Vietnam: What does sexual harassment in the workplace include? Does an employee sexually harassed in the workplace have the right to unilaterally terminate the concluded employment contract?
- What does sexual harassment in the workplace in Vietnam include?
- What are the required contents in the employer's regulations on preventing and combating sexual harassment in the workplace?
- What are the responsibilities and obligations for preventing and responding to sexual harassment in the workplace in Vietnam?
- Does an employee sexually harassed in the workplace in Vietnam have the right to unilaterally terminate the concluded employment contract?
What does sexual harassment in the workplace in Vietnam include?
Pursuant to Clause 1, Article 84 of Decree 145/2020/ND-CP on sexual harassment in the workplace as follows:
Sexual harassment may occur in the form of:
- A request, demand, suggestion, threat, or use of force to have sex in exchange for any work-related interests;
- Or any sexual acts that thus create an insecure and uncomfortable work environment and affect the mental, and physical health, performance and life of the harassed person.
Sexual harassment at the workplace includes the acts specified in Clause 2, Article 84 of Decree 145/2020/ND-CP as follows:
- Actions, gestures, and physical contact with the body of a sexual or suggestive nature;
- Verbal sexual harassment: sexual or suggestive comments or conversations in person, by phone, or through electronic media
- Non-verbal sexual harassment: body language; display, description of sex or sexual activities whether directly or through electronic media.
What are the required contents in the employer's regulations on preventing and combating sexual harassment in the workplace?
Pursuant to Article 85 of Decree 145/2020/ND-CP, the employer's regulations on preventing and combating sexual harassment shall be included in the labor regulations or issued as an appendix to the labor regulations and have the following primary contents:
+ Sexual harassment in the workplace is prohibited;
+ Detailed and specific descriptions of what are considered sexual harassment in the workplace according to the characteristics of the works and the workplace;
+ Responsibility, deadline, and procedures for responding to sexual harassment in the workplace, including those for filing and settling complaints and accusations, and relevant regulations;
+ Disciplinary actions against perpetrators of sexual harassment and false accusations, which depend on the nature and seriousness of the offense;
+ Compensation for victims and remedial measures.
Note: The employer’s regulations on sexual harassment-related complaints and accusations and responses to sexual harassment shall adhere to the following principles:
+ Responses are quick and timely;
+ Privacy, dignity, honor, and safety of the victims, plaintiffs, and defendants are protected.
What are the responsibilities and obligations for preventing and responding to sexual harassment in the workplace in Vietnam?
Pursuant to Article 86 of Decree 145/2020/ND-CP stipulating the responsibilities and obligations for preventing and responding to sexual harassment in the workplace in Vietnam as follows:
- The employer shall:
+ Implement and supervise the implementation of regulations of law on preventing and combating sexual harassment in the workplace;
+ Organize dissemination of regulations of law on preventing and combating sexual harassment in the workplace among employees;
+ Prevent and/or respond to sexual harassment in the workplace whenever a complaint or accusation is made; take measures to protect the privacy, dignity, honor and safety of the victims, plaintiffs and defendants.
- Employees shall:
+ Strictly implement regulations on preventing and combating sexual harassment in the workplace;
+ Participate in the development of a work environment without sexual harassment;
+ Prevent and report sexual harassment in the workplace.
- The internal employee representative organization shall:
+ Participate in the formulation, implementation and supervision of the implementation of regulations on preventing and combating sexual harassment in the workplace;
+ Provide information and consultancy and represent sexually harassed employees and employees accused of sexual harassment.
+ Disseminate and provide training in regulations on preventing and combating sexual harassment in the workplace.
Does an employee sexually harassed in the workplace in Vietnam have the right to unilaterally terminate the concluded employment contract?
Pursuant to Point d, Clause 2, Article 35 of the Labor Code 2019 on the right of an employee to unilaterally terminate the employment contract as follows:
The right of an employee to unilaterally terminates the employment contract
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2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:
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d) is sexually harassed in the workplace;
Accordingly, an employee sexually harassed in the workplace in Vietnam has the right to unilaterally terminate the concluded employment contract without prior notice.
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