Sexual harassment is a serious issue that no one should have to endure, especially in the workplace. Yet many employees in Malaysia remain unsure about their legal rights and what steps to take when such misconduct occurs.
As employment lawyers in Kuala Lumpur, we often assist both employers and employees in navigating workplace disputes, including those involving sexual harassment under the Employment Act 1955. Here’s what you need to know.
What is Sexual Harassment?
Under the Employment Act 1955, sexual harassment is defined as “any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural, or physical, that is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment”. It can happen between colleagues or between a superior and a subordinate.
Examples include:
- unwelcome sexual jokes or comments
- inappropriate touching or gestures
- sending sexually explicit messages via email, text, or messaging apps
- making repeated advances despite rejection
What Does the Law Say?
The Employment Act 1955 (Section 81A to 81G) requires employers to: –
- Investigate complaints of sexual harassment promptly
- Set up an internal inquiry committee to handle the complaint
- Take disciplinary action if the harassment is proven
Failure to investigate may result in the company being penalised. In more serious cases, employers may face liability under the Malaysian Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace.
What Are Your Rights as an Employee?
If you are being harassed at work: –
- You have the right to file a complaint with your employer.
- You can also lodge a complaint with the Director General of Labour, especially if your company fails to act.
- If you’re dismissed or punished after making a complaint, you may be able to pursue a claim for constructive dismissal, with the help of an industrial relations lawyer.
What Should Employers Do?
For employers, handling harassment complaints properly isn’t just good practice, it’s a legal obligation. Engaging a law firm with expertise in employment law ensures: –
- You follow the correct process during investigations
- You avoid exposure to wrongful dismissal or negligence claims
- You comply with your obligations under Malaysian employment law
Many companies today choose to retain a legal retainer package in Malaysia, so they have ready access to a corporate or employment lawyer for workplace issues, including disciplinary action, HR policies, and dispute resolution.
Conclusion
Sexual harassment is not just a moral issue, it is a legal wrong, and every employee is protected under the Employment Act 1955. Whether you’re an employee seeking justice or an employer needing guidance, proper legal advice can protect your rights and your reputation.
If you are looking for a dependable employment or industrial relations lawyer, or wish to explore a retainer package, our team is here to assist.
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