The legal framework for workplace harassment in Pakistan has been significantly strengthened by the Protection against Harassment of Women at the Workplace (Amendment) Act, 2022. Defining Workplace Harassment
Harassment constitutes any unwelcome sexual advance, request for sexual favors, or other verbal, written, or physical conduct of a sexual nature. It also includes “sexually demeaning attitudes” that create an intimidating, hostile, or offensive work environment or interfere with an individual’s work performance.
Applicable Laws (Updated 2022–2026)
- The Protection against Harassment of Women at the Workplace Act, 2010 (Amended 2022): The primary civil law governing professional conduct and employer responsibility.
- Section 509, Pakistan Penal Code (PPC), 1860: The criminal statute addressing the insulting of modesty or causing sexual harassment in any space, including workplaces.
- Provincial Amendments: Various provinces have adopted the 2022 federal improvements to ensure consistent enforcement across Pakistan.
How to Avail Remedy
Under the law, every organization is mandated to have a visible Code of Conduct and a clear reporting mechanism. Survivors can pursue two primary paths:
- Internal Inquiry Committee: Every organization (public or private) must constitute a three-member standing committee (with at least one woman). A written complaint can be submitted directly to this committee.
- The Ombudsman: If a survivor is unsatisfied with the Internal Committee’s decision, or prefers to bypass it, they can file a complaint directly with the Provincial or Federal Ombudsman (Mohtasib). This applies to both government and private sector employees.
- Criminal Prosecution: A complaint can also be filed with the police under Section 509 of the PPC for criminal proceedings.
Penalties and Punishments
The law distinguishes between administrative “Minor” and “Major” penalties, as well as criminal sentences.
Administrative Penalties (Workplace Act):
- Minor Penalties:
- Censure: Official formal reprimand.
- Withholding: Delaying promotion or increments for a specific period.
- Stoppage: Halting professional advancement at a specific pay scale.
- Fine: Financial compensation paid directly to the survivor.
- Major Penalties:
- Reduction: Demotion to a lower post or pay grade.
- Compulsory Retirement: Forced exit from the organization.
- Removal/Dismissal: Termination of service; dismissal typically carries a permanent bar from future government employment.
Criminal Penalties (Section 509, PPC):
- Imprisonment for a term which may extend to 3 years, a fine of up to Rs. 500,000, or both.
Employer Responsibility
It is a legal requirement for employers to display the Code of Conduct prominently in the workplace. Failure to constitute an Inquiry Committee can lead to the employer being fined up to Rs. 100,000 by the Ombudsman.