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Sexual harassment in the workplace is increasingly prevalent in various distorted forms. So, according to the law, how will the perpetrators of harassment be dealt with? Find out all the details right here!
Article Highlights:
How does the law define sexual harassment?
The Ministry of Labor, Invalids and Social Affairs, the Vietnam General Confederation of Labor, and the Vietnam Chamber of Commerce and Industry have announced the Code of Conduct on Workplace Sexual Harassment in Vietnam as regulated by the competent authorities.
What is workplace sexual harassment? This Code specifies: Sexual harassment involves sexually charged behaviors that impact the dignity of both genders. It is deemed unacceptable, unwanted, and irrational, causing discomfort and a hostile work environment.
Signs indicating you might be experiencing sexual harassment
Many still mistakenly believe that only actions like hugging, kissing, and touching are signs of sexual harassment. In reality, it encompasses these 3 categories of behaviors:
Verbal sexual harassment
Humorous and suggestive anecdotes cease to be normal when they go beyond limits and cause discomfort or offense to others. Actions considered workplace sexual harassment through words include being commented on regarding your body or attire, or teasing on matters related to sexuality, whether you are present or not. This behavior is considered verbal sexual harassment.
Non-verbal sexual harassment in the workplace
In addition to verbal expression, non-verbal sexual harassment is also manifested through actions such as provoking others through body language, displaying inappropriate behavior, making the other person feel uncomfortable or offended, showcasing explicit materials, images, objects related to sexuality, or presenting provocative gifts.
Addressing workplace romance through subtle gestures
The most noticeable behavior in workplace romance is direct actions like gentle touches, compliments, playful teasing, embracing, kissing, or even sexual advances...
Be cautious of sudden close encounters with colleagues. Actions like placing a hand on your shoulder, caressing your back while sitting, and even hugging or kissing when you least expect it can be signs of sexual harassment. These signs may escalate into aggressive actions and assault.
Legal procedures for handling workplace sexual harassment
Under Article 8 of the 2012 Labor Code, mistreatment and sexual harassment in the workplace are prohibited behaviors. Individuals engaging in workplace sexual harassment will be dealt with based on the severity of the consequences left for the victim.
According to the provisions in Point a, Clause 1, Article 5 of Decree 167/2013/ND-CP, individuals with rude gestures or words that provoke, tease, and offend the dignity and reputation of others may face a warning or an administrative fine ranging from 100,000 to 300,000 VND.
If the act of harassment seriously offends the dignity and reputation of others to the extent of causing mental disturbance and altering the behavior of the victim, it may be subject to criminal prosecution for the offense of 'humiliating others' under Article 155 of the 2015 Penal Code.
According to regulations on workplace sexual harassment, penalties range from a warning, fines (10,000,000 - 30,000,000 VND), to imprisonment for 3 - 5 years. Offenders may also be prohibited from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years. Particularly, penalties increase for repeat offenses, crimes involving 2 or more victims, and exploiting authority to commit offenses...
What to do when facing workplace sexual harassment?
Sexual harassment, especially through verbal means, is often challenging to prove and easily dismissed due to the lack of clear evidence, often brushed off as playful teasing. However, the psychological impacts linger for a long time. When dealing with workplace sexual harassment, here's how to handle it:
Maintain discretion, politeness, and seriousness in the workplace
This is the simplest way to protect yourself from potential harassers. Choose attire that is modest and elegant, avoiding overly revealing clothing that might unintentionally attract unwanted attention. Your polite and dignified demeanor acts as an invisible barrier against those with intentions to harass.
When faced with compliments, teasing, or other situations, act indifferent, show no interest, and focus on your work to reduce the subject's interest in you.
Avoid the 'perpetrator'
If unfortunate enough to experience harassment at work, minimize contact with the 'perpetrator' as much as possible. Avoid getting too close, refrain from engaging in conversation, and avoid being alone with them. You can even request a transfer or change of workplace.
Lodge a complaint with your superior
If unable to avoid or having already done so without the harasser showing signs of stopping, gather evidence of their sexual harassment and file a direct complaint with the superior or the authorized person to address the issue in the organization for assistance.
Seek legal intervention
If your complaint is not addressed by your superior, boldly seek legal intervention. As shared, individuals engaging in workplace sexual harassment will be dealt with based on the severity of the consequences their actions have on you.
These are insights to help you understand how the law will handle workplace sexual harassment. The crucial thing is not to fear or stay silent, make a stand against the harasser's actions so that those around you can provide assistance.
Posted by: Nguyen Viet Tu
Keywords: How is the law applied to address workplace sexual harassment?
