Anti-Sexual Harassment Policy - Template, Sample Form Pro · PH-law
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ANTI-SEXUAL HARASSMENT POLICY OF
________
(Adopted pursuant to Republic Act No. 11313, otherwise known as the "Safe Spaces Act", its Implementing Rules and Regulations, Republic Act No. 7877, the Labor Code of the Philippines, and the Civil Code of the Philippines)
________ (the "Company"), with principal office address at ________, believes in every person's right to a safe working environment that is free from all manner of harassment and intimidation.
The Company is committed to maintaining a positive workplace free of any sexual harassment. The Company shall not tolerate any form of sexual harassment or retaliation against any victim or witness to an act of sexual harassment by any person within the scope of this Policy.
Sexual harassment is contrary to law and public policy, and all officers, employees, and other covered persons are required to perform their duties in a manner that prevents and discourages sexual harassment in the workplace.
§ 1. SCOPE
1.1. The Company Anti-Sexual Harassment Policy (the "Policy") applies to all officers, employees, applicants for employment, trainees, and interns, whether paid or unpaid, and to all persons who exercise authority, influence, or moral ascendancy over another within the Company.
1.2. The Company recognizes that its officers and employees may be subjected to sexual harassment or related retaliation by clients, contractors, suppliers, visitors, and other persons who transact business with the Company. Under such circumstances, the Company undertakes to support and assist its officers and employees who are subjected to sexual harassment or related retaliation.
1.3. This Policy covers acts committed within the physical workplace as well as any place where acts are committed while travelling on Company business, attending any Company-sponsored training, conference, event, party, or other activity arising from the employment relationship, at any time, including outside of working hours and through online or electronic means.
§ 2. POLICY DECLARATION
2.2. Persons who direct, induce, or otherwise cause another to commit sexual harassment as defined herein, or who cooperate in its commission without which it would not have been committed, shall likewise be in violation of this Policy and shall be subject to disciplinary action.
§ 3. DEFINITION OF SEXUAL HARASSMENT
3.1. The Company adopts the definition of Gender-Based Sexual Harassment in the Workplace under Republic Act No. 11313 (the "Safe Spaces Act") and Republic Act No. 7877 (the "Anti-Sexual Harassment Act of 1995"). Without limiting the foregoing, the following constitute gender-based sexual harassment under Section 16 of the Safe Spaces Act:
(a) An act or series of acts involving any unwelcome sexual advances, requests, or demands for sexual favors, or any act of a sexual nature, whether done verbally, physically, or through the use of technology such as text messaging or electronic mail, or through any other forms of information and communications systems, that has or could have a detrimental effect on the conditions of an individual's employment or education, job performance, or opportunities;
(b) A conduct of a sexual nature and other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically, or through the use of technology such as text messaging or electronic mail, or through any other forms of information and communications systems; and
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile, or humiliating environment for the recipient.
3.2. Sexual harassment is not limited to the physical workplace but also includes any place where acts are committed while travelling for business or attending any Company-sponsored training, conference, event, party, or other activity arising from employment activities or the employment relationship, at any time, including after working hours.
§ 4. DEFINITION OF RETALIATION
4.1. Retaliation includes any act, such as threats, intimidation, reprisal, and/or any adverse effect related to employment or business decisions, that would deter a person from coming forward to make a complaint of sexual harassment, from supporting such a complaint, or from speaking out as a witness in an investigation of a sexual harassment complaint.
4.2. Retaliation includes acts that occur outside the workplace or that are not job-related.
§ 5. DUTY OF EVERYONE TO REPORT
5.1. A person who believes that they have experienced or witnessed any behavior that may constitute a form of sexual harassment or any related retaliation is encouraged to report said behavior to the Committee on Decorum and Investigation, or to a supervisor or manager.
5.2. Reports of sexual harassment or related retaliation must be in writing. Employees are encouraged to use the Complaint Form attached to this Policy when reporting an act of sexual harassment or related retaliation.
§ 6. RESPONSIBILITIES OF SUPERVISORS AND MANAGERS
6.1. If a supervisor or manager receives a report of sexual harassment or related retaliation, or personally witnesses the same, the supervisor or manager is required to report such suspected act to the Committee on Decorum and Investigation. If the employee made a verbal report, the supervisor or manager must encourage the employee to make a written report as provided above.
