Sexual Harassment Policy

Sexual Harassment Policy


CPP-HR_0482_V2_Sexual Harassment Policy

VERSION
APPROVAL DATE
AUTHOR
CHANGES
APPROVED BY
1.0
P GREGORIO
V. LARIOSA

EXECOM
2.0
M. MARTINEZ
M. MARTINEZ

F. LENOIR











1.0        Objective 

 

Infinit-O is committed to a work environment that is free of sexual harassment and all forms of sexual intimidation and exploitation. In keeping with this commitment, we will not tolerate harassment of Infinit-O employees by anyone, including any of its supervisor, coworker, supplier and guest. 

 

Infinit-O also consider as a violation of its sexual harassment policy retaliation/reprisal in any way against anyone who has articulated any concern about sexual harassment, whether that concern directly relates to sexual harassment or results to discrimination against individual raising the concern or against another individual. 

 

2.0        Scope

Infinit-O believes that the working environment should at all times be supportive of the dignity and self-esteem of all individuals.  

3.0        Definition of Terms 

 3.1 Work or Training Environment — refers to the place or environment where work is being undertaken, training is going on or where an employment or training relationship exists between and among individuals. 

            3.2 Assault — refers to any attempt or threat to inflict injury upon the person of another, coupled with an apparent present ability to do so and any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. It may be committed without actually touching, or striking, or doing bodily harm, to the person of another.

3.3 Committee — refers to the Committee on Decorum and Investigation mentioned in Sec. 4 of Republic Act 7877. 

3.4 Managerial Employee — refers to the one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, layoff, recall, discharge, assign or discipline employees. 

3.5 Supervisory Employee — refers to one who, in interest of the employer, effectively recommends such managerial actions if the exercise of that authority is not merely routinely or clerical in nature but requires the use of independent judgment. 

            3.6 Trainee — refers to the person undergoing an organizational and instructional process undertaken by the company through which an individual acquires any knowledge and skill.   

           3.7  Complainant — refers to the party filing the complaint.  

           3.8  Respondent — refers to the individual charged or against whom the complaint is filed.

           3.9 Progressive Discipline — refers to the penalty imposed from reprimand, warning and suspension to dismissal of service. 

4.0       When is Sexual Harassment Committed 

Any person who, having authority, influence or moral ascendancy over another in a work or training education, environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. In a work related or employment environment, sexual harassment is committed when: 

              

4.1  A sexual favor is made as a condition in the hiring, or in the employment or reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions or privileges; or 

4.2  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; 

4.3        The above acts would impair the employee’s rights or privileges under existing labor laws; 

            4.4        The above acts would result in an intimidating or offensive environment for the employee.

5.0        Where Sexual Harassment can be Committed  

Sexual harassment maybe committed in any work or training environment which include but not limited to the following: 

             5.1        in or outside the office building or training site;

             5.2       at the office or training – related social functions; 

             5.3       in the course of work assignments outside the office;

              5.4        at work – related travel.
              5.5        at home – on a work from home set up 

6.0        Forms of Sexual Harassment

                  Sexual harassment may take many forms. It may be subtle and indirect or blatant or overt. It may be physical, verbal, auditory (calls and/or audio messages) or visual (written, images or through video calls/meetings) in nature. Sexual harassment acts may include but not limited to the following:

6.1        persistently telling smutty jokes to a co-employee who has indicated she/he find them offensive. 

            6.2        taunting a co-employee with constant talk of sex or sexual innuendos; 

            6.3        displaying or sending to a co-employee offensive pictures or publications in the workplace; 
            6.4       asking a co-employee intimate questions on his/her sexual activities;

6.5      making offensive hand or body gestures at a co-employee; cat-calling, staring or leering at a co-employee; 

6.6      making phone calls or sending of email, chat/text messages that are obscene to a coemployee during and outside work hours;

            6.7      pinching, unnecessarily brushing up against a co-employee's body; 
            6.8       requesting for dates or favors in exchange for a job, favorable working conditions/assignment;
            6.9       touching a co-employee in any part of his/her body, threats of a sexual nature and actual sexual assault.
            6.10      any other unwanted sexual attention given to an employee who consistently and clearly stated that they are uncomfortable with it.

