Parliament made history when the Anti-Sexual Harassment Bill 2021 was passed
Following a vote on July 20, 2022, Dewan Rakyat has decided to move on with the passage of a bill that will make it possible to enact laws protecting both men and women from sexual harassment.
And the law is for all Malaysians, as it covers all individuals irrespective of gender,
Women, Family and Community Development Minister Datuk Seri Rina Harun stated in the Parliament that “it is an indication of the commitment of the government to prevent sexual harassment among the genders.”
Under the Bill, an offender will not only be compelled to apologise to the victim but will also be ordered to make restitution for any losses that the victim incurred as a result of the offence.
If the sexual harassment occurred in public, the perpetrator will be obliged to issue an apology in front of the entire community.
Businesses are required to exhibit Anti-Sexual Harassment Posters or Materials or Notices
Datuk Seri Rina also mentioned that businesses will be compelled to exhibit anti-sexual harassment posters or materials or notices in the workplace. She claimed this will be a requirement.
The Government has also agreed to increase the penalty for employers who fail to manage incidences of sexual harassment in the workplace from RM10,000 to RM50,000,” she continued.
In line with the United Nations Convention
Rina reported to the House that efforts to implement laws against sexual harassment began in 2011, and after a series of engagement sessions, the proposed law was eventually tabled in Dewan Rakyat on December 15, 2021.
According to her, the proposed law is in line with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) and Article 8 of the Federal Constitution on gender equality.
Sexual Harassment Defined
The proposed definition of “sexual harassment” in the Bill includes the following elements:
Any unwanted conduct of a sexual nature.
The conduct can be in any form. This includes conduct which is:
verbal;
non-verbal;
visual;
gestural; or
physical.
The conduct must be directed at a person.
Reasonably offensive or humiliating / threat to his well-being.
Despite the fact that this definition is written in a way that leaves room for interpretation, it appears that there are boundaries to what can be considered “sexual harassment.”
For instance, offensive behaviour that is not directed at a specific person may not be within the scope of the definition provided by the statute.
The presence of consent may render claims of “unwanted conduct” invalid.
Employment (Amendment) Act 2022
It is essential to ensure the well-being of one’s workforce by providing a secure atmosphere in which they can perform their jobs.
This will help to keep morale and engagement levels high in the workplace. If an employer makes an effort to ensure that their workers are physically and mentally at ease, they will experience increased happiness and productivity.
Employment (Amendment) Act 2022 introduces a new section which requires employers to conspicuously exhibit a notice to raise awareness of sexual harassment in the workplace.
1. Some of the most significant amendments suggested to the Employment Act 1955 as a result of the Employment (Amendment) Bill 2021 (“the Bill”) include Amendment of Section 81F – Offence
2. To increase the amount of penalty imposed from RM10,000 to RM50,000 on employers for the offence of failure to inquire into complaints of Sexual Harassment.
15. Amendment of Section 57B – Duty to inform Director-General of Termination of Service of Foreign Domestic Employee [第57B条的修订 – 通知总监终止外籍家庭雇员服务的义务] https://lnkd.in/eFyc27Wn / https://lnkd.in/eeggM_AN
30. Deletion of Section 81G – Application of this Part [Sexual Harassment] Irrespective of Wages of Employee [删除第81G条 – 无论雇员的工资如何， 本部分 [性骚扰] 都适用] https://lnkd.in/eTsj62rE / https://lnkd.in/eJQFdzx7
1. Some of the most significant amendments suggested to the Employment Act 1955 as a result of the Employment (Amendment) Bill 2021 (“the Bill”) include Deletion of Section 81G – Application of this Part [Sexual Harassment] Irrespective of Wages of Employee
2. The existing section 81G extends the sexual harassment prohibition to apply not only to employees covered by the First Schedule to the Employment Act 1955 but also to any employee employed under a contract of employment, irrespective of his or her salary.
3. if the Amendment Act is passed into law in its current form, it will mean that the sexual harassment prohibition will only apply to employees covered by the First Schedule to the Employment Act 1955.
4. Such a move would inevitably lead to a deterioration in the protection against sexual harassment to employees, even though the Amendment Act has proposals to increase the penalties for non-compliance.
5. However, according to the Ministry of Human Resources, the government will make subsequent amendments to the First Schedule of the Employment Act 1955 through an order that will be issued by the Minister of Human Resources in accordance with the powers conferred by Section 2(2) of Act 265.
6. This will be done in order to ensure that all salaried persons in the country have access to the minimum benefits and protections that are outlined in Act 265.
15. Amendment of Section 57B – Duty to inform Director-General of Termination of Service of Foreign Domestic Employee [第57B条的修订 – 通知总监终止外籍家庭雇员服务的义务] https://lnkd.in/eFyc27Wn / https://lnkd.in/eeggM_AN
30. Deletion of Section 81G – Application of this Part [Sexual Harassment] Irrespective of Wages of Employee [删除第81G条 – 无论雇员的工资如何， 本部分 [性骚扰] 都适用] https://lnkd.in/eTsj62rE / https://lnkd.in/eJQFdzx7
1. Some of the most significant amendments suggested to the Employment Act 1955 as a result of the Employment (Amendment) Bill 2021 (“the Bill”) include New Section 81H – Notice on Sexual Harassment
15. Amendment of Section 57B – Duty to inform Director-General of Termination of Service of Foreign Domestic Employee [第57B条的修订 – 通知总监终止外籍家庭雇员服务的义务] https://lnkd.in/eFyc27Wn / https://lnkd.in/eeggM_AN
30. Deletion of Section 81G – Application of this Part [Sexual Harassment] Irrespective of Wages of Employee [删除第81G条 – 无论雇员的工资如何， 本部分 [性骚扰] 都适用] https://lnkd.in/eTsj62rE / https://lnkd.in/eJQFdzx7
