Anti-Harassment Policy (Pakistan)

An Anti-Harassment Policy in Pakistan establishes the framework of rules governing the area it covers and the steps taken when those rules are broken.

The Protection against Harassment of Women at Workplace Act 2010 was enacted by the Parliament of Pakistan as a landmark piece of legislation giving effect to Article 34 of the Constitution of Pakistan 1973 (participation of women in national life) and to Pakistan's obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by Pakistan in 1996. The Harassment Act 2010 defines harassment broadly in Section 2(h) as any unwelcome sexual advance, request for sexual favours, or other verbal or written communication, physical conduct of a sexual nature, or sexually demeaning attitudes causing interference with work performance or creating an intimidating, hostile, or offensive work environment, or the attempt to punish the complainant for refusal to comply with such a request.

Section 4 of the Harassment Act 2010 requires every employer to adopt the Code of Conduct prescribed under the Act and to constitute an Inquiry Committee of at least three members including one woman member for each workplace. The Inquiry Committee is the first forum for receiving and inquiring into complaints of harassment under Section 6 of the Harassment Act 2010. The Federal Ombudsperson — appointed under Section 7 of the Act — is the appellate and supervisory authority, empowered to receive appeals against Inquiry Committee decisions, conduct suo motu investigations, impose penalties on employers who fail to constitute Inquiry Committees or adopt the Code of Conduct, and issue recommendations to the federal government.

The Federal Ombudsperson has issued detailed Guidelines for the Code of Conduct for Gender Justice at the Workplace — a document that every employer covered by the Act must adopt, display at the workplace, and communicate to all employees. The Code of Conduct defines workplace harassment, establishes the complaint procedure, protects complainants from retaliation, and sets out the penalties applicable to persons found guilty of harassment following inquiry. The Code of Conduct must be adopted by the employer in a resolution of the Board of Directors (for companies) or by the head of the organisation, and displayed prominently at all workplace locations.

Provincial legislation supplementing the federal Harassment Act 2010 includes the Punjab Protection against Harassment of Women at Workplace Rules 2012 and parallel rules in Sindh, KPK, and Balochistan — each providing for Provincial Ombudspersons for harassment at workplaces within their provincial jurisdiction. The Punjab Commission on the Status of Women (PCSW) and the National Commission on the Status of Women (NCSW) monitor implementation of the Harassment Act 2010 and publish annual compliance reports. Non-compliant employers are reported to the Federal Ombudsperson for enforcement action.

An Anti-Harassment Policy Pakistan is required for every organisation covered by the Protection against Harassment of Women at Workplace Act 2010 — which extends to all organisations in Pakistan, whether in the public or private sector, that employ women.

An Anti-Harassment Policy is needed when a private company — a manufacturing firm, a technology company, a hospital, a bank, a retail chain, or a media house — employs women in any capacity and must fulfil its statutory obligation under Section 4 of the Harassment Act 2010 to adopt the Code of Conduct, constitute an Inquiry Committee, and display the harassment policy at the workplace. SECP-registered companies and businesses licensed by provincial authorities have an absolute obligation under the Act — there is no minimum employee threshold.

An Anti-Harassment Policy is required when a government department, a federal or provincial ministry, a public sector corporation, an autonomous body, or a statutory authority must comply with the Harassment Act 2010 — which explicitly extends to all workplaces in Pakistan including government offices. The Federal Ombudsperson has conducted compliance audits of federal ministries and has issued show-cause notices to departments found without constituted Inquiry Committees.

An Anti-Harassment Policy Pakistan is needed when an educational institution — a school, college, or university — must address sexual harassment of female students, teachers, and administrative staff. The Higher Education Commission (HEC) has issued guidelines requiring all HEC-affiliated universities to adopt anti-harassment policies under the Harassment Act 2010 and to constitute functional Inquiry Committees. Non-compliance risks derecognition or adverse accreditation outcomes.

An Anti-Harassment Policy is required when a multinational company establishing operations in Pakistan must demonstrate to its global parent, international clients, and ESG (Environmental, Social, and Governance) reporting standards that the Pakistan subsidiary complies with local workplace harassment laws and operates a functional complaint mechanism — a requirement increasingly scrutinised in global supply chain compliance audits.

