Workplace Harassment Laws in Pakistan 2026: How to File a Complaint
Workplace harassment in Pakistan is a serious legal issue affecting employees and other persons working in different sectors. The principal legislation is the Protection Against Harassment of Women at the Workplace Act, 2010, as amended in 2022. The amendments significantly broadened the scope of protection, including protection against gender-based discrimination and extending the definition of covered employees and workplaces.
The law provides two important complaint mechanisms: an organisation’s Internal Inquiry Committee and the relevant Ombudsperson. A complainant may choose either forum according to the circumstances of the case.
What is Workplace Harassment?
Under the amended law, harassment can include unwelcome sexual advances, requests for sexual favours, stalking or cyberstalking, verbal, visual or written communication of a sexual nature, physical conduct, sexually demeaning attitudes, and conduct that interferes with work performance or creates an intimidating, hostile or offensive work environment.
The law also covers gender-based discrimination, whether or not the conduct is sexual in nature, where discriminatory behaviour is based on gender.
Examples of Conduct That May Amount to Harassment
- Unwelcome sexual advances or requests for sexual favours
- Sexually inappropriate verbal, written, visual or physical conduct
- Stalking or cyberstalking connected with the workplace
- Sexually demeaning remarks, gestures or communications
- Creating an intimidating, hostile or offensive working environment
- Punishing or threatening a person for refusing an improper demand
- Gender-based discriminatory behaviour
- Harassment or conduct connected with work outside the traditional office environment
Who is Protected Under the Law?
The 2022 amendments significantly expanded the scope of the legislation. The definition of an employee includes regular and contractual workers as well as piece-rate, gig, temporary, part-time and freelance workers. It can also include students, performers, artists, sportspersons, interns, trainees, domestic workers, home-based workers and apprentices, whether working for remuneration or otherwise.
The amended framework therefore provides broader protection than the traditional concept of a full-time office employee.
What Counts as a Workplace?
The concept of workplace is also broad. It can include offices, educational institutions, medical facilities, factories, commercial establishments and other places where professional services are performed. The law can also cover situations linked to work outside the office, including certain gigs, performances, sporting activities and online or remote work.
Two Main Ways to File a Workplace Harassment Complaint
| Complaint Route | Where to File | Key Procedure |
|---|---|---|
| Internal | Organisation’s Inquiry Committee | Complaint is investigated internally; findings and recommendations are submitted to the Competent Authority. |
| External | Relevant Federal or Provincial Ombudsperson | The complainant may approach the Ombudsperson directly without first completing the internal inquiry. |
Important: The law gives the complainant the option to file a complaint either before the Inquiry Committee or the Ombudsperson. Therefore, a person does not necessarily have to exhaust the internal complaint mechanism before approaching the Ombudsperson.
How to File a Workplace Harassment Complaint in Pakistan
Step 1: Document the Incidents
Before filing a complaint, prepare a clear record of what happened. Where possible, note:
- Date and time of each incident
- Location or online platform where the incident occurred
- Name and position of the accused person
- Exact words or conduct complained of
- Names of witnesses
- Emails, messages, WhatsApp chats and other relevant communications
- Call records or other lawful evidence
- Any retaliation or adverse action following the complaint
Keep original evidence safely and maintain copies of documents submitted with the complaint.
Step 2: File a Written Complaint with the Inquiry Committee
If you choose the internal mechanism, submit a written complaint to your organisation’s Inquiry Committee or the designated competent authority.
The Inquiry Committee is required to:
- Communicate the charges and allegations to the accused within 3 days of receiving the written complaint.
- Give the accused 7 days to submit a written defence.
- Examine relevant oral and documentary evidence.
- Allow the parties to cross-examine witnesses, as provided by the law.
- Maintain confidentiality of statements and evidence.
- Protect the complainant and witnesses from adverse action or a hostile environment.
- Submit its findings and recommendations to the Competent Authority within 30 days of initiation of the inquiry.
Step 3: File Directly with the Ombudsperson
A complainant may also approach the relevant Ombudsperson directly. This can be particularly important where there is no functioning Inquiry Committee, there is a concern about impartiality, or the complainant chooses the Ombudsperson route.
At the federal level, workplace harassment complaints can be filed before the Federal Ombudsperson Secretariat for Protection Against Harassment (FOSPAH). Provincial mechanisms are also available where applicable.
FOSPAH Contact Details:
- Phone: 0344-4367367
- Email: complaints@fospah.gov.pk
- Official Website: fospah.gov.pk
The official FOSPAH website also provides information about its complaint mechanism and online services.
Step 4: What Happens Before the Ombudsperson?
After receiving a complaint, the Ombudsperson may issue a written show-cause notice within 3 days. The accused is required to submit a written defence within the period prescribed by the Act.
The Ombudsperson may then conduct proceedings, examine relevant material and hear the parties before recording a decision. The decision is communicated to the parties and the concerned organisation for implementation.
What Penalties Can Be Imposed?
