Is Dismissing an Employee for Sexual Harassment in the Workplace Reasonable? What is the Union's Responsibility in Addressing this Issue?
Is it mandatory for enterprises to issue regulations for handling cases of sexual harassment in the workplace?
The Labor Code 2019 has issued general provisions on sexual harassment aimed at establishing a legal basis related to creating a healthy and safe working environment. However, in specific workplace circumstances, the current legal provisions are still not thoroughly applicable for complete resolution.
Therefore, the Labor Relations Committee, chaired by the Ministry of Labor - Invalids and Social Affairs, in cooperation with the Vietnam General Confederation of Labor and the Vietnam Chamber of Commerce and Industry, developed the “Code of Conduct on Sexual Harassment at the Workplace” to contribute to the enforcement of legal regulations and promote the prevention and combat of sexual harassment in practice.
Thus, it is essential for enterprises to establish their own regulations and rules that incorporate content related to handling acts of sexual harassment in the workplace to ensure the rights of employees at the enterprise.
Does the union have a responsibility in dealing with acts of sexual harassment in the workplace?
Article 3, Section IV of the Code of Conduct on Sexual Harassment at the Workplace 2015 stipulates the specific responsibilities of the union as follows:
The union is responsible for participating in the development and implementation of laws and specific regulations on sexual harassment within enterprises, and ensuring that all issues related to sexual harassment in the enterprise are negotiated fairly and transparently.
The union must also provide information, advice, and representation for employees who are sexually harassed, as well as employees accused of sexual harassment. The union should incorporate the content of sexual harassment at the workplace into legal education and training programs as a regular activity of the organization.
Can an employee who commits sexual harassment in the workplace be dismissed?
Can an employee who commits sexual harassment in the workplace be dismissed?
Article 1, Section V of the Code of Conduct on Sexual Harassment at the Workplace 2015 stipulates the contents that should be included in the internal rules and regulations of enterprises, including:
- Prohibition of sexual harassment in the workplace;- Clear definition of sexual harassment;- Clear and understandable complaint/reporting procedures;- Provisions on disciplinary actions for those who commit harassment and for anyone who makes false claims;- Measures for the protection and recovery for victims...
It can be seen that authorities, agencies, and sectors are increasingly paying attention to this issue. Specifically, according to Article 125 of the Labor Code 2019, the handling of employees who commit sexual harassment is as follows:
"Article 125. Applying the form of disciplinary dismissal
The form of disciplinary dismissal is applied by the employer in the following cases:
1. The employee commits theft, embezzlement, gambling, intentional injury, or uses drugs at the workplace;
2. The employee discloses business secrets, technological secrets, infringes on intellectual property rights of the employer, causes serious damage or threatens to cause particularly serious damage to the assets or interests of the employer, or commits sexual harassment at the workplace as stipulated in the labor rules;
3. The employee is subject to disciplinary action extending the period of wage increase or demotion but reoffends during the unexpired disciplinary period. Reoffending is when the employee repeats the violation that has been disciplined but not yet cleared according to Article 126 of this Code;
4. The employee voluntarily leaves work for 05 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntary leave without legitimate reasons.
Legitimate reasons include natural disasters, fires, sickness of oneself or one's relatives confirmed by a competent medical facility, and other cases as prescribed in the labor rules."
Based on the above regulations, if an employee commits sexual harassment in the workplace as stipulated in the labor rules of the enterprise, they may be subject to dismissal as a form of disciplinary action. Additionally, depending on the company's regulations, this employee may also be required to compensate for any material and emotional damage to the victim.
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