An Anti-Harassment Policy Pakistan is needed when an employer wishes to protect itself from liability under the Harassment Act 2010 — an employer who fails to adopt the Code of Conduct or to constitute the Inquiry Committee may be held vicariously liable for harassment occurring at the workplace and may face penalties from the Federal Ombudsperson, reputational damage, and civil claims from affected employees before Labour Courts and Family Courts.

An Anti-Harassment Policy Pakistan compliant with the Protection against Harassment of Women at Workplace Act 2010 and the Federal Ombudsperson's Code of Conduct Guidelines must contain the following essential elements.

Scope and Application: A statement that the policy applies to all employees of the organisation — permanent, contractual, probationary, part-time, daily-wage, and apprentice — at all workplace locations, including remote work settings, client sites, field locations, and work-related travel and events. The policy should also extend to interns, trainees, volunteers, and third-party contractors on the employer's premises, consistent with the broad definition of 'employee' and 'workplace' under Section 2 of the Harassment Act 2010.

Definition of Harassment: The definition of harassment as set out in Section 2(h) of the Harassment Act 2010 — covering sexual advances, requests for sexual favours, verbal and written sexual communication, physical conduct of a sexual nature, and sexually demeaning attitudes — reproduced verbatim or in plain language, with examples drawn from the Federal Ombudsperson's Guidelines to assist employees in recognising prohibited conduct. The definition should clarify that harassment may be committed by a person of any gender and may target a person of any gender.

Constitution of Inquiry Committee: Names, designations, and contact details of the three (or more) members of the Inquiry Committee constituted under Section 4(2) of the Harassment Act 2010, including the mandatory woman member. The Inquiry Committee must include at least one senior management representative and one member from a department other than the complainant's department. The policy must specify the process for reconstituting the Inquiry Committee if a member has a conflict of interest with the complainant or respondent.

Complaint Procedure: Step-by-step process for submitting a harassment complaint — the form of the complaint (written complaint to the Inquiry Committee Chair or HR department), the complaint receipt acknowledgement timeline (Section 6 requires the Inquiry Committee to commence inquiry within three days of receiving the complaint), confidentiality protections for the complainant's identity, the right of the complainant to be heard, the right of the respondent to respond and be heard, and the timeline for completion of the inquiry (Section 6 of the Act requires the inquiry to be completed within thirty days).

Protection against Retaliation: A firm statement that retaliation against a person who files a harassment complaint in good faith, participates in a harassment inquiry as a witness, or reports harassment to the Federal Ombudsperson is prohibited and will itself be treated as a disciplinary offence. The Harassment Act 2010's protections are meaningful only if employees believe they can complain without fear of adverse employment action.

Penalties for Harassment: The range of penalties applicable to a person found guilty of harassment following the Inquiry Committee's inquiry — from a written warning, fine, demotion, suspension, withholding of increments or promotion, to dismissal for serious or repeated harassment. Penalties must be proportionate to the severity of the conduct and consistent with the employer's certified Standing Orders under the Industrial and Commercial Employment (Standing Orders) Ordinance 1968. The Harassment Act 2010 additionally allows the Federal Ombudsperson to impose penalties on the employer for facilitating or tolerating harassment.

Appeal Rights: Information on the right of the complainant or respondent to appeal against the Inquiry Committee's decision to the Federal Ombudsperson (or Provincial Ombudsperson where applicable) under Section 6(4) of the Harassment Act 2010, and on the right to challenge the Ombudsperson's order before the President of Pakistan (for federal matters) or the Governor of the relevant province (for provincial matters) under Section 14 of the Act.

Training and Awareness: The employer's commitment to providing regular training — at least annually — to all employees on the anti-harassment policy, the complaint procedure, and bystander intervention skills, and to displaying the Code of Conduct at all workplace notice boards in both English and Urdu. Forms-legal.com provides this Anti-Harassment Policy (Pakistan) template as a compliance starting point. Employers must adopt the specific Code of Conduct prescribed by the Federal Ombudsperson and confirm their Inquiry Committee is formally constituted and operational before any complaint arises.