Part B: Preventing and addressing sexual harassment and violence Part B

in the workplace: practical strategies

Briefing 7.1 – Creating inclusive and dignified workplaces,

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including safe spaces for reporting and effective
mechanisms for seeking redress

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1. Introduction Human resource policies and procedures are
important to ensure that:

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99 Managers and supervisors have a responsibility
Summary of key points to create a working environment free of sexual
harassment – for the dignity and protection of
„„ Governments, employers’ and workers’ workers as well as for productivity.

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organizations and NGOs increasingly recognize
that sexual harassment needs to be addressed 99 National laws on gender-based violence and
through workplace policies and complaints sexual harassment at work are implemented.
procedures, including the establishment of
collective bargaining and sexual harassment 99 Managers, supervisors and workers are trained,

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complaints committees. informed and understand the types of behaviour
„„ Workplace policies have a key role to play in that constitute sexual harassment and have
preventing sexual harassment from occurring but clear responsibilities about how to prevent it.
also in providing effective remedies when a worker
is victimized. Social dialogue is important. 99 There is understanding of why certain workers

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are particularly vulnerable to sexual harassment,
including casual workers, migrant workers and
Module 5 looked at the role of managers and young workers.
supervisors in preventing and responding to sexual
harassment in the workplace. This briefing looks 99 Workers understand their rights and how to

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further into the specific tools that can be used to complain and find support, if necessary.
embed policies and practices for workplaces free
from sexual harassment, including: 99 Workplaces have confidential complaints
systems, designed to deal with sensitive issues
1. Human resources procedures and policies of sexual harassment.
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2. Sexual harassment policies covering complaints 99 Freedom of association, the right for workers
and redress to be represented by trade unions and bargain
collectively are embedded in company policies.
3. Sexual harassment committees
99 Workplace policies cover transportation and
4. Setting up and running hotlines accommodation provided by the employer.

While large companies usually have human resources

2. Human resources policies and policies and procedures in place, often led by a
CONTENTS

human resources manager, many suppliers producing

procedures goods in global supply chains are small factories and
farms where the owner may be the manager. In some
Suppliers need to have human resources policies and cases the supplier factory or farm has been sub-
procedures if they are to create a positive working contracted by a larger company to complete an order.
environment for their employees, retain and value
workers and prevent sexual harassment.

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Part B Gender-based violence in global supply chains: Resource Kit

Suppliers can gain a better understanding of their work. The aim is to identify what needs to be done,
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labour force through a simple gender audit. This for example, to make progress in implementing
could be a valuable foundation for preventing and legislation on sexual harassment in the workplace.
eliminating sexual harassment. A gender audit is a
management and planning tool to evaluate how the Some sample questions to include in a gender audit
organization integrates a gender perspective into its on sexual harassment can be found below.
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Existing Areas
measure to work on
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What measures are already in place for protection from sexual

harassment and violence at work?

How is sexual harassment defined?

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What preventive measures are in place?

What is the complaints procedure and is there a complaints officer?

What protection and support is given to victims?

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What sanctions exist for perpetrators?

What supportive initiatives such as training programmes exist to raise

awareness about sexual harassment?
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A starting point is to examine where women and men 3. Sexual harassment policies
work and their pay and conditions:
Dealing with sexual harassment and violence is
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„„ Gender composition of the workforce: the different more complex and sensitive than most workplace
jobs held by women and men (e.g. managers, issues. Sexual harassment and violence needs to
supervisors, different categories of production be handled with the upmost sensitivity and in strict
workers). confidentiality. Complaints that become public may
„„ Skills and training: the skill levels (and training) have life-changing consequences for the complainant
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required for each job, by gender, including skills – in some countries this could damage victims’
training offered to workers, supervisors and marriage prospects and cause lasting reputational
managers to upgrade their skills. damage for the victim’s family.
„„ Contracts of employment: what is covered in
contracts of employment and who (by grade and Developing and fully implementing a sexual
gender) holds a permanent or temporary contract. harassment policy can help prevent sexual harassment
„„ Sub-contracting: what policies or codes of and violence. Lead companies may have existing
conduct exist for sub-contracting, how are they sexual harassment policies and these can be referred
maintained and monitored? Gender of workers to as a basis when contracting services to suppliers.
who are employed on a sub-contract. For example, suppliers’ contracts might require
„„ Potential ways to work in partnership with local that a sexual harassment policy has been drawn up
trade unions and women’s organizations to identify in consultation with workers and their unions, and
and detect sexual harassment in the workplace. that workers have been trained and provided with
accessible information about the procedures.

