Responsibilities of Employers in the Prevention of Sexual Harassment in the Workplace in Vietnam

1. Sexual harassment in the workplace

According to the provisions of Clause 2, Article 84 of Decree 145/2020/ND-CP of Vietnam, the acts of sexual harassment at work include:

- Actions, gestures, 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.

In which, the workplace is any location where the employee works in reality as agreed or assigned by the employer, including the work-related locations or spaces such as social activities, conferences, training sessions, business trips, meals, phone conversations, communications through electronic media, on shuttles provided by the employer and other locations specified by the employer

2. Employers are obliged to develop and implement solutions to prevent and combat sexual harassment at workplace

According to the provisions of Article 84 of Decree 145/2020/ND-CP, the employer needs to issue regulations on prevention and combat of sexual harassment in the labor regulations or in the appendix issued with the internal labor disciplines, including the following basic contents:

- Prohibition of sexual harassment in the workplace;

- Regulations on acts of sexual harassment at the workplace in accordance with the nature and characteristics of the job and the workplace;

- Responsibilities, deadlines, order and procedures for internal dealing with sexual harassment acts at the workplace, including responsibilities, time limits, order and procedures for complaints, denunciations and solutions settlement of complaints and denunciations and related regulations;

- The form of labor discipline for the person who commits the act of sexual harassment or the person who makes false accusations corresponding to the nature and seriousness of the violation;

- Compensation for damage to victims and remedial measures.

3. Responsibilities and obligations to prevent and combat sexual harassment at the workplace of the employer

Accordingly, the employer has the following responsibilities:

- Implement and supervise the implementation of legal provisions on prevention and combat of sexual harassment in the workplace;

- Organize propaganda, popularize and educate the employees on the laws and regulations on prevention and combat of sexual harassment at the workplace;

- When a complaint or denunciation about sexual harassment occurs at the workplace, the employer must promptly prevent, handle and take measures to protect the confidentiality, honor, reputation, and employee's privacy. products, safety for victims of sexual harassment, complainants, whistleblowers and complainants and denouncers.

Above are the legal regulations on the employer's responsibilities in preventing and combating sexual harassment in the workplace in Vietnam.

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