Bullying and Harassment Policy within a Factory

by Engr. Kh. Mashiur Rahman | May 3, 2019 | Blog

Harassment Policy

Harassment Policy -The Auto garments is committed to maintaining a professional organization environment in which all workers and staffs are treated with respect and dignity.  Each individual has the right to work and attend office in a professional atmosphere which promotes equal opportunities and prohibits all forms of bullying and harassment policy, unlawful discrimination, exploitation or intimidation.  This policy applies to all workers, staff, employees, contractors, suppliers and visitors.  Conduct such as violence, harassment, sexual abuse, inappropriate relations and inappropriate discrimination based on personal characteristics are inherently destructive and will not be tolerated. We sale Employee Management System Software Free/ Premium …

Introduction

Contractor must treat every employee with respect and dignity.  In doing this, the contractor must strive to foster an environment that is free from harassment and abuse of any kind, including physical, verbal, psychological, and sexual.The Department of Human Resource Management reserves the right to revise or eliminate this policy. The following behaviors are those which demonstrate disrespect of others and a lack of professionalism and interpersonal conduct.  Although it is impossible to list all possible examples of harassment, poor judgment or unprofessional conduct which may violate this policy, the following examples shall serve to illustrate the kind of conduct, speech and behavior that is prohibited:

Requirements Written Policy

All contractors must have a written Harassment and Abuse Policy that is signed by the senior manager at the facility and posted in all major work areas.

The written policy must outline the scope of the policy, definitions of harassment/abuse, the responsibility of individuals to carry out the policy, confidential grievance procedures, and appropriate disciplinary sanction for each type of violation against the policy.

The policy must state, as appropriate, that the offensive behavior may lead to termination of employment or prosecution by legal authorities.  The policy must also specifically state that no employee will be punished for reporting in good faith harassment and abusive behavior to management.

No employee of the contractor is exempt from the policy; it applies to vendors, customers, and all others who enter the contractor’s workplace.

• Questions regarding the application of this policy should be directed to the Department of HR & Administration where equal employment services are provide. Sexually suggestive, foul or obscene language or gestures;
• Displays of sexually suggestive, foul or obscene printed or visual material or objects;
• Inappropriate physical contact such as patting, pinching or brushing against another’s body;
• Unwanted physical contact (e.g., hitting, slapping, kicking, pushing, or the threat of the same);
• Loss of personal civility, including shouting, personal attacks or insults, displace of temper (such as throwing objects);
• The contractor must report incidents warranting termination of employee(s) to their local Nike Corporate Responsibility Compliance Manager before any actions are taken. Requests for others to perform inappropriate personal errands;
• Grading or evaluation on factors unrelated to performance, effort or achievement;
• Discrimination based on race, religion, national origin, sex, age, or physical or mental disabilities;
• Repeated or gross singular episodes of psychological punishment of a student by a superior (e.g., public humiliation, dehumanization, belittlement or derogatory comments, threats, intimidation, rejection, alienation);
• Repeated or gross singular episodes of annoying or humiliating conduct which offends a reasonable person to whom the conduct was obviously directed, including, but not limited to, the following:   condescending expressions, gestures or behavior, speech, physical contact or repeated inappropriate telephone or e-mail messages;
• Demonstration of favoritism through degrading or attention because of an individual’s sex or in exchange for sexual favors;
• Demonstration of the use of punishment by the assigning of tasks not for educational purposes; and
• The head of the Department of Human Resource  is responsible for official interpretation of this policy, in accordance with Labour Law, Bangladesh. Intentional neglect or intentional lack of communication.
• Abuse & Harassment : Abuse & harassment should be stopped and severer action to be taken against defaulter. A policy should be made on it. Verbal abuse of a sexual, racial, ethnic, religious nature;
• Commenting upon an individual’s body or clothing in a sexually offensive manner;
• Unwelcome or inappropriate touching of another person;
• Degrading words to describe an individual’s race, age, sex, religion, ancestry or disability;
• Similarly degrading objects, pictures, clothing, cartoons, magazines, e mails or computer images;
• Graphic verbal commentary relating to an individual’s body, sexual prowess or sexual deficiencies;
• Coerced sexual activities;
• Unwanted sexual advances;
• Demands for sexual favors;

Confidential Grievance Procedure

It is essential that the contractor provide a confidential grievance procedure for employees to report harassment or abusive behavior.  Normal complaint procedures through direct supervisors are not adequate for reporting abusive behavior.  The grievance procedure must include one or more of the following:

Secured confidential grievance boxes that are installed in private areas (such as bathrooms or dorms) and only accessed by senior management. Neutral grievance contacts such as union representatives or guidance counselors. Telephone “hotline” number or post office box address through which employees can report their grievance. While such conduct often can be unlawful sexual harassment only if it is both unwelcome and either severe or pervasive, the GIANT nonetheless discourages any such conduct, regardless of the circumstances and regardless of whether it is unlawful.  Good judgment should prevail.  All persons who work for or with the GIANT must avoid any behavior or conduct that could reasonably be interpreted as unlawful bullying and harassment policy or inappropriate behavior.

Definitions of Harassment and Abuse

Physical

Use or threat of physical discipline.

Verbal

Screaming, threatening, or use of demeaning words toward employees.

Psychological

Use of words or actions that attempt to diminish employee self-esteem.

Sexual

Offering preferential work assignments or treatment of any kind in actual or implied exchange for a sexual relationship.

Subjecting employees to prejudicial treatment of any kind in retaliation for refused sexual advances.

Unwelcome sexual comments, observations, advances of physical conduct of a sexual nature.

Gender-insensitive security practices.

Other

Withholding reasonable breaks, access to water, toilets, health care, or other basic human necessities.

Unreasonably restricting employee movement during non-work hours.

Worker’s reporting Requirements : Any workers who feels that he or she has been mistreated or experienced or witnessed conduct that violates this policy should immediately report such behavior to the Compliance Officer, the Administrator of their respective unit or Welfare Officer or Compliance Officer or the Manager. Staff’s Reporting Requirements : Staffs who have a complaint or concern about possible sexual harassment of or misconduct with any employee in connection with incidents they have experienced or of which they are aware are to report such complaint or concern immediately to the Compliance Officer, the Administrator of the respective building or the Manager. 

Create a Well-Informed Workforce

In order for employees to adhere to the written policy, the contractor must progressively inform employees of the policy and how to communicate such harassment or abusive behavior to the management.  The policy must be communicated through the following methods at minimum:

New hire orientation training (all employees, without exception). upervisor and/or management training at least annually. Employee group meetings at least annually. Posting of the policy in major work areas, including employee break/rest areas. Investigation : Steps will be taken to ensure that a reported concern is promptly investigated and that other appropriate action is promptly taken.  There will be no retaliation against anyone for reporting discrimination or harassment, or for cooperating with the investigation of a complaint of discrimination or harassment.  The GIANT will honor a complainant’s request for confidentiality regarding any complaint and the result of its investigation to the fullest extent practicable

Upon receipt of a complaint or other specific information regarding possible harassment, the person responsible for investigation shall:

Promptly and confidentially investigate the incident(s) and surrounding circumstances by talking to, and obtaining signed statements from, witnesses or other persons having information.  This should be done before contacting the alleged offender.  If there is substance to the allegation, the investigation may be more productive if witness information is gathered before the alleged offender knows the investigation is underway.

Working Hours for Adults :

according to section 50 to 74 of Bangladesh factories act. 1965 necessary step to be taken for weekly working hours. Weekly holidays, daily hours intervals for rest for meals, extra allowance for overtime, restriction for double employment, notice for work, maintenance of register for work, employment of woman at night, prohibition of employment of child labour.

After conducting the first interviews with witnesses, the investigator should advise the alleged offender of the complaint even if the allegations have already been disproved.  If the problem is a misunderstanding, future incidents can be prevented.  On the other hand, if the allegations are true, they may be admitted by the offender, with or without statements of justification or mitigation.

Investigation

If a grievance is received, the contractor must immediately investigate the allegation.  The investigation must be conducted discreetly by a qualified individual.

If the allegation is not proven or admitted during Steps 1 and 2 above, the investigator shall conduct further investigation until he/she has made a determination or it becomes apparent that further investigation is unlikely to lead to a reliable conclusion.

Throughout the investigation, a conscious effort must be made to judge the credibility of the information received.  In particular, any circumstances which could lead to the complainant or witnesses to give false or substantially biased information must be identified, investigated or considered.

Leave & Holidays :

According to section 77 to 85 of Bangladesh factories act, 1965 action to be taken on annual leave with wages, festival holidays, casual leave, sick leave & maternity leave.