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 Part B: Preventing and addressing sexual harassment and violence Part B
in the workplace: practical strategies

Tool 3: Tips for employers and 99 Ensure the policy covers all employment

MODULE 1
situations related to the world of work, including
workers’ representatives on transportation and accommodation provided
drawing up a sexual harassment by the employer, social events organized by
the employer, training events and work-related
policy phone calls, emails and social media.

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Consultations 99 Set out the procedures and disciplinary measures
99 Consult with workers, the labour management for dealing with sexual harassment complaints,
committee, local trade unions and local women’s emphasizing the importance of confidentiality
organizations prior to drawing up a policy. and impartiality.

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99 Set up a task team to develop an action plan 99 Make sure all employees are covered, including
for a workplace sexual harassment committee, casual and part-time employees.
including training for members of the committee.
Make sure the policy is accessible and available to

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99 If an existing labour management committee everyone
exists, establish a task team on sexual harassment. 99 Provide all employees with clear information
about what constitutes unacceptable workplace
Establish a sexual harassment committee behaviour and the potential consequences for
99 Clarify membership, function and role of a perpetrators of abusive behaviour or sexual

MODULE 5
workplace sexual harassment committee. harassment.

99 Committees should include a trade union 99 Ensure that everyone in the workplace knows
representative, where there is a trade union. about the policy. It should be distributed in the
languages that workers read and provided in

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99 Advice and support for committees can be an accessible format with pictures. The policy
sought from a local business association, trade should be displayed with help-line numbers in a
union or women’s organization. (See Section 4 prominent place and set out on cards/flyers that
below for further information on setting up a can be read away from the workplace.
sexual harassment committee).

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99 Workers, including contractors and sub-
Training contracted workers, should be asked to sign a
99 Provide regular training for all members of the copy of the policy and confirm that they have
sexual harassment committees and specialist seen and understood the contents.
training to the members who investigate
MODULE 8
complaints. Government agencies and employers have a key role to
play in raising awareness about the implementation of
Drafting a sexual harassment policy legislation to prevent and address sexual harassment.
99 Refer to model sexual harassment policies and For example, in Pakistan, the 2010 Protection
procedures and consider what is appropriate for against Harassment of Women at the Workplace Act
the particular workplace. (See link to sample places a responsibility on employers to create a safe
sexual harassment policies below). working environment for women workers, including a
workplace policy and complaints system.
99 Draft a clear statement that the company does
not tolerate violence, abuse or sexual harassment ÂÂRefer to Case Study 7.1: Employers in Pakistan
CONTENTS

– and that it could be a disciplinary matter. committed to implement Protection against

Harassment of Women at Workplace Act
99 Provide a clear definition of sexual harassment 2010, as an example of awareness-raising with
and other forms of violence in the workplace. employers organizations in Pakistan.

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Part B Gender-based violence in global supply chains: Resource Kit

Five sample sexual harassment policies can be found However, there are many challenges to be overcome
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in Information Sheet 6 (see below). They illustrate in setting up and making committees visible and
examples of model clauses and procedures that can be effective. Multi-stakeholder initiatives such as FWF,
included in workplace policies on sexual harassment. ETP and ETI have found that most suppliers do not
The sample policies follow a similar format: a) in have internal complaints committees that deal with
defining sexual harassment, b) in setting out the sexual harassment, and where they do exist workers
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company’s commitment to end sexual harassment, are often not aware of them. High turnover of workers
and c) listing the responsibilities of employers and presents challenges to training committee members.
workers in implementing the policy. The four sample A further problem is that some factories and farms
policies are: employ workers through sub-contractors, particularly
when there is a peak in orders. These workers often
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„„ Viet Nam Code of Conduct on Sexual Harassment do not have contracts of employment and are not
in the Workplace (Ministry of Labour, the Viet covered by internal complaints procedures.
Nam Chamber of Commerce and Industry and the
Viet Nam General Confederation of Labour)
„„ Sample sexual harassment policy and procedure Workplace Internal Complaints Committees (ICC)
MODULE 4

(International Trade Union Confederation) on sexual harassment are required in India by

„„ Sample sexual harassment policy (Klosters the Sexual Harassment of Women at Workplace
Brothers, South Africa -Ethical Trading Initiative Act, 2013 and a Bangladeshi High Court ruling
/ WIETA) recommends factories establish Anti-Harassment
„„ Sample sexual harassment policy: ILO Pacific Committees (AHC). In India, the legislation requires
MODULE 5

