Workplace Bullying: Types, Penalties, and What to Do for HRs

Starting 11 July 2025, bullying at work is officially a crime in Malaysia. The government has amended the Penal Code and Criminal Procedure Code to treat harassment, intimidation, and even cyberbullying at the workplace as criminal acts. Employers must now step up with clear policies, training, and reporting systems to ensure full compliance.

What is Workplace Bullying (Buli di Tempat Kerja)

Workplace bullying refers to repeated and harmful behaviour (verbal, physical, psychological, or digital) that creates a hostile working environment. It includes insults, intimidation, exclusion, spreading false information, and even cyberbullying.

This issue is not just about employee well-being. Bullying reduces morale, increases turnover, and exposes companies to legal liabilities. Addressing it is both a moral responsibility and a compliance requirement under Malaysian law.

Amendments to the Penal Code & Criminal Procedure Code 2025

In response to rising concerns, the Malaysian Government introduced amendments to the Penal Code (Kanun Keseksaan) and the Criminal Procedure Code (Kanun Tatacara Jenayah), which take effect from 11 July 2025.

These amendments specifically classify workplace bullying, harassment, and cyberbullying as criminal offences. The new provisions (Sections 507B–507G) were designed to close gaps in the law, which previously did not adequately cover emotional and psychological harm, particularly in digital spaces.

Workplace bullying is no longer just an HR issue, and it is a criminal matter. Organisations must take stronger preventive and corrective measures to avoid legal consequences.

Relevant Sections & Penalties for Workplace Bullying

The amendments introduce several key sections employers should understand:

• Section 507B: Verbal or emotional harassment: imprisonment up to 3 years.

• Section 507C: Threats communicated (e.g., via email, chat): imprisonment up to 1 year or fine.

• Section 507D(1): Harassment causing mental distress: imprisonment up to 1 year.

• Section 507D(2): If harassment leads to a suicide attempt: imprisonment up to 10 years.

• Section 507F: Doxing (sharing personal information without consent): imprisonment up to 3 years.

Implication for employers: if bullying occurs within a company and is not properly addressed, both the perpetrator and the organisation can face reputational damage, legal action, and employee claims.

Types of Workplace Bullying

The new law recognises multiple forms of workplace bullying:

• Verbal bullying: threats, insults, or repeated offensive comments.
• Psychological harassment: intimidation, isolation, or excessive emotional pressure.
• Physical bullying: unwanted physical actions that cause harm or fear.
• Cyberbullying: humiliating or threatening colleagues through social media, messaging apps, or work platforms.
• Doxing: publishing personal details such as phone numbers or addresses without consent.

Employers must be alert to all these behaviours, as even “casual jokes” or “office banter” can now be classified as criminal harassment.

Impact of Legal Amendments on Employers & HR

The 2025 amendments significantly raise the bar for employer accountability:

• Higher liability: Bullying complaints can escalate into police cases. Employers must ensure proper handling to avoid negligence.

• Policy requirement: Companies are expected to have clear anti-bullying and harassment policies in place.

• HR compliance: Investigations must be fair, confidential, and aligned with legal standards.

• Culture shift: What was once brushed off as “office jokes” is now treated as a crime. Employers must promote respectful communication and safe practices.

Steps Employers & HR Should Take Against Workplace Bullying

To comply with the law and build a safer workplace, employers should:

1. Implement a zero-tolerance policy

Clearly state that bullying and harassment will not be tolerated, and outline disciplinary action.

2. Provide training and awareness

Equip managers and staff with the knowledge to identify, prevent, and report bullying.

3. Set up confidential reporting channels

Allow employees to report concerns safely, without fear of retaliation.

4. Conduct thorough investigations

Investigate all reports fairly, keeping records and protecting confidentiality.

5. Take corrective and preventive actions

Address offenders appropriately and take steps to prevent repeat incidents, such as counselling, mediation, or policy reviews.

How to build a Safe Workplace in Malaysia

Building a respectful and safe workplace culture goes beyond policies. Employers should:

• Draft and enforce anti-bullying policies. Share them with all staff during onboarding and refresher sessions.

• Train managers and employees. Ensure leaders know how to handle complaints and staff know their rights.

• Encourage open communication. Create an environment where employees feel comfortable raising concerns.

• Promote inclusivity. Celebrate diversity, prevent cliques, and ensure equal treatment across all levels.

A safe workplace improves productivity, reduces turnover, and positions the company as a responsible employer.

FAQ

1. What is considered workplace bullying under Malaysian law?

Any act of verbal, physical, psychological, or digital harassment that causes fear, distress, or harm.

2. Can employers be held responsible if workplace bullying happens?

Yes. Employers must ensure preventive measures are in place. Failure to act can lead to reputational and legal consequences.

3. How should HR document and investigate bullying complaints?

By keeping written records, gathering evidence, interviewing witnesses, and ensuring confidentiality throughout the process.

4. Are there legal protections for employees who report workplace bullying?

Yes. Whistleblowers are protected, and retaliation against complainants can result in further penalties.

5. What policies should companies implement to prevent workplace bullying?

Zero-tolerance anti-bullying policies, confidential reporting mechanisms, awareness training, and clear disciplinary frameworks.

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