6.11      all other applicable instances as stated in the Republic Act 9262 (Anti-Violence Against Women and their Children, Act of 2004)


Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without it would not have been committed, shall also be liable under this rules. 

7.0        Retaliation for Sexual Harassment Complaints  

Any person against whom a complaint for sexual harassment is filed is deemed to commit retaliatory acts under Art.248 (f) of the Labor Code when he carries out any of the following: 

7.1  Disciplining, changing work assignments of, providing inaccurate work information to, or refusing to cooperate or discuss work-related matters with any employee because that employee has complained about or resisted harassment, discrimination or retaliation; 

7.2 Intentionally pressuring; falsely denying, lying about or otherwise covering up or attempting to cover up acts of sexual harassment. 

7.3 Threatening the promotional opportunities, job securities and other service - related benefits and privileges; or 

             7.4        Other acts similar to the foregoing. 

8.0        Responsibilities of the Employer or of Head Office

                  It shall be the responsibility of the employer or head office to prevent or deter the commission of acts of sexual harassment. It shall provide procedures for the resolution, settlement, or prosecution of acts of sexual harassment. Towards this end, the employer or head office shall promulgate the appropriate rules and regulations in consultation with and jointly approved by the employees through their duly designated representatives. Such rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and administrative sanctions thereof.

9.0        Filing a Complaint for Sexual Harassment

A complaint for sexual harassment should be filed with the Committee on Decorum and Investigation. 

 

Any complaint concerning sexual harassment must be put in writing, signed and sworn to by the complainant, either physically or via digitally signed and acknowledged, and filed with the Committee on Decorum and Investigation within three (3) years after the incident/s. InfinitO will provide its employees a convenient, confidential and reliable mechanism for reporting incidents of sexual harassment and retaliation. 

10.0 Committee on Decorum and Investigation (CODI)

 

10.1  The Committee on Decorum and Investigation (CODI) shall be responsible in the investigation and proceedings of the case at hand to deliver proper and fair judgement. It shall be created as the need arises and shall follow the composition indicated below:

 

It shall be composed of one (1) representative each from the management, employees from the supervisory rank and from the rank-and-file employees who shall be elected by the members of the group of employees they represent. The Committee shall undergo gender sensitivity training.

 

10.1.1 The committee will consist of six (6) members as follows:

1.     3 Management Representatives

a.     Chairman - VP for Operations/Executive Member

b.     Vice President/Manager for People Operations and Transformation (Employee Relations)

c.     One (1) Operations Manager - uninvolved from the complainant and respondent, to be chosen on a case by case basis

2.     Second Level: Labor Relations Officer

3.     First Level: Optional, to be chosen on a case by case basis

                                            4. Accredited Union Representative - if not applicable, 1 Team Leader uninvolved from the complainant and respondent, to be chosen on a case by case basis

11.0      Procedure in Making, Investigating and Resolving Sexual Harassment and Retaliation Complaints  

The procedure may be as follows: 

 

               11.1      Complaint. —  

  

11.1.1  No particular form is required but the complaint must be in writing, signed and sworn to by the complainant. However, it must contain the following: 

  

a.          the full name and address of the complainant; 

 

b.          the full name and address of the respondent; 

 

c.           a specification of the charge or charges; 

 

d.          a brief statement of the relevant and material facts. 

 

In case that the complaint is not under oath, the complainant shall be summoned by the Committee to swear to the truth of the allegations in the complaint. 

              

11.1.2      As additional support on the complaint, the complainant shall submit any evidence he/she has, including affidavits of witnesses, if any, together with the complaint. 

