Sunday, 29 November 2009
Sexual Harassment
it is basically any unwelcome verbal, visual, physical, non-verbal, psychological conduct that is considered to be sexual in nature than might, on reasonable grounds that can be perceived by the victim as placing a condition of a sexual nature on their employment because of their sex.
You got an experienced towards to this matter? How you solved it?
Well...when we talk about law, unfortunately there are no specifically law in Malaysia deal with Sexual Harassment cases. However, there is one law in existence that comes close in dealing with such issues of sexual harassment in Malaysia and it is the Penal Code, section 509.
The Penal Code, section 509 : (sources)
"Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both".
Nevertheless, the Industrial Relations Act 1967, may be amended to provide for action against sexual harassment perpetrators. This amendment is to curb sexual harassment.
In the meantime, the Ministry of Human Resources is using its influence to encourage employers to adopt the Code of Practice against sexual harassment and an internal mechanism to prevent sexual harassment at the workplace. This code was introduced in 1999.
The Code of Practice outlines the statement of purpose, legal definition of harassment, descriptions of behavior that constitutes harassment, how employees should handle harassment, how the company handles complaints, what kind of disciplinary action and name and phone numbers to lodge a complaint.
Majority of businesses in Malaysia DO NOT have any form of policy against sexual harassment.
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