As the Ministry of Labour and Social Development in Saudi Arabia continues an ambitious program to increase female participation in the workplace, it has also sought to regulate workplace behaviour and promote a framework for navigating increasing interaction between men and women in the workplace and public spaces generally.
A big step in this policy was the issuance of anti-harassment regulations in October 2019 which came into force on 21/2/1441, corresponding to 20 October 2019.
The regulations seek to define what behaviour amounts to inappropriate behaviour, the procedures which should be adopted to investigate complaints of such behaviour and the policies to prevent such behaviour in the workplace.
Definition of Inappropriate Behaviour
Inappropriate behaviour includes all practices of abuse by one party against another, including all forms of exploitation, threats, harassment, extortion, seduction, quarrelling, insulting, hinting against modesty or intent to be alone with the opposite sex, or any other form of abuse which aims, leads or is likely leads to cause a physical, psychological, sexual or economic harm to the other party. Such behaviours could be used by any forms of communication whether it was by words, action, writing, signals, hinting, drawing, using the telephone, electronic means, or any other means of communication, or any form of behaviour that indicates this.
Scope of Regulation
The regulations seek to cover inappropriate behaviour carried out by:
- employers against employees (in this case, the complaint will be submitted to the governmental authorities)
- employee against the employer
- employee against another employee
- employee against any other person who is in the workplace during or due to work and
- anyone who helped or covered up the abuse.
The regulations apply, whether the behaviour took place in or outside working hours, during break times and in work areas, during travel times to and from work, business trips, business calls, and other times connected to work, such as office social events.
The regulations require employers to take steps to prevent inappropriate behaviour by doing the following:
- Prevent employees from being alone with the opposite sex by placing sign boards in the workplace, having meeting room etiquette procedures and designing the office environment in a way which prevents this
- Establishing a complaints procedure and identifying the person responsible for overseeing this. The resolution provides for a timeframe of five working days from the incident in which a complaint must be raised
- Putting measures in place which safeguard the right for the employee to leave the workplace in the event they feel at imminent and serious threat to their body, health or life due to abuse
- Safeguarding the abused employee's rights, specifically where it is proven that the abuse took place, and the abuse resulted in the employee not befitting from promotions, bonuses, training courses and other benefits, and putting in place appropriate measures facilitating a claim to legal entitlements in this regard to be made by the employee
- Safeguarding the employment rights of an abused that is not working, where it is proven that the abuse took place and as a consequence the individual has been deprived from a benefit or a service
- Safeguarding the accused's rights where the complaint is found to be malicious and such complaint resulted in the accused not befitting from promotions, bonuses, training courses and other benefits, and putting in place appropriate measures facilitating a claim to legal entitlements in this regard to be made by the accused
- Putting in place measures which protect the complainant, witnesses and individuals handling the matter from any harm
- Ensuring all matters are kept confidential
- Raising awareness amongst employees as to the importance of reporting inappropriate behaviour and the procedure which must be followed
- Holding awareness courses, workshops, training, visibly putting in places posters, guidelines and communicating with employees to raise awareness of their rights, duties and necessary recourse
- Involving employees with the development and implementation of policies and procedures surrounding inappropriate behaviour, risks associated, and how to prevent the same
- Considering the social and psychological impact when developing occupational health and safety policies and procures
- Empowering a designated person, team or department to oversee and manage the above and providing appropriate training to such individuals
The resolution also sets out a section whereby inappropriate behaviour should be investigated through the formation of a committee and it sets out a process for the committee to follow.
The employer is responsible for setting up the committee tasked with investigating cases involving behavioural abuse in the workplace, reviewing the evidence and recommending the appropriate disciplinary penalty for those individuals found to be guilty. The following rules and procedures are prescribed by the resolution:
- Where the employer employs more than 10 employees, the committee is to be formed of a minimum of four members (with a minimum of one female where available). Where the employer employs less than 10, the committee will be formed of the employer (or an authorised person) and where possible another person
- The committee will compile a confidential and private file detailing; the cases investigated, measures taken, results of the investigations carried out, and the recommendations made
- Where a committee member is the individual accused of undertaking the abuse, or an individual working closely with the committee, or the process involved, such individual is required to be immediately excluded from the committee
- The committee is required to be fair, impartial, and maintain confidentiality, and its members must not have been convicted of a crime in the last five years or be under ethical investigation
- Where the accused does not attend in front of the committee by the date stipulated (subject to a maximum of five working days), the committee may impose the penalty stated in the company's bylaws. Where a reasonable excuse for failure to attend is provided and accepted by the committee, the meeting may be rescheduled. This will not result in the investigation being delayed
- The committee is required to issue its recommendation within five working days of the complaint being made
- Once the recommendation is made, the employer is required to formally inform the accused and the complainant of the outcome, and the sanction within five working days. Any disciplinary sanction must be imposed within 30 days of the investigation completing nd
- Where the committee determines that the action constitutes a criminal offense, the committee must submit the complaint to the employer who is required to inform the competent authority
Documenting the Process
The regulation contains forms which employers can use, and whilst these are not mandatory the information captured in the forms is required as a minimum in order to document any complaint and investigation properly.
These forms are as follows:
- Form A for submission of a complaint of behaviour abuse. The form also lists types of behavioural abuse prohibited which the complainant must specify as well as a section for the complainant to provide their statement and sign
- Form B used for the committee to provide its findings and recommendation following their investigation of the behavioural abuse incident (assault). This form also provides a space for the accused to provide their statement and sign and to record the committee's decision and
- Form C used to minute the outcome of the investigation and the sanction imposed.
These regulations are a welcome development as the profile of working women in the Kingdom increases and women move into all areas of the workforce. Whilst the Ministry of Labour and Social Development has stopped short of removing the requirement for segregation, there is now an acknowledgement that the increased employment of women will mean an increase in public profile for working women.
The regulations must be viewed within the context of the general Anti- Harassment law introduced around the time women were given permission to drive in June 2018 [ksa-anti-harassment-law ] and the Public Code of Conduct introduced by Resolution 444 of 4/8/1440, just over a year ago.
The public code requires all individuals in the Kingdom in public places to respect the customs, culture, and traditions of the Kingdom and for individuals to wear modest clothing in public, which must not contain words, symbols, signs or images which are contrary to general decency. Writing on walls, means of public transport, on general areas or spaces is also prohibited without prior approval and behaviour designed to instil fear or panic is punishable. Violating the code attracts a minimum fine of SAR 5,000 and may be supplemented by other fines from other government bodies. Individuals may appeal fines.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.