Enterprises must establish regulations on the prevention and control of sexual harassment in the workplace, which is one of the noteworthy provisions in the Draft Decree on policies for female employees and ensuring gender equality. This Draft Decree is expected to take effect from January 01, 2021, and will replace Decree 85/2015/ND-CP.
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Enterprises must have regulations on the prevention of sexual harassment in the workplace - Illustrative Image
To be specific, according to Article 13 of this Draft, the employer must define regulations on the prevention of sexual harassment in the workplace within the labor regulations. The content on the prevention of sexual harassment in the workplace can be prescribed in a separate document and attached as an appendix to the labor regulations.
The employer's regulations on the prevention of sexual harassment in the workplace must include the following basic content:
- Prohibiting acts of sexual harassment in the workplace;- Detailed and specific regulations on acts of sexual harassment in the workplace suitable to the employer's characteristics;- Protection of the confidentiality, honor, reputation, dignity, and safety for victims of sexual harassment, accusers, and the accused;- Procedures for handling acts of sexual harassment in the workplace, including authority, procedures for complaints, denunciations, and resolving complaints, denunciations, and related regulations;- Forms of labor disciplinary actions for those who commit acts of sexual harassment or falsely accuse others.
According to this Draft, employers are obliged to implement and supervise the implementation of legal provisions on the prevention of sexual harassment in the workplace; organize the dissemination and education of laws and regulations on the prevention of sexual harassment in the workplace to employees.
When complaints or accusations of sexual harassment in the workplace arise, the employer must promptly prevent the acts of sexual harassment and take measures to protect the confidentiality, honor, reputation, dignity, and safety of the victims, accusers, and the accused. In case of accusations of sexual harassment in the workplace without taking preventive or handling measures, the employer must compensate for the damage to the victim.
This is a completely new provision that has just been supplemented in this Draft Decree. Currently, Decree 85/2015/ND-CP detailing the Labor Code on policies for female employees does not include this content.
Note: Sexual harassment in the workplace refers to any sexual action by any individual towards another person in the workplace that is unwanted or unaccepted by the latter, including:
- Sexual gestures or actions;- Language, visual materials specifically referring to, describing, or related to sexual activities;- Proposals, requests, or suggestions to exchange sexual relations for favorable evaluations or promises of jobs, wages, or bonuses.
Nguyen Trinh