6.2. Any supervisor or manager who fails to report any suspected case of sexual harassment or retaliation, or who knowingly allows the same to continue, shall likewise be subject to disciplinary action. Consistent with Section 17 of the Safe Spaces Act, the Company shall be solidarily liable for damages where it is shown to have been informed of the act and failed to take immediate action thereon.
§ 7. COMMITTEE ON DECORUM AND INVESTIGATION
7.1. Pursuant to Section 18 of the Safe Spaces Act and Article 138 of the Labor Code, as amended, the Company shall create a Committee on Decorum and Investigation (the "CODI"). The CODI shall investigate and resolve reports of sexual harassment and related retaliation in the workplace.
7.2. Organization
The CODI shall be composed of:
________
7.2.1. A person is disqualified from being a member of the CODI if they have a record of involvement in a sexual harassment case, whether as respondent, defendant, or accused.
7.2.2. The members of the CODI shall be selected by each group through a vote. After the members of the CODI have been selected, each group shall likewise vote for an alternate representative to replace the corresponding representative in the event that said representative inhibits from a case or is otherwise unable to investigate and decide a case.
7.2.3. A member of the CODI must inhibit from any part of the proceedings if they are related to either the complainant or the respondent within the fourth civil degree of consanguinity or affinity.
7.2.4. The CODI shall, at all times, be headed by a woman, and not less than half of its membership shall be women.
7.2.5. All members of the CODI and their substitutes, if already known, shall, as needed, undergo continuous training on gender sensitivity, gender-based violence, sexual orientation, gender identity and expression, and other gender and development topics.
7.2.6. The term of office of its members shall not be more than ________ years. However, elections may be conducted whenever a member of the CODI resigns from the Company or otherwise vacates the position.
7.3. Functions
The CODI shall have the following duties and functions:
(a) Receive all reports and complaints of sexual harassment and related retaliation;
(b) Conduct investigations on reports and complaints of sexual harassment and related retaliation;
(c) Submit its findings and recommendations to management;
(d) Promote a better understanding of this Policy and other anti-sexual harassment laws and prevent incidents of sexual harassment by conducting training, orientations, and other activities, as may be necessary, for officers and employees; and
(e) Disseminate information on sexual harassment.
7.4. Conflict of Interest
A complainant or respondent may request that a member of the CODI inhibit, or a member of the CODI may, on his or her own initiative, inhibit from the investigation and disposition of a case based on conflict of interest, manifest partiality, or other reasonable grounds. If a member of the CODI inhibits, said member may be replaced as provided in this Section.
§ 8. FILING OF COMPLAINT
8.1. Any person who believes that they have been subjected to sexual harassment or any related retaliation may file a written complaint with the CODI. The complaint must be in writing and signed by the complainant. It shall contain a statement of the relevant facts and circumstances surrounding the incident, the date, time, and place thereof, the name of the person or persons complained of, and the names of any witnesses, if any.
8.2. The complainant must submit two (2) copies of the complaint together with all supporting documents and exhibits. The second copy shall be furnished to the respondent.
8.3. Evaluation of Complaint
Upon receipt of the complaint, the CODI shall evaluate the same to determine whether it states a cause of action for sexual harassment or related retaliation. If the complaint is found sufficient in form and substance, the CODI shall proceed with the investigation. If the complaint is found insufficient, the CODI may dismiss it or require the complainant to amend the same within a reasonable period.
8.4. Answer by Respondent
If the CODI finds the complaint sufficient, it shall immediately furnish the respondent with a copy of the complaint and all its attachments. The respondent shall be informed that they may submit an answer to the complaint within three (3) calendar days from receipt thereof.
The respondent must submit two (2) copies of the answer together with all supporting documents and exhibits. The second copy shall be furnished to the complainant. The answer shall contain a statement of the relevant facts, the defenses of the respondent, and the names of any witnesses, if any.
