SEXUAL HARASSMENT IN THE WORKPLACE

A reader asks: As an HR, do you think it is right for some employees to use the book “Art of Seduction” at work? Do you think, superiors have to tolerate those who are following or practicing that book? Thank you.

My response: I personally have not read the book so I cannot comment about its content.

Regardless, HR people do not really have any right or obligation to disallow or ban people from reading books of their liking. Employees are adults and they are old enough to decide what books to read. Plus we live in a democratic society where people are free to read whatever book fancies them.

The only time HR can get involved is if a sexual harassment complaint is filed. For example, as a result of reading and applying the book, someone crosses the line and commits inappropriate behaviour towards a co-worker. If the co-worker feels that she was sexually harassed and she feels uncomfortable working in that environment, she can file a complaint with HR. The HR will then organize a committee to investigate the matter and if the person is found guilty, appropriate sanctions based on company policies and the law will be implemented.

So HR can discipline people for inappropriate behaviour, however, they cannot ban or sanction people from reading books.

SEXUAL HARASSMENT IN THE WORKPLACE

The reader's question inspired me to write about an extreme form of bullying in the workplace and that is, Sexual Harassment. Although the reader's situation does not yet constitute sexual harassment, I'd like to shed some light on the matter.

So what is Sexual Harassment?

According to the Anti-Sexual Harassment Act of 1995, “Sexual harassment is committed usually in the form of physical abuse such as malicious touching, overt sexual advances or gestures with lewd insinuation.

It may also be committed through verbal requests or demands for sexual favors, and lurid remarks. Or it may be visual, using objects, pictures or graphics, letters or writing notes with sexual underpinnings.

This can happen in the premises of the workplace, office, school or training institution. It can happen in any place, business or social functions where the parties were found as a result of work, education or training. It can happen while on official business outside the workplace or training-related travel, or at official conferences, symposia or training sessions. It can also happen by telephone, cellular phone, fax machine or electronic mail.”

So let's say your boss hugs you and gives you a kiss on the cheeks to congratulate you on closing a sale, can you call that sexual harassment?

The answer is, it depends on how the hug and kiss was done and more importantly, the situation you find yourself in.

Sexual harassment is considered as such “if it is used as a basis for any employment decision such as matters related to hiring, promotion, raise in salary, job security or benefits; if it interferes with your work performance; if it creates an intimidating, hostile or offensive work environment; or cause discrimination, insecurity, discomfort, offense or humiliation."

I have a friend who works as a bookkeeper of a company. An external auditor kept asking her out to meet him for coffee and have a “good” time after. While working with her, he kept on asking intimidating questions about her work and making her feel incompetent because she wouldn’t go out with him. At one point, after rejecting several invitations, he asked her “Magkano ba sweldo mo sa trabaho? Kung gusto mo ako na lang ang bubuhay sa iyo?” (How much salary do you get? If you want, I can pay for your living.) She is a married woman.

Because of this, she felt so stressed at work and couldn’t sleep at night. She didn’t want to see the auditor and started feeling anxious and dreadful at the thought of going to work and possibly seeing him. She couldn’t work properly.

Would you consider this a form of sexual harassment? Although he never touched her physically, he made her uncomfortable with his advances and he spoke with sexual innuendos. Lucky for her, when she discussed this matter to her boss and showed proof via voice recording, management sided with her and immediately found a replacement auditor. She didn’t want to file charges, she just wanted him out of her life. So peace was easily restored.

Many victims do not file complaints because going through the process of complaining and discussing the incident rocks the boat and may cause further embarrassment. I personally think that people should choose their battles. There are forms of sexual harassment that are truly unforgivable, but there are also some that are just slight or belong to the grey areas. To a certain extent, it also depends on the victim’s sensitivity and culture. If you want to tolerate this form of bullying instead of fight, you may have a good reason for it and should think about it thoroughly. But if you want to fight, it is good to know that there are laws to help you with your battle against sexual harassment.

Victims of sexual harassment in the workplace can file a complaint against this form of bullying and your HR department should be able to help you. The Anti-sexual harassment act of 1995 further discusses the rules, guidelines and procedures for filing complaints. To read the law governing sexual harassment, you can visit www.chanrobles.com

Best Careers in Human Resources (Part 2)

This is part 2 of the Best Careers article in Human Resources which was published in Manila Bulletin last July 13.

Welcome to Part 2 of our Best Careers Series in Human Resources. In my previous column, we discussed the Career Path of HR Practitioners and the benefits of being in HR. (To read Part 1, visit my blog: http://worklifenow.blogspot.com).

Now let me discuss the different positions and specialized functions that you can look into in the field of Human Resources. I hope this Career Guide will help you in your career planning, or at least give you an insight on what HR practitioners do in their jobs.