 

11.1.3  When the complaint is vague or too general, the Committee may require the complainant to specify the acts complained of as sexual harassment in writing within five (5) days from the receipt of the notice, otherwise the complaint shall be dismissed.      

 

11.1.4  A withdrawal of the complaint made or filed at any stage of the proceedings shall not preclude the Committee from the proceeding with the investigation of the case. 

 

11.2       Answer  

 

11.2.1        Answer shall be filed within ten (10) days from the receipt of complaint. 

                        11.2.2      The answer shall be in writing, signed and sworn to by the respondent, and copy furnished the complainant. No particular form is required but it is sufficient if the answer contains a specific admission or denial of the charge or charges and a statement of the relevant facts constituting the respondent's defense.

11.2.1        The respondent shall indicate in his/her answer whether or not he/she elects formal inquiry                                                            

 

11.2.3  In support of the answer, the respondent shall submit any evidence he/she has including affidavits of witnesses, if any, together with the answer. 

 

11.2.5        The answer may be filed through personal submission or by registered mail. If it is filed by registered mail, the date of mailing shall be considered as the date of filing. 

 

11.2.6        Unless otherwise directed by the committee, failure of the respondent to file an answer or to appear in the investigation shall be construed as a waiver to present evidence in his/her behalf. On the basis of evidence and pleading submitted and the report/recommendation of the Committee referred to under Section 6 hereof, the Head of the Human Resource Department Office shall then resolve the case. 

 

11.3            Reply. — The complainant may file within ten (10) days from the receipt of the answer. 

 

11.4            PREVENTIVE SUSPENSION. —  

 

11.4.1        The head of the Human Resource Department Office may suspend any officer or employee for not more than thirty (30) days pending an investigation, if there are strong reasons to believe that the respondent is guilty of charges which would warrant his/her removal from the service. 

11.4.2        When the case against the officer or employee under preventive suspension is not finally decided within the period of thirty (30) days after the date of the suspension of the respondent, he/she shall be automatically reinstated in the service; Provided, that when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of the delay shall not be counted in computing the period of suspension.

 

                 11.5        Hearing —

      After all the pleadings have been submitted, the Committee may conduct a hearing not earlier than five (5) days nor after more than ten (10) days from the date of receipt of respondent's answer or complainant's reply if any, and shall terminate such hearing within (30) days from the filing of charges.
                        11.5.1        However, the committee may extend the period of hearing if deemed necessary. 

11.5.2        The parties and their respective witnesses shall be notified of the scheduled hearing at least five (5) days before the date thereof, specifying the time, date and place of hearing. 

11.5.3        Either party may require the attendance of witnesses and the production of documentary evidence in his/her favor through the compulsory processes of subpoena or subpoena duces tecum.

11.5.4        Either party may avail himself/herself of the services of counsel. 

11.5.6      No postponement shall be granted except in meritorious cases. 

11.5.7      All documentary evidence shall be admitted from whatever value they may have and   shall be attached to the record of the case.   

11.5.8      The parties may be required to submit their respective memoranda within ten

(10) days after the hearing of their case. 

11.5.9 Report and Recommendation. — A report/recommendation shall be submitted by the Committee to the head of the Human Resource Department within fifteen (15) days after conclusion of the investigation or hearing. 

              

                    11.6     Decision

11.6.1        Within thirty (30) days from receipt of the Committee report and recommendation, the Head of the Human Resource Department shall render his/her decision.

11.6.2        The decision of the head of Human Resource Department shall be final and executory ten (10) days after receipt of the copy thereof by the parties unless the motion for reconsideration or appeal is filed with the Head of Human Resource Department. 

 

                11.7     Motion for Reconsideration. —  

 

                        11.7.1 The aggrieved party may file a motion for reconsideration with the Head of Human Resource Department within ten (10) days from the receipt of the copy of the decision based on any of the following grounds:

a.             New evidence has been discovered which materially affects the decision. 

b.             The decision is not supported by the evidence on record. 

c.             Errors of law or misinterpretation of facts. 

