Code of Practice on the Prevention of Sexual Harassment

1. General

   • Sexual harassment and maltreatment on a sexual basis harm human dignity, freedom, privacy, and equality between the sexes; such also constitute criminal acts and a cause of action in torts as of the effective date of the Law for the Prevention of Sexual Harassment, 5758-1998 (the “Law for the Prevention of Sexual Harassment”).
   • Sexual harassment and maltreatment harm labor relations, are against Abra’s policy, and will not be tolerated.
   • The provisions of this code of practice do not derogate from, but rather supplement and regulate, the implementation of the provisions of any law. Nothing in this code of practice shall derogate from other directives and procedures that exist in Abra (including under the internal enforcement program). In the event of a discrepancy between this code of practice and the Law for the Prevention of Sexual Harassment and the regulations promulgated thereby, the latter shall prevail, and can be reviewed as specified in Section 5 of this code of practice.
   • The provisions of this code of practice shall apply to Abra and the companies held thereby, as being from time to time, and to every employee of any one of them.
2. Definitions

3. The prohibition on sexual harassment and maltreatment

   • Sexual harassment and maltreatment are illegal, and constitute:

     • A criminal offense punishable by imprisonment or a fine, for which a complaint can be filed with the police;
     • A civil offense for which a claim can be filed; in such a claim, monetary compensation and other remedies can be claimed, fixed or temporary, from the harasser, from the maltreater, and in certain cases – from the Employer of such;

4. The Employer’s responsibility and preventative measures

5. • In addition to the prohibition which applies to the Employer, as to every person, on harassing and maltreating, in accordance with the Law for the Prevention of Sexual Harassment, special responsibility applies to the Employer for the acts of the employees of the supervisors on his behalf, in the context of Labor Relations; An Employer must take three types of reasonable measures, as specified in this code of practice:

     • Preventing sexual harassment and maltreatment;
     • Efficiently handling sexual harassment or maltreatment of which it becomes aware;
     • Repairing the harm following sexual harassment or maltreatment, or following to the submission of a complaint or claim thereabout.
   • An Employer who does not take the measures as aforesaid in Section ‎1 shall be responsible for sexual harassment or maltreatment by its employee, or a supervisor on its behalf, in the context of Labor Relations, and the Employer may be sued therefor in a civil claim.
   • The Employer requires any such supervisor on its behalf and any such employee to refrain from acts of sexual harassment and maltreatment in the context of Labor Relations, and to do everything in his/her power to prevent such acts, in order to create, together with the Employer, a work environment free of sexual harassment and maltreatment.
   • The Employer requires any such supervisor on its behalf to take a key active role in preventing sexual harassment and maltreatment in the context of Labor Relations.
   • The Employer requires any such supervisor and employee to participate in training and information activities carried out on its behalf regarding the prohibition on and prevention of sexual harassment and maltreatment; alternately, the Employer allows its employees to participate in such activities during work hours, organized at reasonable times by other entities such as a representative workers’ union or rights organizations, provided that such does not impair the normal course of work.
   • The Employer requires that any such supervisor report to the Officer (as defined in Section 7 below) on personal relationships that exceed the ordinary work framework, between him/her and anyone reporting to him/her or over whom he/she has authority, immediately upon the formation of such relationship.

6. Receipt of information

   • An employee is entitled:

     • To review and receive photocopies of each of the following: The Law for the Prevention of Sexual Harassment; Regulations for the Prevention of Sexual Harassment; the place of work’s disciplinary guidelines on sexual harassment and maltreatment.
     • To receive information on the Employer’s information and training activities regarding the prohibition on sexual harassment and maltreatment and the prevention thereof.
   • An employee may demand receipt of such material and information from the relevant Officer:

Ms. Keren Tirosh, Head of HR, work phone number: 052-2600701.

6. The actions that can be taken in the event of sexual harassment and/or maltreatment

   • If the harassment or maltreatment was done in the context of Labor Relations, the person harassed is entitled to submit a complaint with the Officer, as specified in Section 8 of this code of practice.
   • Launch of criminal proceedings by filing a complaint with the police.
   • Launch of civil proceeding by filing a claim with the court against the harasser or maltreater or, if claimed that the Employer is responsible, against the Employer as well.

7. The Officer

   • The Employer shall appoint an officer in charge of sexual harassment issues (the “Officer”) who shall be a person suitable for fulfilling the duties of the Officer, in terms of his/her skills, experience, professional status, interpersonal skills, and familiarity with the law, regulations, provisions of the code of practice, and the disciplinary arrangement that apply.
   • Insofar as possible, the Employer shall appoint a woman to the position of Officer.
   • If the Officer is unable to fulfill his/her duties, the Employer shall appoint a stand-in for him/her.
   • Duties of the Officer:
10. • • Receiving complaints;
      • Holding an investigation in order to provide recommendations to the Employer regarding handling a sexual harassment or maltreatment incident in the context of Labor Relations;
      • Providing advice, information, and guidance to employees who contact him/her;
      • The Officer shall be responsible for implementing the provisions of this code of practice and implementing the provisions of the Law for the Prevention of Sexual Harassment and its regulations at the Employer;
      • The Officer shall be responsible for the distribution of the code of practice in accordance with the provisions of Section 9 below;
      • Any other role imposed on him/her in accordance with this code of practice or in accordance with the law.

8. Submission and handling of complaints

   • The following may file a complaint with the Officer:

     • An employee who claims that the Employer, supervisor, or another employee sexually harassed or maltreated him/her, in the context of Labor Relations;
     • Another person who claims that an employee of the Employer, or a supervisor on its behalf sexually harassed or maltreated him/her, the context of Labor Relations;
     • Another person on behalf of the aforesaid person in Sections 8.1.1 or 8.1.2 above.