Wages & Benefit : According to the minimum wages ordinance 1961 every factory must pay the minimum wages to the workers.

If the investigation confirms that a violation of this policy has occurred, the investigator shall report his findings to the Manager (Admin) in writing, with a recommendation for disciplinary action or other remedial measures.  If the investigation either exonerates the alleged offender or is inconclusive, the investigator shall report those findings in writing to the Manager.

Discipline

Individuals found to be in violation of the contractor’s written policy must be subject to immediate sanctions.  Discipline for harassment or abuse must include the following elements applied to the person responsible:

Depending on the situation and circumstances, harassment/abuse may result in immediate dismissal, immediate probation and/or demotion.

If the situation results in immediate probation and/or demotion, the person responsible for the harassment or abuse is required to sign a statement acknowledging that he or she understands the situation and that any recurrences during the following 60 days will result in immediate termination.

The person responsible for the harassment or abuse must apologize to the employee(s) in question.

The person responsible for the harassment or abuse must undergo appropriate training to help correct this attitude or action such as cross-cultural training, conflict resolution training, or other training as appropriate.

The person responsible for the harassment or abuse may be transferred to a different department to ensure no further intimidation occurs.

If required by law, the person responsible for the harassment or abuse must be reported and turned over to local authorities.

After the investigation of a complaint is concluded, the GIANT will advise the complaining person of the outcome of an investigation, although not necessarily all details of the actions the authority has taken to maintain an environment free of bullying and harassment policy.

A concerted effort must be made to provide employees and students with an environment free of all forms of mistreatment and harassment.  Accusations or violations of this policy are grievous and can have serious and far reaching effects on the careers and lives of accused individuals.  Allegations must be made in good faith and not out of malice.  Any accusations found to be malicious in intent will be subject to disciplinary action.  Any retaliatory action is considered a violation of this policy

Penalties & Procedure

According to section 93 to 107 of Bangladesh factory act, 1965 following procedure should be made incase of offences general penalty after previous convictions, offence by workers penalty for using false certificates, penalty for double employment.

When the investigation determines someone has violated this policy, appropriate corrective action will be taken. Any employee found to have engaged in a violation of this policy shall be subject to discipline. Appropriate sanctions may include, but are not limited to, oral or written reprimand, referral to counseling, reassignment, suspension without pay, or termination of employment. Employees shall be subject to discipline under the Employee Code of Conduct.  In investigating complaints of harassment or inappropriate conduct under this policy, the GIANT may impose discipline for inappropriate conduct regardless of whether the conduct constitutes a violation of the law and even if that conduct may not rise to the level of a violation of this policy.

However, if the investigation reveals that the individual making the complaint has falsely (and in bad faith or out of malice) accused another employee of sexual harassment, the complaining individual shall be subject to discipline, including but not limited to oral or written reprimand, suspension, termination of employment, and/or discipline under the Employee Code of Conduct.

Documentation

• Every grievance, investigation and any disciplinary action taken must be properly documented, including the following information:
• Date(s) the incident reported
• Date(s) the incident occurred
• The exact nature of the complaint
• Names of  both alleged perpetrator and victim, if available
• Date(s) of investigation and name(s) of investigators
• Methods used in investigation
• Findings
• Date of decision and name(s) of decision maker
• Date and nature of any discipline imposed
• Date the employee is notified of the decision
• Documentation that the employee who brought the complaint was notified of the result of the investigation and the decision(s) made.  All documentation must be signed by the employee in question.
• Adjustments or plan of adjustments, if any, to existing contractor policies, procedures, and practices
• Contractor must maintain, and make available, all documentation upon request to Nike or designated auditors.  Upon closure of each abuse and harassment incident, the contractor must make the necessary changes to existing policy, procedures, or practices in order to prevent and eliminate such incidents from occurring in the future.

Conclusion

All the rules, regulations & policy stated above should be obey by the workers as well as factories respectively. The authority shall not retaliate against an individual who makes a valid or good faith report of sexual harassment or other violation of this policy, nor permit any other employee to do so.  Any retaliation experienced by the reporting individual should be reported immediately to the Compliance Officer, or Welfare Officer or the Manager.  Any employee found to have retaliated against an individual reporting sexual bullying and harassment policy or other violation of this policy shall be subject to the appropriate disciplinary measures, including, but not limited to written or oral reprimand, referral to counseling, suspension without pay, termination, and/or discipline under the Employee Code of Conduct.