Sexual Harassment Workplace Policy (Oct 10, 2019)
SEXUAL HARASSMENT WORKPLACE POLICY (OCT 10, 2019)
TO/ FOR : ALL CONCERNED
FROM : The Management
SUBJECT : Sexual Harassment Workplace Policy
DATE : 10 October 2019
BWC GUIDELINES NO. 2, SERIES OF 2012
“SEXUAL HARRASMENT POLICIES AND PROCEDURES”
Pursuant to the provisions of Section 4, Republic Act No. 7877, An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, the following policies and procedure are hereby issued by NSI Company to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.
I. COMPANY POLICY AGAINST SEXUAL HARASSMENT
Nelsoft Systems Inc Company believes that employees should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct.
Sexual harassment refers to behavior that is not welcome, that is personally offensive, debilitates morale and, therefore, interferes with work effectiveness. Such behavior may be in the form of unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to: epithets, derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, or drawings.
Nelsoft Systems Inc Company will not tolerate any behavior that amounts to sexual harassment and any officer or employee found to have committed sexual harassment shall be subjected to disciplinary action, up to and including dismissal.
A. DEFINITION OF SEXUAL HARASSMENT
Nelsoft Systems Inc Company has adopted, and its policy is based on, the definition of sexual harassment set forth in Section 3 of R.A. 7877. It provides that sexual harassment in workplace is committed by an employer, employee, manager, supervisor, agent of the employer, or any other person who, having authority, influence or moral ascendancy over another in a work environment, demands, requires or otherwise requires any sexual favor from the other, regardless of whether the demand, requests or requirement for submission is accepted by the object of said Act. In a work-related or employment environment, sexual harassment is committed when:
1. The sexual favor is made as a condition in the hiring or in the employment, reemployment, or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
2. the above acts would impair the employees’ rights or privileges under existing labor laws; or
3. the above acts would result in an intimidating, hostile, or offensive environment for the employee.
B. WHERE SEXUAL HARASSMENT IS COMMITED
Sexual harassment may be committed in any work or training environment. It may include, but are not limited to the following:
1. In or outside the office building or training site;
2. at office or training-related social functions;
3. in the course of work assignments outside the office;
4. at work-related conferences, studies or training sessions; or
5. during work related travel.
C. FORMS OF SEXUAL HARASSMENT
Sexual harassment may be committed in any of the following forms:
1. Overt sexual advances;
2. Unwelcome or improper gestures of affection;
3. Request or demand for sexual favors including but not limited to going out on dates, outings, or the like for the same purpose;
4. Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim.
D. WHAT IS NOT SEXUAL HARASSMENT
Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness.
E. EMPLOYER’S RESPONSIBILITY
Nelsoft Systems Inc Company undertakes to provide its officers and employees a work environment free of sexual harassment by management personnel, by co-workers and by others with whom officers and employees must interact in the course of their employment in NSI Company. Sexual harassment is specifically prohibited as unlawful and as a violation of NSI's policy. NSI Company is responsible for preventing sexual harassment in the workplace, for taking immediate corrective action to stop sexual harassment in the workplace and for promptly investigating any allegation of work-related sexual harassment.
II. PROCEDURES ON SEXUAL HARASSMENT CASES
A. COMPLAINT PROCEDURE
Any officer or employee, who experiences or witnesses any act of sexual harassment in the workplace, shall report the same immediately to the Committee on Decorum and Investigation. They may also report acts of sexual harassment to any other member of NSI's management or ownership. All allegations of sexual harassment will be quickly investigated. To the extent possible, the identity of the officer or employee shall remain confidential and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, all parties will be informed of the outcome of the investigation.
A Committee on Decorum and Investigation shall be constituted and shall be composed of the management and the employees’ representative to receive complaints, investigate and hear sexual harassment cases. The Committee shall develop its own rules in the settlement and disposition of sexual harassment cases. The Committee shall also develop and implement programs to increase understanding and awareness about sexual harassment.
B. RETALIATION
NSI Company will permit no employment-based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment.
C. WRITTEN POLICY
All officers and employees of NSI Company shall receive a copy of NSI's sexual harassment policy upon assumption of their respective offices. If at any time an officer of employee would like another copy of the policy, please contact the Office of the Committee on Decorum. If NSI Company should amend or modify its sexual harassment policy, all officers and employees will receive an individual copy of the amended or modified policy.