Workplace harassment remains a pressing challenge in Pakistan, affecting individuals across diverse professions and roles. To address this, the Protection Against Harassment of Women at the Workplace Act, 2010 was enacted, providing a comprehensive legal framework to ensure that employees can work in an environment of dignity, security, and equality.
Definition of Harassment
Under Section 2(h) of the Act, “harassment” includes any unwelcome sexual advance, request for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature, or any conduct that interferes with work performance or creates an intimidating, hostile, or offensive work environment.
The Supreme Court, in Nadia Naz v. President of Pakistan (2021), clarified that the scope of the law also extends to discrimination based on sex, ensuring broader protection under this statute.
Applicability of the Law
The Act applies wherever an employee–employer relationship exists. Importantly, “employee” is defined broadly to include full-time, part-time, contractual, freelance, and voluntary workers, as well as interns, domestic workers, and apprentices. Similarly, the definition of “workplace” extends beyond traditional offices to educational institutions, studios, sports facilities, and even online or remote platforms.
Complaint Mechanisms
Victims of workplace harassment may pursue remedies through two main avenues:
- Civil Complaints → Lodged with the workplace’s Inquiry Committee or directly with the Federal or Provincial Ombudsperson for Sexual Harassment. Proceedings under this mechanism are confidential.
- Criminal Complaints → Where the conduct constitutes an offence under the Pakistan Penal Code (PPC), an FIR may be registered under Section 509 PPC. These cases are tried in open court and carry stricter penalties.
Penalties
The law prescribes a range of penalties, including:
- Minor penalties such as warnings, apologies, or counseling.
- Major penalties including withholding promotions, reduction in benefits, compulsory retirement, or dismissal.
- Criminal liability under the PPC where appropriate.
Conclusion
The Act of 2010 provides employees with a vital safeguard against harassment, while also placing a duty upon employers to establish mechanisms for complaint resolution. Awareness of these rights is crucial to ensuring safe and respectful workplaces across Pakistan.
📌 If you or someone you know is experiencing harassment at work, you may seek legal guidance and support. Reach out to us at @gamesoflaw for assistance in understanding your rights and in filing a complaint.
