Employers who fail to act will face stiffer fines

PETALING JAYA: An amendment to Section 81F of the Employment Act 1955 concerning complaints on sexual harassment will see a five-fold increase in fines from RM10,000 to RM50,000.

At present, Section 81F states that an employer who fails to inquire into complaints of sexual harassment, inform the complainant of the refusal and reasons behind it or submit a report on the inquiry can be fined up to RM10,000 currently.

In addition, the Human Resources Ministry said a new provision was also being proposed, namely Section 81H: “The employer shall, at all times, exhibit conspicuously at the place of employment, a notice to raise awareness of sexual harassment.”

This would require employers to display a notice to all staff on the prevention of sexual harassment in the workplace, the ministry said in a statement.

It tabled the amendments on Oct 25, 2021 for first reading.

It is expected to be debated at the current Dewan Rakyat meeting.

Meanwhile, the Peninsular Malaysia Labour Department said in a statement that the Anti-Sexual Harassment Bill would complement the Employment Act, as the existing law could only protect those under the context of employees and employers.

“The Bill has a broader scope regardless of whether the offence occurred at work or anywhere else.

“Through this new Bill, employees who are victims of sexual harassment have more options whether to submit a complaint to the Department of Labour or the new tribunal that will be created under this Bill, depending on the remedies claimed by the victim,” it said.

This was because the tribunal created under the new Bill would have broader powers, including ordering the perpetrators of sexual harassment to pay compensation or damages of up to RM250,000 to the victim, the department said.

As such, it said the new Bill would not only complement the existing law but it could help address the issue of sexual harassment more effectively and comprehensively.