Co-funded by the European Union

Pakistan: updated workplace harassment law

 

The law will not only protect individuals against workplace harassment of a physical nature but will also cover other forms of harassment as well as gender discrimination at the workplace. Indeed, it sets out an expanded definition of harassment that includes “discrimination on the basis of gender, which may or may not be sexual in nature.”

The law also extends protections against harassment and violence to students, a category excluded by the previous law. It brings the definition closer to the one set out in the 2019 International Labour Organization (ILO) Violence and Harassment Convention (C190), which Pakistan has not ratified.

Another notable change is the expansion of the definition of an employee, that is no more only who signed a contract with an employer or organisation but also domestic and informal workers that represent the 70% of the workforce in Pakistan. The new law also includes gig workers, temporary, part-time, freelance employees, trainees, domestic workers, home-based workers, and apprentices.

The law widens the definition of the workplace, now considered as any place where an employee goes to work. Accordingly, the amended law will ensure the protection of athletes at their workplaces, as well as artistes, performers, actors, and singers.

According to its Statement of Objects and Reasons, the bill aims to facilitate increased participation of women in the workforce by removing the lacuna present in the existing law. The statement adds, “Through its amendments, protection from harassment shall be provided to people engaged in all types of work - formal and informal. The amendment bill will also provide clarity with respect to various kinds of harassment that take place at the workplace.

Employers are required by law to have a committee on sexual harassment and to put up in the workplace a code of conduct for employees to define what may be considered sexual harassment.