General HR Practitioner
Considered a jack-of-all-trades, an HR generalist does all-around-HR work. They do most of the regular functions of HR such as recruitment, employee induction programs, compensation & benefits administration, employee records management and employee discipline. Employed by SMEs, they usually handle an employee base of 5 to 30 for small companies or even 30-200 for medium-sized companies. The HR department set-up for general HR practitioners is fairly simple with usually a Manager, a Supervisor and an Assistant comprising the HR team.

If you want to learn the ropes and do different HR-related work in a small to medium size enterprise, this may be a good fit for you.

Recruitment Specialist
If there is extensive and constant need for hiring new employees (i.e. Call Centers, BPOs, Manpower Recruitment Firms), companies usually employ Recruitment Officers. These people are in-charge of posting job ad placements, joining job fairs, screening applicants, conducting job tests, interviewing and checking the references of job candidates. The goal is to find the best candidate who is a good match for the vacant job positions and to ensure that employee will stay long enough in the company. If the recruiter does a good job, the company will gain from it. If the recruiter does a poor job, it becomes very costly for the company.

If you enjoy meeting people and are quite adept at reading people and investigating their background, being a Recruitment Specialist may be something you might want to try.

Training Specialist
Training and Development is a progressive function of HR. Some companies hire in-house Training Officers who are tasked to provide Orientation Training to new hires, train employees on corporate soft-skills or even technical hard-skills. Most of them conduct training needs analysis and develop year-long training calendars for their employees. Depending on the level of training course difficulty, they may develop and conduct the seminars themselves or they can hire external providers to conduct the training for them.

If you are passionate about learning and education, if you enjoy training and public-speaking, you may want to consider a career as a training specialist.

Compensation & Benefits Specialist
Compensation and benefits are the favorite part of every employee. And the person who administers and makes this all happen is the Compensation and Benefits Officer. The functions of this type of specialist may include the more mundane task of payroll computation and time-keeping (although some companies have automated systems or let their accounting department handle this), but it also extends to Job Evaluation, Pay Structure Design, Benefits and Incentive Program Design. It is one of the most technical aspects of Human Resources in the sense that you will need to know how to compute, budget and forecast, but it is one of the most critical functions as this directly affects all employees and the company itself. A good Compensation & Benefits program increases team morale, motivates employees to produce more and make the company thrive. A poor one does the exact opposite and simply depletes the resources of the company and its people.

If you are good with numbers, if you like designing and planning programs that affect many people, if you would like to have a direct say or influence in your company’s compensation structure, you may want to consider becoming a Compensation and Benefits Specialist.

Employee Engagement Specialist
Big companies have many teams within the HR department. One fairly new field in HR is Employee Engagement. An “engaged employee” is fully involved in and enthusiastic about his or her work and thus will act in a way that will further the company’s interest.
The role of the Employee Engagement Team is get employees enthusiastically involved, so they plan and implement programs and community-building projects that will re-energize the workforce. This may include fun, stress-busting activities such as art and crafts workshops, movie premieres, learning events, volunteer work and teambuilding.

Organizing these activities involves a great deal of work and someone has to do it. So if you like events management and planning fun and energizing activities for people, you may want to look for an Employee Engagement job vacancy from large firms.

HR Legal Counsel & Employee Relations Specialist
The Labor Code of the Philippines is an important area of practice in Human Resources.
Many large companies hire lawyers to head or become part of their HR team as a Legal Counsel. Aside from important contracts and legal documents, they handle the critical aspects of labor relations, DOLE matters, and collective bargaining agreements with unions.

So if you are a lawyer, you may want to specialize in HR as it is a present need for many companies. However, if you want to be a full-fledge HR professional (with or without a law degree), a working knowledge of the Philippine Labor Law will prove to be very useful and helpful in your career.

HR Consultant
Many HR practitioners with 15-25 years experience in the field retire from full-time work and pursue careers as HR Consultants. Most SMEs and Business Start Ups need someone to help set up their HR department, as well as guide them in setting up policies, compensation and benefits structures and even fill in executive posts. Some of these companies hire HR consultants on a part-time or retainership arrangement. This type of job is perfect for HR practitioners with extensive experience, but who prefer to be their own boss.

If you have extensive HR management experience and would like to have more control of your work hours, this may be a career choice for you.

Human Resources offer a wide array of career options and opportunities for people with different types of personalities and skills. It can be both financially and socially rewarding, because it is one career where you can directly make a difference in your co-workers’ lives and make everyone benefit from your great work. May you find the best career for you, whether it is in Human Resources or another field. Good Luck!


About the Writer:
Jhoanna O. Gan-So is president of Businessmaker Academy and the managing director for HR Club Philippines. Her company conducts seminars on Human Resource Management and Corporate Skills Development. They have also recently launched the Instant HR Toolkit, a service that provides HR practitioners with over 100 ready-to-use downloadable, customizable and printable HR manuals, contract, letters forms and templates. To know more about HR seminars that they offer, you may visit www.businessmaker-academy.com or call (632)6874645. To know more about the Instant HR Toolkit, you may visit www.hrclubphilippines.com. You may email your comments and questions to: mbworklife@gmail.com