“Policy and Strategy for Protecting Women Employees from Possible Sexual
Harassment” to Create Favorable Environment in the Workplace
Palli Karma-Sahayak Foundation (PKSF)
1. "PKSF” means Palli Karma- Sahayak Foundation.
2. Board means the "Governing body" of PKSF.
3. "Chairman" of the board and president of the Board of Directors of PKSF that means.
4. "Managing Director" means the chief executive officer of PKSF.
5. "Authority" means the Managing Director of PKSF or any employee and/or committee
authorized by him.
6. "Employee" means all regular and temporary (Project/contractual/dailybasis) officers/staff
of PKSF.
7. “Working Day" means, except public holidays and other days declared as holiday.
8. “Service Period" means that period employee shall be paid for their servicing.
9. “Charged”, which means that the employee initially be filed against any of the activities
have been initiated in accordance with rules and discipline.
10. “Complain Receiving committee" - the committee formed by the Board of Directors of
PKSF to provide protection any type of workplace harassment of women employees.
“Policy and Strategy for Protecting Women Employees from Possible Sexual
Harassment” to Create Favorable Environment in the Workplace
1.0 Background
Constitution of Bangladesh has provision to guarantee equal rights of all her citizens in order to
protect their rights regardless of gender. In 1984 the Government of Bangladesh (GoB) ratified
the charter of the United Nations Convention of the Eliminating of All Forms of Discrimination
against Women (CEDAW). It recognized all sorts of discrimination free opportunities including
equal rights for men and women, right to get employed, right to choose profession or
employment, right to get promoted with job security. Bangladesh endorsed the International
Labor Organization (ILO) Convention to ensure equal opportunities in the workplace. The GoB
acknowledged the protection of women's rights in relation to the Goal 3 (Promote Gender
Equality) of the Millennium Development Goals (MDGs). In reality, the discrimination to women
still exists and at their workplace, women are being subject to sexual harassment in different
ways. In this context, the Honorable High Court Division delivered a milestone judgment through
certain directives to keep the workplace free from all sorts of sexual harassment as preventive
measures.
At present, female employees are working in various mainstream programs and projects of Pailli
Karma-Sahayak Foundation (PKSF). PKSF believes in gender equality in the workplace and
empowerment of women. Besides, it is committed to ensure the establishment of rights of
women employees. In accordance with the section 9 of the judgment by the Honorable High Court
Division for creating sexual harassment free educational institutions and workplaces, PKSF, as per
decision made in its 193 th Board Meeting held on November 10, 2014 , has formed “Policy and
Strategy for Protecting Women Employees from Possible Sexual Harassment” for creating
favorable environment in the workplace by receiving instituting a system of complaints related to
sexual harassment, undertaking investigations and recommending punishment.
2.0 Policy Goal
The main objective this policy is -to ensure sexual harassment -free working environment for
female employees of PKSF.
3.0 Behaviors to be considered as Sexual Harassment
Sexual harassment means, any kinds of sexual abuse which related to physical and psychological
torture, that seems sexual harassment to the complainant or the victim and status of women in
the workplace become beyond prejudicial. Following behavior will be considered as sexual
harassment in this case:
a) Establish or try to establish sexual relationship with the employee by the use of
institutional and professional capacities through false promises or by fraud, intimidation,
with a view to affect the employees dignity / service / promotion / loss of career influenced
by the direct or indirect use of sexual behavior / scare / intimacy / show kindness towards
the employee;
b) Unwanted sexual behavior ( direct or implied ) as obscene gestures / suggestive language or
comments or physical touching or similar efforts;
c) Statement of sexual harassment or oppressive;
d) Displaying pornography / sex indicative objects ;
e) Use of obscene gestures, language or comments or to follow individual undetectively for
sexual harassment or offence to any individual, or use of slang joke or sex indicative taunt;
f) Displaying or storing sex indicative writings in the form of letters, pictures, cartoon in
notice boards, chairs, tables or bathroom walls;
g) To capture still images or video clips with an intention to blackmail or defame;
h) Bound to refrain from participation in the organizational activities due to sexual
harassment;
i) Impose threats or pressure in response to rebuffed love proposal or establishment of sexual
relation; and
j) Sending sex intended written statements or electronic messages (telephone, mobile, sms,
e-mail, etc.).
4.0 Creating Consciousness and Public Awareness
PKSF will undertake the following steps, to ensure sexual-harassment-free, healthy and humane
working environment for women employees through increasing sexual harassment related
consciousness and public awareness:
a) The relevant authority will put great emphasis to create gender discrimination, sexual
harassment and repression-free working environment at all levels of PKSF's employee.
Accordingly following activities, along with other things, can be taken :
I.
Behavior related to sexual harassment and abuse that have been referred to Article
3 of the policy should be broadcasted and published;
II.
Punishment related to sexual harassment as per laws and legislation are widely
published;
III.
Fundamental rights of women employee as per constitution and statutory
regulations should be published in noticed from in simple language;
IV.
Publication of booklet on gender equity and sex offence as per constitutional
directives ; and
b) As a part of the institutional culture of PKSF, the newly appointed employees will be
introduced to this policy after their joining in PKSF. Besides all level of mainstream and
project employees will be briefed on the scope of this regulation once a year.
