Sexual Harassment: Heavier Fines for Employers Who Fail to Act

A revision to Section 81F of the Employment Act 1955, which concerns sexual harassment complaints, will see an increase in fines from RM10,000 to RM50,000.

As of now, the section states that an employer who fails to inquire into sexual harassment complaints, notify the complainant of the refusal and the reasons behind it or submit a report on the inquiry can only be fined up to RM10,000. 

 

New provision in the Employment Act

Additionally, the Ministry of Human Resources announced that it is currently proposing a new provision, which is Section 81H that states: 

"The employer shall, at all times, exhibit conspicuously at the place of employment, a notice to raise awareness of sexual harassment."

The ministry said this provision would require employers to show a notice to all employees on preventing sexual harassment at the workplace. It tabled the amendments on Oct 25, 2021, for the first reading.

The amendment would increase fines from RM10,000 to RM50,000.

Anti-Sexual Harassment Bill to complement Employment Act

In another news, the Department of Labour of Peninsular Malaysia stated that the Anti-Sexual Harassment Bill would complement the Employment Act since the current law protects those under the context of employers and employees only.

"The Bill has a broader scope regardless of whether the offence occurred at work or anywhere else.

"Through this new Bill, employees who are victims of sexual harassment have more options whether to submit a complaint to the Department of Labour or the new tribunal that will be created under this Bill, depending on the remedies claimed by the victim," it stated.

The department also said this is due to the fact that the tribunal created under the new Bill would have broader powers, such as ordering the sexual harassment perpetrators to pay damages or compensation of up to RM250,000 to the victim.

Therefore, it said the new Bill would complement the existing law and help address sexual harassment more comprehensively and effectively. 

 

The existing laws on sexual harassment in the Employment Act

According to section 81A of the Employment Act 1955 (2012 revision), "―sexual harassment means any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment;"

According to section 81F of the Employment Act 1955:

81F. Any employer who fails—

(a) to inquire into complaints of sexual harassment under subsection 81B(1);

(b) to inform the complainant of the refusal and the reasons for the refusal as required under subsection 81B(2);

(c) to inquire into complaints of sexual harassment when directed to do so by the Director-General under paragraph 81B(5)(a) or subsection 81D(2); or

(d) to submit a report of inquiry into sexual harassment to the Director-General under subsection 81D(2);

commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

 

Source: The Star