KUALA LUMPUR – New laws to tackle sexual harassment in the workplace are unnecessary, as existing legislation and regulations are already addressing the problem adequately, said the Malaysian Employers Federation (MEF).
Its president Datuk Syed Hussain Syed Husman J.P. said that the proposed bill on the matter, expected to be tabled by the women, family and community development minister in Parliament this year, should not be bulldozed prior to detailed discussions with stakeholders.
“We have met to discuss the proposed bill with the Women, Family and Community Development Ministry, and we feel that there are still many outstanding issues that need to be resolved,” he said in a statement today.
“There is much ambiguity, especially on issues of overlapping coverage of the proposed bill with the provisions on Part XVA of the Employment Act that covers workplaces and employer-employee relationships.”
According to Syed Hussain, the MEF, a member of the special project team for the proposed Anti-Sexual Harassment Bill, believes there are already provisions under the Penal Code, employment, and civil laws, as well as “tortious claims” against any acts of sexual harassment.
He pointed out the Employment Act 1955, the Code of Practice on Eradication of Sexual Harassment in the Workplace, the Occupational Safety and Health Act 1994, and S.20 (1) of the Industrial Relations Act 1967 as the acts that “strongly govern” any act of sexual harassment at the workplace.
“It is also common for employers to have their own policies and mechanisms to handle complaints of sexual harassment at the workplace as no employer would condone such acts,” he said.
Syed Hussain also cited the case of Mohd Ridzwan Abdul Razak v. Asmah Hj Mohd Nor, in which the Federal Court decided that the recent amendments include Part XVA to the Employment Act 2012.
He called it a significant aspect of legal reform addresssing calls for specific legislative intervention in dealing with sexual harassment.
Syed Hussain added that section 2(g) of the Employment (Amendment) Act 2012 inserted a new definition of sexual harassment in Section 2 of the Employment Act 1955, which satisfies the main elements of sexual harassment.
"The striking feature of the Code of Practice on the Prevention and Education of Sexual Harassment in the Workplace 1999, and the creation of Part XVA in the Employment Act 1955, entitles the alleged victim of sexual harassment to lodge a complaint with the employer and to require the employer to investigate his or her complaint,” he said.
He said sexual harassment had also been upheld as a “tortious act” by the Federal Court in the Ridzwan case.
“We are pleased to be able to engage with the relevant ministries to raise our concerns before the proposed bill is tabled in Parliament,” he said.
Regardless, he said the MEF views sexual harassment as a “very serious” act of misconduct that applies to both women and men and between opposite or similar genders.
“We continually advise and train our members on how to address such issues at the workplace, which is well-managed in the working environment.
“MEF is of the position that there is no reason for the proposed bill to be tabled in Parliament considering that there are already adequate laws and provisions to address sexual harassment at the workplace.”
He said the MEF is also concerned by a proposal to set up a specific tribunal for complaints on sexual harassment, as the relevant company’s internal processes may be bypassed.
Such a scenario, he said, could seriously disrupt industrial harmony and must be avoided.
He added a specific law on the matter would project a negative image of Malaysia to potential investors.
Syed Hussain said this was because they would then believe it a major issue in the country, when in reality it is “isolated and manageable”. – The Vibes, September 16, 2021
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