Workplace Harassment: Legal Protection and Complaint Process in Pakistan

Learning and Resources
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Harassment at the workplace severely impacts an employee’s dignity and productivity. Recognizing the gravity of this issue, Pakistan enacted The Protection Against Harassment of Women at the Workplace Act, 2010 to provide legal safeguards for both men and women in all organizations—public, private, or non-profit.

What is Harassment?

As defined in Section 2(h) of the Act, “harassment” includes unwelcome sexual advances, requests for sexual favors, verbal or written communication, or physical conduct of a sexual nature. It also covers the creation of a hostile or intimidating work environment, discrimination, and retaliatory actions linked to complaints.

Who Can File a Complaint?

Any employee—male or female—can seek protection under this law if harassed in the workplace.

Step-by-Step Complaint Process

  1. Internal Complaint (Inquiry Committee):
  • Every organization is required to set up a 3-member Inquiry Committee (with at least one female member).
  • A complaint must be filed within 30 days of the incident.
  • The committee conducts an inquiry within 30 days, ensuring both parties can submit evidence and present their case.
  • Findings are submitted to the employer within 7 days after the inquiry concludes.
  1. Penalties:
    If harassment is proven, penalties may include:
  • Apology.
  • Withholding of promotion or salary increment.
  • Demotion or termination.
  • Imposition of a fine.Both parties have the right to appeal the decision within 30 days to the competent authority.
  1. Ombudsman’s Role:
  • If the internal mechanism fails or the victim is dissatisfied, they can approach the Federal or Provincial Ombudsman for Protection Against Harassment.
  • The Ombudsman investigates, holds hearings, and imposes penalties where appropriate.
  1. Criminal and Civil Action:
  • Victims can also initiate civil proceedings or register criminal cases under sections like PPC Section 509 (insulting the modesty of a woman) or other relevant provisions.

Important Case Laws

  1. Ms. Saba Asghar v. Federation of Pakistan & Others (2013 PLC (C.S.) 1318):
    The Lahore High Court highlighted the need for organizations to comply with mandatory requirements under the Act, including setting up inquiry committees.
  2. Dr. Shazia Naz v. WAPDA & Others (2018 PLC (C.S.) 102):
    The court upheld penalties imposed by the Ombudsman and reiterated the protection of complainants from workplace victimization.
  3. Mst. Sobia Nazir v. PIACL & Others (2019 PLC (C.S.) 340):
    The Islamabad High Court clarified that both men and women are equally protected under the 2010 Act, ensuring gender-neutral applicability.

Employer’s Obligations

  • Display the Code of Conduct in prominent areas of the workplace.
  • Set up and maintain a compliant Inquiry Committee.
  • Create a harassment-free work environment.

Protection for Complainants

Victims and witnesses are legally protected from retaliation or further victimization after lodging a complaint.

Your Legal Assistant – Bahaq

If you’re facing workplace harassment or need legal advice on how to file a complaint:

  • Use Bahaq’s case law search to find more relevant judgments.
  • Upload your documents for review to check if your evidence supports your claim.
  • Get expert assistance with complaint drafting and follow-up legal steps.

:backhand_index_pointing_right: Join the conversation on Bahaq’s forum to share experiences, seek guidance, or learn from other professionals about workplace rights and protections. Together, let’s ensure a safer work environment for all.