanctions for the offender, which can range from warnings and suspension to termination.
2. The 2022 amendment to the harassment laws
To further improve the protection of women in the workplace, the Protection Against Harassment of Women at the Workplace Act was modified in 2022. The original law was made more inclusive and comprehensive by the revisions, which fixed a number of its flaws.
Important Changes in 2022:
Expanded Definition of Harassment: The 2022 revisions added cyberbullying and online harassment to the definition of harassment. Given the growth of digital communication and the expanding usage of social media platforms in work settings, this is especially crucial.
Protection for Women in Informal Employment
Before the modification, established businesses with formal complaint procedures were the main target of the law. In order to ensure that women who work in less formal circumstances also benefit from the protections provided by the law, the 2022 revisions expanded the protection to include women employed in informal settings, such as domestic labor and part-time jobs.
Harassment Outside of Physical Spaces
The law’s reach was also broadened to include all types of harassment that take place outside of the office, such as when travelling for work, working remotely, or in other work-related circumstances.
Increased Ombudsman Powers: In order to provide women with quicker relief, the 2022 amendments granted the Ombudsman more authority to step in directly and issue protection orders for victims before a thorough investigation is finished.
3. Misuse of the Harassment Laws
While the Protection Against Harassment of Women at the Workplace Act has played an important role in defending women’s rights, there have been worries about the potential misuse of the law. Some people have expressed worries that the harassment clauses can be exploited for nefarious grievances or as a means of pursuing personal grudges. This might result in unfair charges made against coworkers or employers without enough proof.
Possibility of Abuse
False Allegations: Employees or other people with personal complaints against their company or coworkers may occasionally abuse the complaint procedure. False accusations, particularly when there is inadequate evidence, have the potential to ruin the accused party’s reputation.
Excessive Punishments
Because harassment cases frequently include intricate social dynamics, employers or employers’ organizations may feel obliged to take extreme measures, including firing an employee for unsubstantiated allegations, in order to prevent negative public reaction.
Protections Against Abuse
The Act offers protections to guarantee that grievances are supported and fairly examined. These consist of:
Extensive examination
The complaints committee is in charge of carrying out an exhaustive examination of the harassment. assertions, making certain that every fact is considered.
Burden of Proof
The complainant still bears the burden of proof, and in circumstances of harassment, the law requires the presenting of reliable evidence.
Appeal Mechanism: Either party may file an appeal with the Ombudsman or a higher authority if the decision does not favour the accused or the complainant.
4. How to File a Harassment Act Complaint Procedure
The Protection Against Harassment of Women at the Workplace Act, 2010, as revised in 2022, provides a clear process for submitting a harassment complaint.
Step-by-Step Guide
Complaint Submission: The harassment committee at work must receive a written complaint from the harassed party. The complaint could be filed if the committee is thought to be biased and sent straight to an outside agency or the Ombudsman.
Investigation: The Complaints Committee has 30 days from the date of filing to look into the complaint. The accused must be given a chance to explain their position and offer any supporting documentation the committee thinks necessary.
Report and Decision: After the inquiry is over, the committee is required to provide a thorough report that includes conclusions and suggestions. The committee will suggest measures ranging from reprimands to termination if harassment is proven.
Temporary protective: In order to protect the victim while the investigation is underway, the committee or Ombudsman may, if required, offer temporary protective measures, such as a shift in job responsibilities or temporary leave.
Discipline: Should the defendant be determined to have engaged in harassment, disciplinary measures will be suspension, demotion, or termination, depending on how serious the offence was.
5. The Affected Parties’ Right of Appeal
The Harassment Act grants appeal rights to both the accused and the complainant.
Complainant’s Right to Appeal: The complainant has the right to appeal the decision to the Ombudsman if they believe the inquiry was unfair or if they are unhappy with the conclusion. An appeal is a crucial right to pursue justice in situations where the complainant believes the harassment is still occurring or the employer has not taken the proper action.
Accused Person’s Right to Appeal: The accused is also entitled to contest the conclusions or sanctions imposed on them. If they think the sentence is excessive or the investigation was biased, they have the option to contest the ruling in court or before the Ombudsman.
The Ombudsman will re-examine the matter and render a decision in both situations. A party may take their case to the courts if they are unhappy with the Ombudsman’s ruling.
The Protection Against Harassment of Women at the Workplace Act, 2010, along with its modifications in 2022, provides substantial protection for women facing harassment in professional environments. The law has been strengthened to handle new kinds of harassment and offer protection for all women, including those in informal and digital workspaces. Although the law is an essential instrument for protecting women’s rights, it’s equally critical to consider the possibility of abuse and the requirement for an equitable and open and honest investigation procedure. The right to appeal guarantees a fair and impartial administration of justice by providing a channel of recourse for both the accused and the complainants.
- Protection Against Harassment of Women at Work Act, 2010; Harassment Law Amendments, 2022, Pakistan. ↩︎