Region that ICCs include a senior woman manager and a

member from an NGO or association “committed
For the text of the four sample sexual harassment to the cause of women or a person familiar with
policies refer to Information Sheet 6: Sample Sexual the issues relating to sexual harassment.” At least
Harassment Policies half the members have to be female.
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4. Sexual harassment committees In some workplaces, ICCs have begun to play an

important role in enabling new groups of workers to
be trained and know their rights, and for managers to
MODULE 7

Setting up an internal sexual harassment committee see that preventing violence and sexual harassment
can be one way to ensure that there is a confidential can bring benefits to the factory. The establishment
procedure for complaints to be made and handled. of a committee can also be a first step for trade
In unionized workplaces sexual harassment unions to play a role in the workplace and an
committees and their membership can be specified important early step towards giving workers some
MODULE 8

in collective bargaining agreements. In non- voice and suggesting solutions to organizational

unionized workplaces it is more difficult to ensure issues. However, it is important that the committees
the principles of independence, impartiality and are open to scrutiny if they are to function effectively
fairness. These are issues that should be carefully and not lead to further problems for complainants.
considered when developing workplace procedures.
There is some evidence that internal committees can
Sexual harassment committees can play an important have a positive impact in reducing sexual harassment
role in raising awareness of sexual harassment, and in changing the way that women are perceived in
helping to change workplace culture and promote a factories. FWF training under the programme resulted in
more positive working environment. They can have a more harassment cases reported to the anti-harassment
role in suggesting solutions to factory-wide problems committees and via the FWF telephone helpline. The
and give workers and employers an opportunity to see project piloted new workplace procedures in Indian and
the benefits of constructive social dialogue at local Bangladeshi factories where there were no unions, as
level. a first step towards social dialogue. In an environment
where few workers are aware of their rights, FWF worker
training provided a first exposure to labour rights,

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 Part B: Preventing and addressing sexual harassment and violence Part B
in the workplace: practical strategies

such as reasonable working hours, a safe and healthy Tool 4: Tips on setting up and

MODULE 1
working environment, and freedom of association and
the right to collective bargaining. Practical strategies
running sexual harassment
to implement sexual harassment legislation included committees
the establishment of worker-elected anti-harassment
committees and formal policies and grievance Consultations and expert advice

MODULE 2
procedures, in more than 50 garment factories. 99 Consult with workers, trade unions and local
Thirtyfour anti-harassment committees, composed women’s organizations prior to setting up the
of workers’ representatives, factory management and committee.
representatives of non-governmental organizations, were
operational in Bangladesh and India in 2014. Since 99 Draw on expert advice about how to deal with

MODULE 3
taking on the additional responsibility of participating the sensitive issues of sexual harassment and
in anti-harassment committees, some women have sexual violence in the workplace – this may be
become a more vocal presence on the factory floor and available from a local organization, business
an increasing number of women have been promoted to association or trade union. The ITUC and several
supervisory roles since the start of the project. global trade unions have practical resources.

MODULE 4
However, it is important to be aware of the challenges Membership
in setting up and running sexual harassment 99 The membership of the committee should be in
committees. A survey carried out by the business accordance with any national law (for example,
organization ELEVATE in Indian garment factories as exists in India, Bangladesh or Pakistan).

MODULE 5
found a number of challenges in implementing Where there are no national guidelines it is
legislation on sexual harassment in the workplace. suggested that the membership of committees
Female workers said it was the management’s is predominantly – at least a majority – female.
responsibility to ensure a harassment- free workplace, The committee should include both (senior
but they had less confidence in managers’ capacities female) managers and workers and the trade

MODULE 6
to handle sexual harassment incidents than male union representative, if there is one.
workers. Most workers reported that there was a
general Internal Complaints Committee in their 99 If no trade union is recognized it is recommended
factory but only a small number had heard of the that a local trade union or women’s organization
local complaints committee for sexual harassment. is invited to join the committee membership to

MODULE 7
The survey found limited evidence of training and provide expertise.
contract workers and workers with lower levels of
education were most vulnerable. Training
99 Ensure that all members of the committee have
Source: Webinar sexual harassment in Indian workplace: received specialist and informed training in
http://www.elevatelimited.com/webinars/33-blog/past- MODULE 8
sexual harassment and procedures for dealing
webinars/202-sexual-harassment-awareness-in-indian-
factories-survey-results with complaints.

