[TO BE INTRODUCED IN THE NATIONAL ASSEMBLY] A BILL to provide for prevention of harassment at the workplace and to provide a secure

working environment for men and women workers. WHEREAS Islam and the Constitution of the Islamic Republic of Pakistan aim at elimination of all forms of exploitation, protection of body, liberty, reputation and dignity of men and woman and safeguard against discrimination based on gender. Further recognize the principles of equal opportunity and right to earn a livelihood without fear of abuse and harassment; it is, therefore, necessary and expedient to provide a law for guaranteeing safe work environment and eliminating discrimination. Now thereof it is enacted as under: 1. Short title and commencement.- (1) This Act may be called the Prevention of Harassment at Workplace Act, 2008 (2) It extends to the whole of Pakistan; and (3) It shall come into force at once. 2 Definition: - (1) In this Act, unless there is any thing repugnant in the subject or context, the following expressions shall have the meanings respectively assigned to these, that is to say: a) Accused means the employee or employer against whom an allegation of gender harassment or hostile environment is made, or is being investigated under this Act; b) Code means the Code of Conduct for Prevention of Harassment at the Workplace formed by the Federal Government under this Act: c) Committee means a Gender Justice Committee constituted under this Act;

d) Employee includes a person who is employed by a person on permanent or temporary basis and it includes daily wagers, part-time workers, contract workers etc; e) Employer means a person who employs an employee and it includes the management of the concern of the employer or the designated competent authority;
f) Gender Harassment includes any unwelcome sexual advance, request for sexual favour or other verbal or physical conduct of a sexual nature, causing interference with work performance, or creates an intimidating or offensive work environment which interferes with work, productivity or general sense of well-being of employees or is made a condition of employment ;

-: 2: Explanation: - Gender harassment may include one or more of the following: i. ii. iii. iv. v. vi. unwanted physical contact ranging from unnecessary touching, patting, pinching, brushing against a persons body ; subtle pressure for sexual activities ; displaying sexually explicit, pornographic or suggestive etc pictures, posters, cartoons etc; non-verbal crude sexual gestures; sexually explicit cards, notes, text correspondence; messages or other written

denying a qualified employee a promotion opportunity or benefit as he or she had refused to submit to any act constituting sexual harassment; and

vii. sexual coercion through the use of threats or bribery. g) Hostile Environment includes vulgar jokes, taunts and other sexually charged comments or sexist remarks that are demeaning to the dignity of human beings; Explanation :- Hostile Environment may include the following: i. ii. iii. iv. v. vi. (5) verbal harassment of a sexual nature like sexually explicit, or sexually discriminatory remarks; suggestive remarks, innuendoes or lewd comments; seductive behaviour; derogatory statements, whistling etc; leering (excessive staring) at certain parts of a persons body; pressure for social activity outside the workplace;

Members of the Committee shall not necessarily be from the employees of the employer.

6, Complaint to Gender Justice Committee :- (1). An employee may complain, orally or in writing, an incident of gender harassment or hostile environment to the Committee; (2) If an aggrieved person prefers a criminal complaint to the Magistrate, then the complaint shall not be filed before the Committee; (3) If the report is against any member of the Committee, then the Committee shall be reconstituted excluding that member; (4) The Committee, on complaint, shall immediately enquire into the matter and shall give, in writing, its findings with clear recommendations to the employer within fifteen days of the complaint; (5) The Committee shall hear all parties concerned including the accused and shall record oral evidence with cross examination;

-: 3: (6) The employers shall make adjustments so that the accused and the complainant do not have to interaot intensely for official purposes during the enquiry; (7) The employer may, on the recommendation of the Committee, decide to send the accused on forced leave, or suspend the accused in accordance with the prevailing laws; (8) Retaliation from the accused against the complainant or the witness shall be strictly checked by the Committee; (9) The Committee shall enquire into the matter in a confidential manner without any publicity; (10) The Committee may recommend any minor or major penalty provided in any law for the time being in force to the person who has been found guilty of workplace harassment and adequate compensation to be paid to the aggrieved person; (11) The employer shall enforce the findings of the Committee within fifteen days of the submission of its findings by the Committee; 7. Misconduct:- (1). Violation of this Act and the Code of Conduct for Prevention of Harassment at Workplace shall be considered as misconduct under the prevailing civil service and labour laws. 8. Penalties:(1) Any employer who fails to adopt the Code of Conduct for Prevention of Harassment at Workplace and gender harassment and hostile environment, shall be punished with a fine which may extend to fifty thousand rupees or, in default of payment thereof, with imprisonment which may extend to three months and, in the case of a continuing offence, with a further fine which may extend to five thousand rupees for every day; (2) Any person found guilty of creating a hostile environment shall be punished with an imprisonment which may extend to six months or with fine which may extend fifty thousand rupees or, in default of payment thereof, with imprisonment which may extend to three months; (3) Any person found guilty of gender harassment shall be punished with an imprisonment which may extend to one year or with fine which may extend to one hundred thousand rupees, or default of payment thereof, with imprisonment which may extend to six months; (4) Any person who makes a false complaint under this Act, shall be punished with the imprisonment or fine as provided in the Act for the alleged offender; (5) Any person who aids or abets to cover the commission of any offence under this Act, shall also be liable like the perpetrator of the offence. 9. Cognizance of Offence:- (1) No court shall take cognizance of any offence punishable under section 7 of this Act except upon a written complaint by the aggrieved person to a Magistrate having jurisdiction of the local area; (2) (3) The offence may be tried summarily; The offences shall be bailable.

-: 4: 10. Appeal :- (1). An appeal against an order passed by the committee under section 5 shall lie before Executive District Officer (Community Development) who shall decide the appeal within thirty days of filing of the appeal; (2) An appeal against an order passed by the Magistrate shall lie as per provisions of the Code of Criminal Procedure 1898 and the said appeal shall be decided within two months of the filing of the appeal; 11. Rules:- (1) The Federal Government may, by official notification, prescribe Rule under the Act; (2) The Federal Government shall develop the Code of Conduct for Prevention of Harassment at Workplace which shall be mandatory for all employers. STATEMENT OF OBJECTS AND REASONS The purpose of this Bill is to ensure a work environment where women and men can feel safe at work and to have fair accountability system for any gender harassment or abuse at the workplace. Sd/Dr. Attiya Inayatullah Begum Shahnaz Sheikh Miss Marvi Memon Mrs. Bushra Rahman Dr. Donya Aziz, Members, National Assembly