Anti-Sexual Harassment Policy

Anti-Sexual Harassment Policy OF
________

________ believes in every person's right to a safe working environment that is free from all manner of harassment and intimidation.

________ is committed to maintaining a positive workplace free of any sexual harassment. ________ will not tolerate any form of sexual harassment or retaliation against any victim or witness to a sexual harassment by any person who is a part of this Company.

Sexual harassment is against the law and all employees are required to perform their duties in a manner that that prevents and discourages sexual harassment in the workplace.

SCOPE

The ________ Anti-Sexual Harassment Policy (the "Policy") applies to all employees, applicants for employment, and interns, whether paid or unpaid.

The Company recognizes that its officers and employees may be subject to sexual harassment or related retaliation by clients, contractors, and other persons who transact business with the Company. Under this circumstance, the Company undertakes to support and assist its officers and employees who is subject of sexual harassment or related retaliation.

POLICY

Any and all acts of gender based sexual harassment and any related retaliation is prohibited in the Company. The Company will not tolerate any form of sexual harassment or retaliation against any victim or witness to a sexual harassment. Any person under the scope of this Policy who engages or participates in any of the above acts will be subjected to disciplinary action which may include dismissal.

Persons who commit acts which direct or induce another to commit sexual harassment as defined herein or acts that show cooperation which without said cooperation the sexual harassment would not have been committed will also be in violation of this Policy and be subject to disciplinary action.

DEFINITION OF SEXUAL HARASSMENT

The Company adopts the definition of Gender-Based Sexual Harassment in the Workplace of Republic Act No. 11313 or the "Safe Spaces Act". Section 16 of the Safe Spaces Acts includes the following as gender-based sexual harassment:

1. An act or series of acts involving any unwelcome sexual advances, requests, or demand for sexual favors or any act of 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;

2. A conduct of 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 communication systems; and

3. A conduct that is unwelcome and pervasive and creates an intimidating, hostile, or humiliating environment for the recipient.

Sexual harassment is not limited to the physical workplace but also includes any place where the acts committed while travelling for business or attending any Company sponsored training, conferences, events, parties, or other activities which is the result of employment activities or employment relationship at any time, including after work hours.

DEFINITION OF RETALIATION

Retaliation includes any act, such as threats, intimidation, reprisal, and/or any adverse effect related to employment or business decisions, that would keep a person from coming forward to make a complaint of sexual harassment or from supporting a complaint of sexual harassment or from speaking out as witness in an investigation for a sexual harassment complaint.

Retaliation includes acts that occur outside the workplace or those that are not job-related.

RESPONSIBILITY OF EVERYONE TO REPORT

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.

Reports of sexual harassment or any retaliation must be in writing. Employees are encouraged to make use of the Complaint Form attached to this Policy when reporting a sexual harassment or a related retaliation.

RESPONSIBILITIES OF SUPERVISORS AND MANAGERS

If a supervisor or manager receives a report of sexual harassment or any related retaliation or witnesses the same, the supervisor or manager is required to report said suspected sexual harassment or retaliation to the Committee on Decorum and Investigation. If the employee had made a verbal report, the supervisor or manager must encourage the employee to make a written report as provided above.

Any supervisor or manager who fails to report any suspected case of sexual harassment or retaliation or knowingly allows the same to continue shall likewise be subject to disciplinary action.

COMMITTEE ON DECORUM AND INVESTIGATION

The Company shall form a Committee on Decorum and Investigation (the "CODI"). The CODI shall investigate and resolve of reports of sexual harassment and related retaliations in the workplace.

Organization

The CODI shall be composed of:

________

A person is disqualified from being a member of the CODI if they have a record of involvement in a sexual harassment case either as a respondent, defendant, or accused.

The members of the CODI shall be elected by each group through a vote. After the members of the CODI has been selected, each group shall likewise vote for another representative to replace the corresponding representative in the event that said representative inhibits from a case or cannot investigate and decide on a case.

A member of the CODI must inhibit themselves from any part of the proceedings if they are related to either the complainant or respondent by affinity or consanguinity.

The CODI shall, at all times, be headed by a woman and not less than half of the membership of the CODI shall be women.

All members of the CODI and their substitutes, if already known, shall, if needed, undergo continuous training on gender sensitivity, gender-based violence, sexual orientation, gender identity and expression, and other gender and development topics.

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.

Functions

The CODI shall have the following duties and functions:

1. Receive all reports and complaints of sexual harassment and related retaliation;

2. Conduct investigations on reports and complaints of sexual harassment and related retaliation;

3. Submit its findings and recommendations to the management;

4. Promote a better understanding of this Policy and other anti-sexual harassment laws and to prevent incidents of sexual harassment by conducting training, orientations, and other activities, as may be necessary, for officers and employees;

5. Disseminate information on sexual harassment.

Conflict of interest

A complainant or respondent may request that a member of the CODI to inhibit or, a member of the CODI may, on his own initiative, inhibit from the investigation and disposition of a certain 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.

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Reply by complainant

Upon the receipt of the respondent's answer, the CODI shall immediately give one copy of the answer to the complainant who shall be informed that they may submit a reply to the answer. The complainant shall be given two (2) calendar days from receipt of the respondent's answer to give a reply.

The complainant must submit two copies of the reply and all attached exhibits. The second copy shall be given to the respondent.

Hearing or conference

Upon receipt of the reply or, if no reply has been submitted, after the period for submitting a reply has passed, 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 him. The parties may, if desired, bring their counsel.

Waiver

Respondent's failure to submit an answer and attend the hearing or conference, for no 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.

Complainant's failure to attend the hearing or conference, for no justifiable cause, may result in the automatic dismissal of the case.

Decision

Upon the termination of the hearing or conference, the CODI shall submit its investigation report and decision to the management through the Human Resource Department for implementation.

A copy of the investigation report and decision shall be given to the complainant and respondent.

The investigation and decision must be completed by the CODI within ten (10) working days from receipt of the initial complaint.

Appeals

A party adversely affected by the decision may file an appeal with the management within ________ (________) working days from the receipt of the investigation report and decision.

The appeal shall be heard and decided within ________ (________) working days from the receipt of the appeal.

The decision of the management shall be final and is not subject to further appeals.

CONFIDENTIALITY

All proceedings before the CODI shall be conducted under strict confidentiality.

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.

ADMINISTRATIVE LIABILITIES

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.

The penalties shall be as follows:

1. ________

________

2. ________

________

3. ________

________

4. ________

________

5. ________

________

If a person is found guilty of two or more offenses, the penalty of the more serious charge or count shall be imposed and the other offenses shall be considered as aggravating circumstances.

INDEPENDENT ACTIONS FOR DAMAGES

Every person has the right to seek redress from the courts even when steps are taken under this Policy. Likewise, 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.

The Company undertakes to support and assist the victim in any independent action that they may undertake for any sexual harassment or related retaliation under this Policy.

INFORMATION DISSEMINATION

A copy of this Policy, the Safe Spaces Act (Republic Act No. 11313) and its Implementing Rules and Regulations (the "IRR") shall be posted in the following place(s):

________

A copy of this Policy can also be accessed at ________.

All new company officers and employees shall receive a copy of this Policy upon the start of their employment.

Any officer or employee may request for a copy of this Policy, the law, and/or its IRR, through the following:

________

If this Policy is amended or modified, all officers or employees will be given an individual copy of the amended or modified policy.