Workplace Harassment Laws in Malaysia: Legal Recourse for Employees

Workplace harassment remains a significant concern in Malaysian employment law. Following the enactment of the Anti-Sexual Harassment Act 2022 and amendments to the Employment Act 1955, Malaysia has strengthened its legal framework for addressing workplace harassment. Employees in Johor Bahru and across Malaysia now have clearer pathways for reporting harassment, seeking redress and holding employers accountable for failing to provide a safe working environment. This guide explains the current legal protections, the types of harassment recognised under Malaysian law and the practical steps employees can take if they experience harassment at work.

Types of Workplace Harassment

Malaysian law recognises several categories of workplace harassment:

• Sexual harassment: Defined under Section 81A of the Employment Act as any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to their well-being.
• Bullying and intimidation: Repeated behaviour that is hostile, offensive or degrading, including verbal abuse, humiliation, exclusion and unreasonable work demands.
• Racial and religious harassment: Conduct that discriminates against or disparages a person on the basis of their race, religion or ethnicity.
• Stalking and surveillance: Unwanted monitoring, following or persistent contact that causes fear or distress.

Anti-Sexual Harassment Act 2022

The Anti-Sexual Harassment Act 2022 represents a landmark development in Malaysian law. The Act establishes the Tribunal for Anti-Sexual Harassment, which provides a dedicated forum for hearing sexual harassment complaints. Key features of the Act include:

• Broad definition: The Act covers a wide range of harassing behaviour, including physical, verbal, visual and online conduct.
• No fee required: Filing a complaint with the Tribunal does not require any filing fee, making it accessible to all individuals.
• Employer obligation: Employers are required to display a notice at the workplace informing employees of their rights under the Act.
• Protection against retaliation: The Act prohibits employers from taking adverse action against an employee who files a complaint or participates in proceedings under the Act.
• Remedies: The Tribunal may award compensation, require an apology, order counselling or impose other appropriate remedies.

Employer Obligations Under the Employment Act

Under Part XVIIIA of the Employment Act 1955 (introduced by the 2022 amendments), employers who receive a complaint of sexual harassment must investigate the complaint within 30 days and inform the complainant of the outcome. Failure to investigate a complaint without reasonable excuse is an offence punishable by a fine. Employers are also prohibited from victimising an employee who has made a complaint, and any dismissal or adverse action taken against a complainant may constitute unfair dismissal under the Industrial Relations Act.

How to Report Workplace Harassment

If you experience workplace harassment in Malaysia, the following steps are recommended:

• Document the harassment: Keep detailed records of each incident, including dates, times, locations, what was said or done and the names of any witnesses. Save emails, messages and other relevant evidence.
• Report internally: File a complaint with your company's human resources department or the designated complaint officer. If your company does not have a harassment policy, put your complaint in writing to your immediate supervisor or management.
• File with the Tribunal: If internal resolution fails, you may file a complaint with the Tribunal for Anti-Sexual Harassment. The Tribunal process is designed to be accessible and does not require legal representation, although having a lawyer is advisable for complex cases.
• Police report: For serious harassment that may constitute a criminal offence under the Penal Code, such as assault, criminal intimidation or stalking, you should file a police report.
• Labour Department: For complaints relating to employer non-compliance with the Employment Act's harassment provisions, you may file a complaint with the Department of Labour.

Confidentiality and Protection from Retaliation

Malaysian law provides protection for employees who report harassment. The Anti-Sexual Harassment Act prohibits the disclosure of the complainant's identity without their consent. Employers are prohibited from taking retaliatory action against employees who file harassment complaints, including termination, demotion, transfer or reduction in benefits. If retaliation occurs, the employee may file a claim for unfair dismissal or constructive dismissal in the Industrial Court.

Remedies and Compensation

The remedies available for workplace harassment in Malaysia include: an order for the harasser to cease the harassing behaviour, compensation for emotional distress and any financial losses suffered, an apology from the harasser, mandatory counselling or training for the harasser, a recommendation that the employer take disciplinary action against the harasser and transfer or relocation of the harasser to prevent further contact with the victim. The amount of compensation depends on the severity and duration of the harassment and its impact on the victim.

How Messrs S K Song Can Help

The employment law team at Messrs S K Song advises employees on workplace harassment complaints and represents clients before the Tribunal for Anti-Sexual Harassment, the Industrial Court and the civil courts. We provide confidential, sensitive legal support to help you understand your options and take effective action. Contact our Johor Bahru office for a consultation.