Sexual harassment is a fairly common behavior in the working environment of employees. Although the 2012 Labor Code (LLD 2012) strictly prohibits this behavior, it has not been truly specific and detailed. In the Draft Summary Report evaluating 3 years of implementation of the 2012 Labor Code (Referred to as the Draft Report) by the Ministry of Labor, Invalids, and Social Affairs (MOLISA), it has been proposed to specifically regulate the behavior of "Sexual harassment at the workplace."
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According to the Labor Code 2012, “Sexual harassment at the workplace” is a prohibited act and a reason for an employee to unilaterally terminate their labor contract. However, this regulation is a limitation mentioned in the Draft Report: “Sexual harassment at the workplace,” stipulated in Clause 2 Article 8, Point c Clause 1 Article 37 and Clause 1 Article 183 of the Labor Code 2012, which lacks clear definitions and specific explanations. This leads to the regulation not being effectively implemented in real life, with many issues still unresolved.
As of now, Vietnam does not have official statistics on workplace sexual harassment and has not dealt with any harassment cases strictly. Perhaps this is a sensitive issue, difficult to discuss openly, making both employees and employers quite vague: What constitutes sexual harassment? And how should it be dealt with?
In 2012, the Ministry of Labor, Invalids and Social Affairs (MOLISA) cooperated with the International Labor Organization (ILO) to conduct a quick survey and research on the status of workplace sexual harassment in Vietnam, targeting 102 individuals including state management officials, workers, students, etc. The research results indicated that sexual harassment is quite common, occurring everywhere and in every environment, affecting individuals of various ages. The majority of the victims of workplace sexual harassment were women (accounting for 78.2%).
On May 25, 2015, MOLISA, together with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, with the assistance of the ILO, publicly announced the Code of Conduct on Workplace Sexual Harassment. However, this code of conduct is not a legal document, but merely a recommendation for businesses to incorporate into their internal regulations.
The content of the Code is illustrated as follows:
Additionally, workplace sexual harassment and sexual harassment in general are stipulated in the Penal Code. However, this act is only considered a violation if it is severe, such as sexual assault, rape, or coercion.
Therefore, proposing and suggesting specific and detailed regulations on "Sexual harassment at the workplace" is necessary, primarily to protect the legal rights and interests, and to create a safe and equal working environment for employees.
