Workplace Harassment What Should Employers Do

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workplace's environment may sometimes becomes "unhealthy" when harassment occurs.






However, what can be considered harassment in the workplace?
In reality, workplace harassment can be in form of verbal, written or physical action conducted by either the supervisor/higher management or the employees.
The typical workplace harassment is:
i. Racial harassment -  harassment on the basis of race.
ii. Abuse of authority - harassment by a person who uses his/her authority to interfere with an employee or the employee’s job.  
iii. Sexual harassment -  conducted on a basis of sexual nature, and includes such things as a request for sexual favours.
As guidelines, employers may take these 2 actions in managing workplace harassment.
Let's get to know both of the essential solutions for future unexpected matters.
Solutions 1: Making a Policy On Workplace HarassmentIf your company does not have this policy yet, it is not too late to start it as internal action to create a workplace harassment-free environment.The HR Department with approval from higher management may create the policy with the following contents:
i. Interpretation of harassment and the listing of harassment in the workplace.
ii. The complaint procedure may include Investigation Process, False Accusation Notice or Disciplinary Measures.
iii. Roles and Responsibilities of both employers and employees.  
Solution 2: Following Guidelines from Labour OfficeFor a note, the Labour Office authority is limited in handling complainant cases of workplace harassment.
The authority is for Sexual Harassment in accordance with the Employment Act 1955 (Part XVA, Section 81A-81G).
According to this section, sexual harassment is defined as a "complaint of sexual harassment" means  any complaint relating to sexual harassment which is made by:
(i) An employee against another employee;
(ii) An employee against any employer; or
(iii) An employer against an employee.
Here are the examples:
TYPEHARASSMENT EXAMPLESVerbalExplicit Language via joke/conversation, catcall, or praising on a sexual basis on clothing, body etc.VisualAn act of sending notes, letters, e-mails, sms, mss, picture, poster, objects or sexual-related content via any type of media, electronics/communications.SignalConducted via behaviour which gives the impression of sexual bases such as staring seductively, stalking, licking lips or any other signal language.PsychologyAn act of trying to get closer sexually, encourage, urge, threaten or persuade seductively as to satisfy the same sexual desire via mail, phone, email or any form of communication that cause emotional/mental stress.PhysicalAn act of approaching others at close up distance until the person feels less comfortable such as (holds, hugs, claps,rubbi3g, pinching, kissing or touching until the victim feels offended or insulted).2In addition, with reference to (Part XVA, Section 81C), employers are entitled to take disciplinary actions if sexual harassment case is proven.
Source: Employment Act 1955Additional Essential Knowledge: Compliant Procedure via Labour Officei. Filing a complaint via walk- in/letter/phone call to the nearest Labour Office and giving out information on the name/address of the complaint, name/address of the harasser and the details of the issue.
ii. Interview with the victim
iii. Investigation.
iv. Interview the employer and ask for the investigation to be done on the company side.
v. Receiving investigation reports from employers.
vi. Interview with the accused harasser
vii. Labour Officer prepares reports and recommendations.
viii. Recommendations send to employers.
ix. Investigation reporting to the victim. If the victim is not satisfied, the investigator will be advised to further the case to the police/another agency.
x. Compliant procedure closed.

Thus, we hope this article may help your company in managing workplace harassment.
Source: Department of Labour Peninsular Malaysia(JTKSM), Ministry of Human Resources Malaysia.

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