   • Complaints must be submitted to the Officer, as defined in Section 7 above.

     • If the Officer is the person being complained about (the “Complainee”) or he/she has a personal connection to the subject of the complaint or to those involved, the complaint shall be submitted to the stand-in for the Officer, another officer, and in their absence – with the Employer (if the complaint is submitted to the Employer as aforesaid, the Employer shall act in accordance with this section as the Officer is supposed to act).
     • If the Complainee is an employee of a manpower contractor who is actually employed at the Employer –

(1)            The complaint shall be submitted to the Officer on behalf of the contractor or the Officer on behalf of the Employer;

(2)            If the complaint is submitted to the Officer on behalf of the contractor, such Officer may transfer the handling of the investigation of the complaint to the Officer on behalf of the Employer, and if the handling was transferred as aforesaid, the Officer on behalf of the contractor shall inform the complainant thereof.

• A complaint can be submitted in writing or orally. If a complaint is submitted orally:

  • The Officer shall record the content of the complaint, and note, insofar as possible, the following details: (a) the identities of those involved in the incident and whether they have a relationship of dependency, authority, etc., and the identities of witnesses, if any; (b) the location of the incident; (c) the date of the incident; and (d) a description of the incident, including whether the person harassed indicated to the harasser that the behavior bothered him/her.
  • The complainant or the person submitting the complaint on his/her behalf shall sign the record of the Officer to confirm its content.
  • The Officer shall give the complainant a copy of the signed record.

• Investigation of the complaint

  • For a complaint received as aforesaid, the Officer shall inform the complainant regarding the ways in which the complaint is being handled.
  • The Officer shall investigate the complaint and for such purpose, among other things, he/she shall hear from the complainant, the Complainee, and the witnesses, if any, and shall check all of the information he/her receives pertaining to the complaint.
  • The complaint shall be investigated efficiently and without delay.
  • The complaint shall be investigated with maximum protection of the dignity and privacy of the complainant, Complainee, and other witnesses, among other things, the Officer shall not reveal information he/she receives during the investigation of the complaint unless he/she is required do so for the sake of the investigation itself or by law.
  • During the investigation of the complaint, the Employer, through the Officer or other authorized functions, shall protect the complainant from harm in work matters as a result of the submission of the complaint or from other harm in the context of Labor Relations which has the potential to disrupt the investigation of the complaint; among other things, the Employer shall distance the Complainee from the complainant, insofar as possible and as it deems fit under the circumstances.

  • At the end of the investigation of the complaint, the Officer shall, without delay, submit to the Employer a written summary of the investigation of the complaint, together with his/her reasoned recommendations with respect to the continuation of the treatment thereof. If the Complainee is an employee of a manpower contractor who is actually employed at the Employer, the Officer shall submit his/her summary to the contractor and the Employer. The Employer shall decide, without delay and within a period that shall not exceed 7 work days, in a reasoned written decision, on the exercise of its powers with respect to each of the following (the “Decision”):

    • Giving instructions to the employees involved in the incident, including regarding appropriate rules of behavior in the context of Labor Relations, distancing the Complainee from the complainant, as well as taking measures in work matters, in order to prevent the recurrence of the act of sexual harassment or maltreatment, or to repair the harm caused to the complainant following the harassment or maltreatment;
    • Opening disciplinary proceedings against the Complainee;
    • Taking no measures whatsoever.
  • The Employer shall act without delay to implement its Decision under Section 8.4.6 above, and shall deliver a reasoned written notice on its Decision to the complainant, Complainee, and Officer. The Employer shall allow the complainant and Complainee to review the Officer’s summary and recommendations, as delivered to the Employer by the Officer.

  • Notwithstanding the foregoing in this Section 8.4, the Employer may delay or change the implementation of the Decision due to disciplinary or legal proceedings pertaining to the incident that is the subject of the Decision. If it decides to delay or change the Decision as aforesaid:

    • It shall deliver a reasoned notice on such, in writing, to the complainant, the Complainee, and the Officer;
    • As long as the aforesaid proceedings have not ended, the Employer shall act in accordance with the aforesaid in Section 8.4.5.
    • Once the said disciplinary or legal proceedings have ended, it shall deliver its decision in accordance with the aforesaid in Sections 8.4.6 and 8.4.7.

9. Distribution of the code of practice and training to implement the code of practice

   • Immediately upon the approval of the code of practice, the Officer shall distribute the code of practice to all of the employees of the Company in which he/she serves as the Officer.
   • Shortly after the approval of the code of practice, the Officer shall hold a training session for all of the employees of the company in which he serves as the Officer, in which the Officer shall present the code of practice and its provisions to the employees, explain the manner of conduct in the event of a complaint, and respond to employees’ questions.
   • Every six months, the Officer shall distribute the code of practice to the employees of the company in which he/she serves as the Officer, and shall hold a refresher training session for employees on the code of practice and its provisions.
   • An employee commencing his/her employment shall receive a copy of the code of practice and shall confirm, in the form attached to this code of practice as Annex A, that he/she read and understood the code of practice.
   • If the code of practice is updated, the Officer shall distribute the updated code of practice to the employees of the Company in which he/she serves as the Officer, and shall hold a training session for employees on the changes to the code of practice.

In this Section 9, the “code of practice” includes the details of the identity of the Officer and the methods of contacting him/her.

10. Updating the code of practice

Once a year, the Officer shall review the need to update the code of practice, in accordance with changes in the provisions of the law, case law, regulations, regulatory guidelines, or any other law.