Law On Harassment In The Workplace In Malaysia

In malaysia sexual harassment is defined as unwanted conduct from one individual to another in a verbal non verbal visual psychological or physical manner.

Law on harassment in the workplace in malaysia. Until 2012 there were no statutory provisions on sexual harassment in malaysia. Sexual harassment laws in malaysia. Unfortunately it has a lot of limitations. Workplace harassment is a form of discrimination that violates title vii of the civil rights act of 1964 and other federal regulations including the age discrimination in employment act of 1967 and the americans with disabilities act of 1990.

Under this law you are entitled to bring a claim to the workplace relations commission and your employer may be obliged to pay you compensation if you are harassed by reason of your. As 2020 fast approaches malaysian women still face challenges of gender inequality which is symptomatic of the patriarchal system. The employment equality acts 1998 2015 place an obligation on all employers to prevent harassment in the workplace. Since 2000 wcc has been spearheading the joint action group for gender equality jag to campaign for a sexual harassment law for malaysia.

In april 2012 the employment act 1955 was amended to require employers to inquire into complaints of sexual harassment. Sexual harassment is covered under part xva employment act 1955. In the non legally binding code of practice on the prevention and eradication of sexual harassment in the workplace prepared by the malaysian ministry of human resources sexual harassment is defined as in article 4 as. Family status for example as a parent of a child.

However the amendments did not provide for a complainant to claim damages from their harasser or from their employer. Any unwanted conduct of a sexual nature having the effect of verbal non verbal visual psychological or physical harassment. A law could also mandate that all companies have in place proper mechanisms to protect employees and deal with harassment. Workplace harassment under federal law and department of labor dol policy harassment by dol employees of dol employees based on race color religion sex including gender identity and pregnancy national origin age disability genetic information sexual orientation or parental status is prohibited.

Sexual harassment in the workplace is a serious misconduct as it belittles an employee s honour reputation and dignity.