5 .0 Preventive Actions
Authority and the person in charge will take effective steps to prevent sexual harassment in the
workplace. In addition to other steps they will take steps as follows:
a) Ensure that the working environment is not hostile to women and is to build on trust and
confidence among the female employees that they are not in any odd situation compared
to their male colleagues;
b) Ensuring abidance of PKSF Service Rules-2014 by its employees without affecting working
environment. Every employee should behave in accordance with local, social, cultural and
religious values;
c) Adherence to “Policy and Strategy for Protecting Women Employees from Possible Sexual
Harassment” and “Gender Policy” for creating favorable environment in the workplace;
and
d) Ensuring conducive transport and accommodation for female employee of PKSF during
their official visits at Partner Organizations.
6. Complain
The conducts described in paragraph 3 of this policy, as well as the crimes of sexual behaviors that
are not included in this policy, subject to that a woman wants to have the ability to take it and the
following matters should be considered in this regard:
a) Submission complain to the Complain Receiving Committee ;
b) Identity of the complainant and the accused person will be kept secret until settlement of
the case; and
c) Ensure harassment-free work environment for the complainant by the relevant
authorities.
7.0 Complain Receiving Committee
a) To form a committee in the workplace by the relevant authority for receiving complaints,
conduct investigations and make recommendations;
b) The committee consists of five ( 05 ) members and majority will be women;
c) Out of five members three will be from PKSF and rest two members shall be designated
officials from outside organizations working for gender and sexual violences.
8.0 Operations of ' Complain Receiving Committee'
According to Article- 3 if any occurrence happened relating sexual harassment the complainant
submits his/her complain to the `Complain Receiving Committee' within 30 working days from the
date of occurrence. However, in exceptional case an offense can be taken into consideration after
an acceptable period of time lap. To verify the truthfulness of the complain the `Complain
Receiving Committee' must go through the followings:
a) In case of all complains `Complain Receiving Committee' will conduct an investigation into
the allegations made during the period ;
b) However, if any complain seems less grievance to the `Complain Receiving Committee',
without investigation the committee will settle the complain with the consent of both
parties. A report will be submitted by the committee to the appropriate authorities
regarding this issue;
c) `Complain Receiving Committee' shall send the notice to both parties (complainant and
accused) by hand if necessary through registered post. Committee shall have the authority
to conduct hearings , evidence collection and monitoring of all relevant documents;
d) Unless grievance harassment all other complain shall be proved by oral evidence in
addition to the situational evidence. All departments of PKSF shall have to co-operate the
committee to conduct their duties. Committee will hide the complainant's identity. During
examining, may not asked any questions or may not show appearance to complainant
which intentionally insulting and harassing behavior;
e) In any circumstances, without the permission of the abused/complainant, the committee
will not disclose it to anyone other than the persons concerned until proven the alleged
evidence;
f) Considering the social status and security of the abused person highest priority should be
given to ensure the confidentiality and safety. Ensure maintenance of confidentiality
during investigation;
g) If the complainer wants to withdraw his/her complaint or wants to stop the investigation
in written form, the complainant shall mention the due reason in his /her statement;
h) `Complain Receiving Committee' shall submit the report along with their
recommendations to the appropriate authority. If needed, authority may increase this
period of investigation from 30 working days to 60 working days;
i) If it is proved that the complaints, in any manner, were fabricated, the committee shall
recommend the relevant authorities to take necessary actions against the complainant for
appropriate punishment. In that case, the decision shall be taken on the basis of majority
opinion of the committee;
j) Presence of two-third members along with the head is necessary to fulfill the quorum of
the committee where the presence of an external member is obligatory;
k) In accordance with the importance and necessity of the complaint, a meeting shall be
called at any time to take necessary measures by the committee.
l) The committee shall be liable to the Managing Director and the Managing Director to the
Governing body regarding all activities.
9.0 Complaint Submission
a) All levels of women employees of PKSF whom are harassed sexually being able to make a
complaint by herself or letter itself or through a lawyer to the president of the Committee
in written from. Complaint shall be recorded in a register and a receipts copy will be
provided to the complainant / the person on behalf of the committee ;
b) Member Secretary will preserved the received complaint with the approval of the
Committee Chairman;
c) the complainant can present his /her complaint individually prior to formal submission of
the complaint to women members of the Committee;
d) In urgent cases, if necessary, the complainant can complain verbally to the head or other
members prior to written submission to the head of the committee. Considering the
complaint levels Committee head will convene a meeting urgently to take next necessary
steps.
10.0
Information Required for Complain Submitted
The complainant must have to specify the detail incidents during submission of the complain to
the committee. Additional documents and relevant information should be delivered with the
charge sheet, if any. Complaint letter must contain the followings:
a) The name of the complainant / complainant has alleged on behalf of his/her name;
b) Name of the accused person with his/her designation;
c) The date and place of the occurrence of events;
d) Details of the incident;
e) The names of witnesses , if any;
f) The names of personnel involved in this incident , if any;
g) Additional information and evidence , if any; and
h) The date of the complain submission and signed by the complainant.
11.0
Punishment
11.1
If the accused is found guilty of sexual abuse, the authority will consider receiving the
recommendations of the Committee. Within 30 working days of complain submission, a
show cause notice will be issued and appropriate punishment will be declared as per
regulation under the Service Rules- 2014 of PKSF;
11.2
The complainant can go to relevant court or tribunal for necessary action if the offence
falls under Panel Code or conventional law of the country.
12.0
Miscellaneous
12.1 All employees of PKSF will be within this policy;
12.2
If there any ambiguity in the implementation of the policy Managing Director of PKSF's
decision will be the final.