8.5. Reply by Complainant
Upon receipt of the respondent's answer, the CODI shall immediately give one (1) copy of the answer to the complainant, who shall be informed that they may submit a reply. The complainant shall be given two (2) calendar days from receipt of the respondent's answer within which to submit a reply.
The complainant must submit two (2) copies of the reply and all attached exhibits. The second copy shall be furnished to the respondent.
8.6. Hearing or Conference
Upon receipt of the reply or, if no reply has been submitted, after the period for submitting a reply has lapsed, the CODI shall set a date for the hearing or conference. During the hearing or conference, the respondent shall be given the opportunity to further rebut the allegations against them. The parties may, if they so desire, be assisted by their respective counsel.
8.7. Waiver
The respondent's failure to submit an answer and to attend the hearing or conference, without justifiable cause, shall constitute a waiver of the right to be heard, and the complaint shall be decided ex parte based on the evidence available to the CODI.
The complainant's failure to attend the hearing or conference, without justifiable cause, may result in the automatic dismissal of the case.
8.8. Decision
Upon termination of the hearing or conference, the CODI shall submit its investigation report and decision to management through the Human Resource Department for implementation.
A copy of the investigation report and decision shall be furnished to both the complainant and the respondent.
The investigation and decision must be completed by the CODI within ten (10) working days from receipt of the initial complaint.
8.9. Appeals
A party adversely affected by the decision may file an appeal with management within ________ (________) working days from receipt of the investigation report and decision.
The appeal shall be heard and decided within ________ (________) working days from receipt of the appeal.
The decision of management shall be final and is not subject to further appeal, without prejudice to the right of any party to seek redress before the appropriate courts or administrative agencies.
§ 9. CONFIDENTIALITY AND DATA PRIVACY
9.1. All proceedings before the CODI shall be conducted under strict confidentiality.
§ 10. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT AND RELATED RETALIATION
Acts of sexual harassment and related retaliation shall be classified as follows:
1. ________
________
Other analogous cases or acts shall likewise fall under this classification.
2. ________
________
Other analogous cases or acts shall likewise fall under this classification.
3. ________
________
Other analogous cases or acts shall likewise fall under this classification.
4. ________
________
Other analogous cases or acts shall likewise fall under this classification.
5. ________
________
Other analogous cases or acts shall likewise fall under this classification.
§ 11. ADMINISTRATIVE LIABILITIES
11.1. Any person found guilty, after investigation, of sexual harassment and/or related retaliation shall be meted the penalty corresponding to the gravity of the offense, without prejudice to the criminal and civil liabilities imposed under the Safe Spaces Act, Republic Act No. 7877, and the Revised Penal Code, where applicable.
11.2. The penalties shall be as follows:
1. ________
________
2. ________
________
3. ________
________
4. ________
________
5. ________
________
11.3. If a person is found guilty of two (2) or more offenses, the penalty corresponding to the most serious charge or count shall be imposed, and the other offenses shall be considered as aggravating circumstances.
§ 12. INDEPENDENT ACTIONS FOR DAMAGES
12.1. Every person has the right to seek redress from the courts even when steps are taken under this Policy. Nothing in this Policy shall prevent a victim of sexual harassment or related retaliation from instituting a separate and independent action for damages and other relief under the Civil Code of the Philippines and other applicable laws.
12.2. The Company undertakes to support and assist the victim in any independent action they may pursue arising from any sexual harassment or related retaliation under this Policy.
§ 13. INFORMATION DISSEMINATION
13.1. A copy of this Policy, the Safe Spaces Act (Republic Act No. 11313), and its Implementing Rules and Regulations (the "IRR") shall be conspicuously posted in the following place(s):
________
13.2. A copy of this Policy may also be accessed at ________.
13.3. All new Company officers and employees shall receive a copy of this Policy upon the commencement of their engagement.
13.4. Any officer or employee may request a copy of this Policy, the law, and/or its IRR through the following:
________
13.5. If this Policy is amended or modified, all officers and employees shall be given an individual copy of the amended or modified Policy.
§ 14. SEPARABILITY
If any provision of this Policy is declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.
§ 15. EFFECTIVITY
This Policy shall take effect on ________ and shall remain in force until amended or revoked by the Company.
Approved and adopted by:
________
________
________
Date: ________
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