Vietnam: When will it be recognized as sexual harassment in the workplace?

17:15, 21/12/2020

Recently, the Government of Vietnam has issued the Decree No 145/2020/NĐ-CP on elaboration of some articles of the Labor Code on working conditions and labor relations in Vietnam.

quấy rối tình dục, Nghị định 145/2020/NĐ-CP

According to Article 84 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, sexual harassment defined by Clause 9 Article 3 of the Labor Code of Vietnam may occur in the form of a request, demand, suggestion, threat, use of force to have sex in exchange for any work-related interests; or any sexual acts that thus creates an insecure and uncomfortable work environment and affects the mental, physical health, performance and life of the harassed person. Sexual harassment in the workplace includes:

- 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.

Note: The workplace mentioned in Clause 9 Article 3 of the Labor Code of Vietnam means 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.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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