Employer’s regulations on preventing and combating sexual harassment in the workplace in Vietnam

Employer’s regulations on preventing and combating sexual harassment in the workplace in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Employer’s regulations on preventing and combating sexual harassment in the workplace in Vietnam

Employer’s regulations on preventing and combating sexual harassment in the workplace according to Article 85 of Decree 145/2020/ND-CP are as follows:

- The employer’s regulations on preventing and combating sexual harassment shall be included in the labor regulations or issued as an appendix to the labor regulations and have the following primary contents:

= Sexual harassment in the workplace is prohibited;

= Detailed and specific descriptions of that are considered sexual harassment in the workplace according to the characteristics of the works and the workplace;

= Responsibility, deadline and procedures for responding to sexual harassment in the workplace, including those for filing and settling complaints and accusations, and relevant regulations;

= Disciplinary actions against perpetrators of sexual harassment and false accusations, which depend on the nature and seriousness of the offence;

= Compensation for victims and remedial measures.

- The employer’s regulations on sexual harassment-related complaints and accusations and responses to sexual harassment shall adhere to the following principles:

= Responses are quick and timely;

= Privacy, dignity, honor and safety of the victims, plaintiffs and defendants are protected.

2. Responsibility for preventing and responding to sexual harassment in the workplace in Vietnam

Responsibility for preventing and responding to sexual harassment in the workplace according to Article 86 of Decree 145/2020/ND-CP are as follows:

- The employer shall:

= Implement and supervise the implementation of regulations of law on preventing and combating sexual harassment in the workplace;

= Organize dissemination of regulations of law on preventing and combating sexual harassment in the workplace among employees;

= Prevent and/or respond to sexual harassment in the workplace whenever a complaint or accusation is made; take measures to protect the privacy, dignity, honor and safety of the victims, plaintiffs and defendants.

- Employees shall:

= Strictly implement regulations on preventing and combating sexual harassment in the workplace;

= Participate in development of a work environment without sexual harassment;

= Prevent and report sexual harassment in the workplace.

- The internal employee representative organization shall:

= Participate in the formulation, implementation and supervision of the implementation of regulations on preventing and combating sexual harassment in the workplace;

= Provide information and consultancy and represent sexually harassed employees and employees accused of sexual harassment.

= Disseminate and provide training in regulations on preventing and combating sexual harassment in the workplace.

- Employers and internal employee representative organization are recommended to select topic of preventing and combating sexual harassment in the workplace to carry out collective bargaining.

3. Employees’ right to equality; implementation of measures for assurance of gender equality in Vietnam

Employees’ right to equality; implementation of measures for assurance of gender equality according to Article 78 of Decree 145/2020/ND-CP are as follows:

- Employees’ right to equality:

= Employers have the responsibility to ensure equality of male and female employees; implement measures for assurance of gender equality in terms of recruitment, employment, training, salary, rewarding, promotion, remuneration payment, social insurance, health insurance, unemployment insurance, working conditions, labor safety, working hours, rest periods, sick leave, maternal leave, other material and spiritual benefits;

= The State shall ensure the equality of male and female employees; implement measures for assurance of gender equality in labor relation as prescribed in Point a Clause 1 of Article 78 of Decree 145/2020/ND-CP.

- Employers shall consult with female employees or their representatives when making decisions relevant to their rights, obligations and interests in accordance with Clause 1 Article 41 of Decree 145/2020/ND-CP.

- The State encourages employers to:

= Give priority to hiring females if they are qualified for works that are suitable for both genders; renew employment contracts with female employees when their employment contracts expire;

= Provide benefits for female employees that are better than those prescribed by law.

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