This is one of the noteworthy contents in the Draft of the Amended Labor Code, which is still in the period of public opinion collection, expected to take effect from January 1, 2021.
Article table of contents
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To be specific: according to the regulations in Article 8 of the Draft, one of the prohibited acts in labor law is the act of “sexual harassment in the workplace.”
According to this Draft, sexual harassment in the workplace is any sexual nature behavior by any person towards another person in the workplace that is unwanted or unacceptable by that person. The workplace is any location where the worker actually works according to the agreement or assignment by the employer.
Thus, the Draft has added specific explanatory provisions on what constitutes sexual harassment in the workplace compared to the current regulations in the Labor Code 2012 (the Labor Code 2012 only stipulates this as a prohibited act without giving a specific definition of this act).
Additionally, the Draft also includes a definition of discriminatory behavior in labor, accordingly, discrimination in labor is any act that reduces or creates preferential treatment in terms of job opportunities, job performance, working conditions, and promotion and career development opportunities for one or a group of workers compared to another worker or group of workers. Actions that maintain and protect the employment of vulnerable workers are not considered discriminatory.
Nguyen Trinh