      11.7.2        The motion for reconsideration shall be deemed filed on the date of receipt by the Head of Human Resource Department office, if filed personally, or on the date shown by the postmark on the envelope which shall be attached to the records of the case if by registered mail. 

      11.7.3        A motion for reconsideration suspends the running of the period for appeal. 

      11.7.4        Nothing in this procedure shall preclude the victim of sexual harassment from instituting a separate action in the proper courts. 

 

12.0      Schedule of Penalties

The following schedule of penalties maybe adopted for all the violation of the Sexual Harassment Policy. 

Where progressive discipline is provided for in the Code of Conduct, violation of this Policy moves the offending employee through the steps of disciplinary action. In other words, it is not necessary for an employee to repeat the same precise conduct in order to move up the scale of discipline. 

A written record of each action taken pursuant to the policy will be placed in the offending employee's personal file. The record will reflect the conduct, or alleged conduct, and the warning given, or other discipline imposed. 

           12.1 Assault and Rape. — An employee's first proven offense of assault or threat of assault of sexual in nature, attempted, frustrated and consummated rape will result to dismissal. 

            12.2 Other acts of harassment by co-workers. — an employee's commission of acts of sexual harassment other than assault will result in written warning, suspension or discharge upon the first proven offense, depending upon the nature and severity of the misconduct, and suspension or discharge upon the second proven offense, depending upon on the nature and severity of the misconduct.
            12.3 Retaliation. — Alleged retaliation against sexual harassment complainant will result in non-disciplinary oral counseling. Any form of proven retaliation will result in suspension or discharge upon the first proven offense, depending upon the nature and severity of the retaliatory acts, and discharge upon the second offense.

A supervisor's commission of acts of sexual harassment, cover up and inaction on alleged cases of sexual harassment, other than assault with respect to any other employee under the person's supervision will result in the final warning for dismissal for the first offense, depending upon the nature and severity of the misconduct, and discharge for any subsequent offense.

13.0      Rules on Education and Training to Enforce Sexual Harassment Policy

Education and training for employees at each level of the work force are critical to the success of Infinit-O’s policy against sexual harassment.

The following documents and initiatives will be provided to employees for awareness and compliance in making Infinit-O’s working environment safe and conducive to all members:

               13.1      Education and training include the following components:

a.     each recently hired employee will be given a copy of the table of offenses that they are to sign as receipt during job offer and contract signing.

b.     new hires are to attend the on-boarding orientation wherein the company's policy for sexual harassment is discussed and notice of expected standards of behavior are given. 

c.     an awareness program, in the form of either an activity, seminar or digitally shared graphical information will be shared to all existing employees

d.     the mandatory course of the policy via Moodle for New hire employees should be completed within 30 days from date of hire 

e.     the mandatory Moodle refresher course of the policy will be cascaded to employees and to be completed within 2 weeks from release of the update

f.       an annual (December of every year) refresher course of or awareness check on the policy via Moodle/Survey Monkey/activity will be conducted

 

14.0      Responsibilities of Supervisory/Managerial Employees  
            An effective sexual harassment policy requires the support and model behavior of company personnel in positions of authority. Infinit-O employees who engage in sexual harassment or retaliation or who fail to cooperate with company-sponsored investigations of sexual harassment or retaliation maybe severely sanctioned by suspension or dismissal. By the same token, officials who refuse to implement remedial measures, obstruct the remedial efforts of other Infinit-O employee, and/or retaliate against sexual harassment complainants or witnesses maybe immediately sanctioned by suspension or dismissal.

15.0      Reference

            15.1      Table of Offenses

            15.2      Republic Act No. 7877, Anti-Sexual Harassment Act of 1995

            15.3       Republic Act 9262: Anti-Violence Against Women and Their Children Act of 2004

            15.4      Code of Conduct 

 

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