Vietnam: What behaviors are sexual harassment in the workplace?

Vietnam: What behaviors are sexual harassment in the workplace? (Internet image)

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

1. Forms of exual harassment in the workplace in Vietnam

Forms of exual harassment in the workplace according to Clause 1, Article 84 of Decree 145/2020/ND-CP are as follows:

Sexual harassment defined by Clause 9 Article 3 of the Labor Code 2019 may occur in the form of a request, demand, suggestion, threat, use of force to have sex in exchange for any work-related interests;

Or any sexual acts that thus creates an insecure and uncomfortable work environment and affects the mental, physical health, performance and life of the harassed person.

2. What behaviors are sexual harassment in the workplace?

According to Clause 2, Article 84 of Decree 145/2020/ND-CP, sexual harassment in the workplace includes:

- Actions, gestures, physical contact with the body of a sexual or suggestive nature;

- Verbal sexual harassment: sexual or suggestive comments or conversations in person, by phone or through electronic media

- Non-verbal sexual harassment: body language; display, description of sex or sexual activities whether directly or through electronic media.

3. Determining the workplace regarding sexual harassment in workplace

According to Clause 3, Article 84 of Decree 145/2020/ND-CP, the workplace mentioned in Clause 9 Article 3 of the Labor Code 2019 means any location where the employee works in reality as agreed or assigned by the employer, including:

The work-related locations or spaces such as social activities, conferences, training sessions, business trips, meals, phone conversations, communications through electronic media, on shuttles provided by the employer and other locations specified by the employer.

4. 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.

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