Sexual harassment in the workplace in Vietnam

Today, sexual harassment is increasingly common in many places. In particular, the trend towards sexual harassment in the workplace is the most common. So about the matter “Sexual harassment in the workplace in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Labor Code 2019

Sexual harassment in the workplace in Vietnam

The Labor Code 2019 defines: Sexual harassment at work is conduct of a sexual nature by any person towards another person in the workplace that is not desired or accepted by that person. A workplace is any place where an employee actually works as agreed or assigned by the employer.

Article 84 of Decree 145/2020 (detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations, effective from February 1, 2021) specifically stipulates sexual harassment in the workplace.

Accordingly, sexual harassment may occur in the form of an exchange such as an offer, request, suggestion, threat, or coercion in exchange for sex for any work-related benefit; or acts of a sexual nature that are not intended to be exchanged, but that make the work environment uncomfortable and unsafe, causing physical and mental harm, work performance and the life of the affected person. trouble.

Sexual harassment in the workplace includes:

a) A physical act, including an act, gesture, contact, or impact on the body that is sexual or suggestive of sex;

b) Verbal sexual harassment including direct speech, telephone or electronic means with sexual content or sexual implication;

c) Non-verbal sexual harassment including body language; display, depict sexually explicit material or involve sexual activity in person or electronically.

The workplace specified in Clause 9 Article 3 of the Labor Code is any place where the employee actually works under the agreement or assignment of the employer, including places or not. work-related time such as social activities, seminars, training, official business trips, meals, phone conversations, electronic communication activities, transportation in return arranged by the employer from the place of residence to the place of work and vice versa, the place of residence provided by the employer and other places specified by the employer.

What is workplace sexual harassment?

Sexual harassment in the workplace includes:

a) A physical act, including an act, gesture, contact, or impact on the body that is sexual or suggestive of sex;

b) Verbal sexual harassment including direct speech, telephone or electronic means with sexual content or sexual implication;

c) Non-verbal sexual harassment including body language; display, depict sexually explicit material or involve sexual activity in person or electronically.

3. The workplace specified in Clause 9 Article 3 of the Labor Code is any place where the employee actually works as agreed or assigned by the employer, including places or work-related spaces such as social activities, seminars, trainings, official business trips, meals, telephone conversations, electronic communication activities, media transportation arranged by the employer from the place of residence to the place of work and vice versa, the place of residence provided by the employer and other places specified by the employer.

Employer’s Regulations on the Prevention of Sexual Harassment in the Workplace

1. Employer’s regulations on prevention and combat of sexual harassment in the labor regulations or in the appendix issued together with the labor regulations, including the following basic contents:

a) Strictly prohibit sexual harassment in the workplace;

b) Detailed and specific regulations on acts of sexual harassment at the workplace suitable to the nature and characteristics of the job and the workplace;

c) Responsibilities, time limits, order and procedures for internal handling of sexual harassment acts at the workplace, including responsibilities, time limits, order and procedures for complaints and denunciations, settlement of complaints, denunciations and related regulations;

d) The form of labor discipline for the person who commits the act of sexual harassment or the person who makes false accusations corresponding to the nature and seriousness of the violation;

d) Compensation for damage to victims and remedial measures.

2. Employers’ regulations on complaints and denunciations about sexual harassment and handling of acts of sexual harassment must ensure the following principles:

a) Quickly and promptly;

b) Protecting confidentiality, honor, reputation, dignity and safety for victims of sexual harassment, complainants and denouncers, and complainants and denouncers.

Responsibility to prevent sexual harassment in the workplace

1. Employers are obliged to:

a) Implement and supervise the implementation of the provisions of the law on prevention and combat of sexual harassment at work;

b) Organize propaganda, dissemination and education of the laws and regulations on prevention and combat of sexual harassment at the workplace for employees;

c) When a complaint or denunciation about sexual harassment occurs at the workplace, the employer must promptly prevent, handle and take measures to protect confidentiality, honor, reputation, dignity, safety for victims of sexual harassment, complainants, denouncers and complainants and denouncers.

2. Employees are obliged to:

a) Strictly comply with regulations on prevention and combat of sexual harassment at work;

b) Participate in building a work environment free of sexual harassment;

c) Prevent and denounce acts of sexual harassment at the workplace.

3. The employee representative organization at the grassroots is responsible for:

a) Participate in the formulation, implementation and supervision of the implementation of regulations on prevention and combat of sexual harassment at the workplace;

b) Provide information, advice and representation for employees who are sexually harassed, employees who are being complained or accused of sexual harassment;

c) Propagating, disseminating and training regulations on prevention and combat of sexual harassment in the workplace.

4. Encourage employers and employee representative organizations at the grassroots to select content on prevention and combat of sexual harassment at work to conduct collective bargaining.

How is a person who commits sexual harassment handled by the company?

According to Article 118 of the Labor Code 2019, the employer is required to stipulate the contents of the prevention and combat of sexual harassment at the workplace and the order and procedures for handling these acts in the labor regulations. .

In particular, the enterprise will have to detail and specifically prescribe acts of sexual harassment at the workplace in accordance with the nature and characteristics of the job and workplace, and the form of disciplinary action against the offender. the person who commits such act (based on Clause 1, Article 85 of Decree 145/2020/ND-CP).

Therefore, if there is an act of sexual harassment at work towards another person, the employee will be subject to labor discipline in accordance with the form of handling prescribed in the labor regulations.

In particular, the person who commits this act may also face the heaviest disciplinary action, which is dismissal because Clause 2, Article 125 of the Labor Code 2019 provides:

Disciplinary handling of dismissal is applied by the employer in the following cases:

2. Employees have acts of disclosing business secrets, technology secrets, infringing upon the intellectual property rights of employers, committing acts of causing serious damage or threatening to cause special damage serious about the property, the interests of the employer or sexual harassment at the workplace specified in the labor regulations;

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