Aku nak share sikit info pasal Sexual Harassment mengikut law.. Selalunya bila seseorang wanita itu terkena sexual harassment, she will feel shy to share with others.. so dia akan menjadi murung dan tak suka datang kerja.. Alih-alih, boleh berhenti kerja sebab tak tahan...
Kat Malaysia nie, sexual harassment tu cam tak penting.. Tak ramai majikan yang ambil berat. Tapi sebagai pekerja, we have to protect our right.. So, aku nak share la article yang aku ambil dari jobsdb. Hopefully boleh membantu kita, what should we do sekiranya kita terkena sexual harassment..
Malaysian Labour Law : Regulation of Employment
4. SEXUAL HARRASSMENT
4.1 What Is Sexual Harassment?
- Sexual harassment means any unwelcome verbal, non-verbal, visual, psychological or physical conduct of a sexual nature that might, on reasonable grounds, be perceived by the victim as placing a condition of a sexual nature on his or her employment because of his or her sex.
- Sexual harassment may also consist of an unwelcome verbal, non-verbal, psychological or physical conduct of sexual nature that might, on reasonable grounds, be perceived by the victim as an insult or humiliation, or a threat to his or her well-being, and has no connection with his or her employment.
- Sexual harassment in the office includes work related harassment which happens outside the office. Such work related harassment may includes situations taking place at work-related social gathering or functions, conferences, workshop or training sessions and during work assignments outside the office.
- Sexual harassment in the course of work-related travel is also considered sexual harassment in the office. Where sexual harassment occurs as a result of employment responsibilities or relationship over the phone and through electronic media, it is also considered sexual harassment in the office.
4.2 Types of Sexual Harassment
There are two categories of sexual harassment, namely sexual coercion and sexual annoyance.
4.2.1 Sexual coercion
- It is known as quid pro qul sexual harassment in the United States.
- Sexual Coercion is a type of harassment which has direct results in some consequence to the victim's employment. It is an employment discrimination.
- Sexual coercion is under a condition of employment, where an openly or implicitly offer in keeping a job or getting a promotion is made by a supervisor to an employee in exchange for sexual favors. Such person normally has the power over promotion or raise of the employee.
- In sexual coercion, promotion and favorable job benefits will follow if an employee takes the advantage and consented to sex. On the contrary, if the employee rejects, the job benefits are denied.
4.2.2 Sexual annoyance
- It is also known as hostile environment sexual harassment.
- Sexual annoyance is a demeaning and unwelcome sexually related behavior that is offensive, hostile or intimidating to the victim, but has no direct connection to any job benefits. However, the annoying behavior creates an offensive working environment which affects the victim's ability to continue working.
- Sexual annoyance includes sexual harassment by an employee against a co-employee. Similarly, sexual harassment by a company's customer against an employee also falls into this category.
Nevertheless, the definition of subjective words like unwelcome, offensive and annoying still leaves for individual interpretation by courts.
4.3 The Differences Between Verbal, Non-Verbal, Visual, Psychological And Physical Harassment
- Verbal harassment – is in oral form and includes uncomfortable and offensive teasing, joking, questioning, jesting or making suggestive remarks or sounds, or verbal repartee.
- Non-verbal harassment – a leer with indecent overtone, sexual activity or desire denoted by hand signal, lips licking or food eating and persistent flirting.
- Visual harassment – covering the wall with pin-up, calendars, drawings, photographs of naked and scantily clad women or other sex-based materials and writing sex-based letter. Sexual exposure also falls under this form of sexual harassment.
- Psychological harassment – harms a person's psychological well being and includes oppressively constant proposals for dates, repeated undesirable physical intimacy or social invitations.
- Physical harassment – includes distasteful action such as touching of an intimate body part, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling and sexual assault.
- All forms of sexual harassment are behavior that elicit sexual attention.
4.4 Law in Malaysia to Deal Specifically with Sexual Harassment
- There is only one law in existence that comes close to dealing with the issue of sexual harassment in Malaysia - Penal Code, section 509.
Penal Code, section 509 provides that :
"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".
- This existing law deals more with physical aspects. Sexual harassment cases are currently handled by the police and claims are made under the Penal Code, section 509.
- 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.
4.5 Chances Of Seeing Justice Being Done
- Depending on the sensitivity and efficiency of your management, there are rather good chance that your case will be taken seriously is you have been sexually harassed. However, whether justice can been seen meted out is another matter
- By bringing up a sexual harassment case, you and the harasser will be cross-examined thoroughly.
- The difficulties in proving an allegation is the main reason for few cases on sexual harassment. Thus, witnesses and evidence are your most important "assets".
- Sexual harassment case may face years of expensive litigation. Furthermore, you will be forced to speak publicly about embarrassing events, be shunned by your co-employee and discriminated against by supervisors. These are the main reasons most women being sexually harassed don't sue or make any sort of formal complaint.
- In any sexual harassment case, you must promptly report to your management and the police. Long delay in reporting such case is among the problems faced by the police in sexual harassment probe as it may be difficult to determine the criminal intent.
- Since the current Penal Code, section 509 deals more with physical aspects of sexual harassment, not all sexual harassment perpetrators may be successfully brought to justice.
4.6 What Should I Do If I Am Being Sexually Harassed?
- You should take the following steps, if you are being sexually harassed at your workplace.
- Immediately object the behavior and make clear to the harasser that you don't like what he is doing.
- To avoid any miscommunication, make sure you be clear and direct. Don't apologize or smile.
- Keep written record of each incident. Describe the incident in full detail and note the date, time, witnesses and evidence if any and place the harassment happens. Look around you to see if there are any witnesses and evidence. They are your most important "assets". However, not all witness will agree to go on the stand. To some extend, intense pressure from you and helpful colleagues may help.
- Tell someone immediately after it happens. Next, try to seek their advice and let them know exactly what happened. It will be better, if you can speak to another manager about it.
- Make a formal complaint. If your company has procedures for resolving sexual harassment complaints, go through the channel. If it doesn't, speak to your boss or if he is the problem, speak to his superior. If there's no one you feel safe talking to, or if your complaint is ignored, you can make a police report. You might then want to consider hiring a lawyer to pursue a civil suit.
So, kalau terkena 'sexual harrasment', ambillah tindakan sepatutnya.. Jangan diamkan diri saje ok...