Where harassment is established, the law provides for various minor and major penalties depending on the circumstances and applicable service framework.
Minor Penalties May Include:
- Censure
- Withholding promotion or increment for a specified period
- Stoppage at an efficiency bar for a specified period
- Recovery of compensation payable to the complainant from the accused
Major Penalties May Include:
- Reduction to a lower post or stage in a time-scale
- Compulsory retirement
- Removal from service
- Dismissal from service
- Suspension or cancellation of a professional licence, where applicable
- Fine, including compensation to the complainant where provided by law
Protection Against Retaliation
A complainant or witness should not be subjected to adverse action or a hostile environment for pursuing a harassment complaint. The Inquiry Committee is required to take steps to prevent pressure or intimidation against the complainant.
If an employee faces retaliation after making a complaint, the retaliatory conduct should also be documented and brought to the attention of the appropriate authority or forum.
Additional Legal Remedies
The harassment law does not necessarily exclude other legal remedies. Section 12 of the Act provides that its provisions are in addition to and not in derogation of other laws.
Depending on the facts, conduct may also attract criminal or other legal proceedings. For example, Section 509 of the Pakistan Penal Code may apply to certain words, gestures or acts intended to insult the modesty of a woman. More serious conduct, such as physical assault, threats or other criminal offences, may require separate criminal proceedings and, where legally appropriate, registration of an FIR.
The appropriate remedy depends on the specific facts and the nature of the conduct.
What if the Organisation Has No Inquiry Committee?
Organisations covered by the law are required to establish an Inquiry Committee. FOSPAH’s official guidance states that organisations should constitute a three-member Internal Inquiry Committee, including at least one woman, and should display relevant information and the Code of Conduct at the workplace.
If an organisation does not have a functioning committee, a complainant can consider approaching the relevant Ombudsperson directly and can also raise the organisation’s non-compliance with the appropriate authority.
Is the Complaint Process Confidential?
Yes. The Act requires statements and other evidence acquired during the inquiry process to be treated as confidential. The law also provides safeguards against adverse action and hostile treatment of complainants and witnesses.
Can a Former Employee File a Complaint?
Yes. The amended definition of complainant expressly includes a former employee who has been removed, dismissed or has resigned. Therefore, leaving employment does not automatically prevent a person from invoking the protection of the law for conduct covered by the Act.
Practical Tips Before Filing a Complaint
- Act promptly: Do not unnecessarily delay reporting the conduct.
- Preserve evidence: Keep messages, emails, documents and other relevant material safely.
- Prepare a timeline: A chronological record can make the complaint clearer.
- Identify witnesses: Record the names of people who directly witnessed relevant incidents.
- Keep copies: Keep a copy of your complaint and proof of submission.
- Maintain confidentiality: Avoid unnecessarily circulating sensitive allegations or evidence.
- Seek legal advice: A lawyer can help determine the appropriate forum and legal remedies.
Frequently Asked Questions
Does the law protect only women?
The original legislation was enacted as the Protection Against Harassment of Women at the Workplace Act, 2010, but the 2022 amendments significantly broadened its definitions and protections. The amended framework uses the term “any person” for complainants and expands the categories of covered employees. FOSPAH also describes its present workplace mandate as protecting women, men and transgender persons.
Can I approach the Ombudsperson without filing an internal complaint first?
Yes. The Act gives a complainant the option to prefer a complaint either to the Ombudsperson or the Inquiry Committee. Therefore, an internal complaint is not necessarily a mandatory precondition to approaching the Ombudsperson.
What if my employer does not have an Inquiry Committee?
The organisation may be in breach of its legal obligations. You may consider approaching the relevant Ombudsperson directly and reporting the organisation’s failure to comply with the statutory requirements.
Can a freelancer, intern or gig worker be protected?
The amended definition of employee is broad and expressly includes categories such as freelancers, gig workers, interns, trainees, temporary and part-time workers, among others, subject to the requirements of the law.
Is workplace harassment limited to conduct inside the office?
No. The amended definition of workplace is broad and can include situations linked to work outside the traditional office, including certain online, remote, educational, professional and other work-related settings.
Can I take legal action under other laws as well?
Potentially, yes. The harassment legislation operates alongside other laws. Where the conduct also constitutes a criminal offence or another legal wrong, additional remedies may be available depending on the facts.
Facing Workplace Harassment?
You do not have to suffer workplace harassment in silence. If you are facing harassment, discrimination or retaliation, obtaining timely legal guidance can help you understand your options and prepare an appropriate complaint.
Justify.pk can assist with complaint drafting, understanding the Inquiry Committee process, approaching the Ombudsperson and identifying appropriate legal remedies.
Book a free and confidential consultation or contact Justify.pk at 0300-0779014.
Legal Disclaimer: This article provides general legal information about workplace harassment laws in Pakistan and is not a substitute for personalised legal advice. The legal position, applicable forum and procedure may depend on the facts of the case and the relevant federal or provincial framework. For a specific matter, consult a qualified legal professional.
