Draft Decree stipulating policies for female workers and ensuring gender equality is currently being submitted for public comments online. It is noteworthy that this Draft provides detailed regulations on behaviors considered sexual harassment in the workplace.
Article table of contents
Acts considered sexual harassment at the workplace from January 01, 2021 - Illustrative image
To be specific, according to Article 12 of this Draft, sexual harassment at the workplace involves any sexual behavior by any person towards another person at the workplace that is unwelcome or not accepted by that person, including:
- Sexually charged actions or gestures;
- Language, visual materials that specifically mention, describe, or relate to sexual activities;
- Suggesting, requesting, or implying an exchange of sexual favors for favorable evaluations or the promise of jobs, salaries, bonuses.
The workplace, as stipulated by the above regulation, is any location where the employee actually works according to the agreement or assignment by the employer, including locations or activities related to work such as social activities related to work, seminars, training sessions, official business trips, work-related meals, work-related phone conversations, and work-related communications via electronic means.
It can be seen that this is a completely new content stipulated in this Draft Decree. Currently, Decree 85/2015/ND-CP detailing a number of articles of the Labor Code on policies for female labor does not mention this content.
Previously, Labor Code 2019 adopted by the National Assembly on November 20, 2019, also defined acts of sexual harassment at the workplace as follows:
Article 3. Explanation of terms
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9. Sexual harassment at the workplace is any sexual behavior by any person towards another person at the workplace that is unwelcome or not accepted by that person. The workplace is any location where the employee actually works according to the agreement or assignment by the employer.
Also, according to Labor Code 2019, acts of sexual harassment at the workplace are strictly prohibited. Furthermore, from the effective date of this Code, the internal labor regulations of enterprises must include provisions for preventing and combating sexual harassment at the workplace, as well as procedures for handling acts of sexual harassment at the workplace. If the current internal labor regulations of enterprises do not yet include this content, when Labor Code 2019 is officially implemented, enterprises must amend and supplement accordingly.
Previously, the Labor Code 2012 mentioned sexual harassment behavior, but it was scattered across various articles, listed as one of the prohibited acts and one of the grounds for employees to unilaterally terminate the labor contract without notice. However, it did not provide a specific definition of this behavior nor mandate that internal labor regulations must include provisions on preventing and combating sexual harassment at the workplace.
See more content of the Draft Decree on policies for female labor and ensuring gender equality HERE.
Nguyen Trinh