99 Regular training from an external expert for all

committee members is likely to be necessary.

99 Those designated to investigate and hear

complaints should receive specialist training.

Responsibilities, procedures and remedies

CONTENTS

99 Designate a responsible senior manager and

at least two workers to investigate and resolve
complaints. Ensure that there are at least two
women and one man on a panel and that they
receive training in how to conduct confidential
and impartial investigations.

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Part B Gender-based violence in global supply chains: Resource Kit

99 Ensure there are clear procedures in place to file Information about the committee and its role
MODULE 1

complaints on behalf of harassed workers and to 99 Information about the role of the committee and
work with managers to resolve complaints. how to make confidential complaints should be
displayed in a prominent place so that employees
99 Include the right for workers to be represented are aware of their rights. Include names and
by a union representative at all stages of the contact numbers of members of the committee.
MODULE 2

grievance complaint handling process, or

someone else if there is no union. 99 Ensure that information is accessible to young
workers and workers with low literacy levels.
99 Provide effective remedies for victims of sexual Consider writing a small information booklet for
harassment and violence (e.g. public apology, workers using pictures and simple illustrations.
MODULE 3

counselling and/or financial compensation).

99 Sexual harassment should be treated as a

misconduct, with appropriate disciplinary
procedures in place for dealing with this
5. Setting up and running hotlines
and helplines
MODULE 4

(e.g. a warning, suspension or termination of

employment).
Hotlines provide an important confidential service
99 Have an agreed confidential process for for workers experiencing sexual harassment and
documenting complaints of sexual harassment. violence. Hotlines should be confidential and
MODULE 5

available to support women who need advice. Callers

99 Have interim measures in place to deal with are likely to be vulnerable and emotional, and call
complaints if a worker requests this. For handlers should have the necessary training to deal
example, temporarily moving a respondent or with gender-based violence and employment issues.
an aggrieved worker from their current work
MODULE 6

location. Lasting solutions should not involve

the complainant having to move but rather the Tool 5: Tips on providing hotline
perpetrator.
services:
99 Put in place preventive measures, including
MODULE 7

training for managers, supervisors and workers 99 Give reassurance that the hotline is a confidential
and promote a culture of a safe working service for women and men.
environment.
99 Be professional, patient, listening and give
99 The sexual harassment committee might map the compassionate responses to the caller,
MODULE 8

‘hotspots’ where there is frequent harassment in particularly because the caller is likely to be
particular areas in the workplace and suggest upset or in distress.
remedial action.
99 Responses should be dealt with in a calm way
99 Be prepared to deal with and give assistance to and advisers should not make judgments or ask
workers affected by sexual harassment outside of inappropriate questions.
the workplace, for example, on public transport
or name calling at the factory gates. 99 Give reassurance and information about how
the caller can get support, deal with or refer a
Monitoring complaint and/or how to access an appropriate
99 Enable trade unions and women’s organizations service, for example, from a local trade union or
with a knowledge of gender-based violence to women’s organization.
play a role in monitoring the process and to
ensure that cases are handled effectively. 99 Follow up the call with relevant information
about complaints procedures that exist.
99 Provide confidential minutes of all meetings.

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 Part B: Preventing and addressing sexual harassment and violence Part B
in the workplace: practical strategies

Hotline handlers should be trained to deal sensitively

MODULE 1
with issues concerning sexual harassment and abuse Additional resources and information on
and help workers and other parties to file complaints. setting up and running hotlines
It can provide a safety net but is not a substitute for
formal workplace complaints handling mechanisms. John Hopkins Bloomberg School of Public Health
It may take some time for a hotline to win the Field (2003) Setting up a Hotline. This provides

MODULE 2
confidence of workers. Building trust in the hotline a step-by-step guide for starting a hotline or
is important. FWF found that many of the early calls enhancing an existing hotline. For further
to the FWF Hotline concerned sex discrimination – information see: http://pdf.usaid.gov/pdf_docs/
on issues such as pregnancy dismissal. Over time PNACU541.pdf
hotlines have become trusted to deal with sexual

MODULE 3
harassment and abuse issues. IOM (2007) Hotline Management in the context
of trafficking in persons: A Basic Guide. The
Guide provides guidance on how to assist callers
to hotlines and how to monitor and evaluate the
hotline. http://publications.iom.int/system/files/

MODULE 4
pdf/iom_handbook_assistance.pdf

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MODULE 6
MODULE 7
MODULE 8
CONTENTS

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