No one should endure abuse to earn a living

IN 2020, Malaysia ranked second in Asia for cyberbullying among youth - a stark reminder of how serious the issue has become. The rise of social media has turned online spaces into breeding grounds for insults, identity misuse and harassment. Over the years, the workplace has undergone a major shift, both legally and culturally. Behaviours that were once regarded as "normal office culture" or just a "management style" are now being taken more seriously.

With the full enforcement of the Anti-Sexual Harassment Act 2022, amendments to the Employment Act 1955 and the latest reforms under the Criminal Procedure Code (Amendment) Act 2025 and Penal Code (Amendment) Act 2025, Malaysia has made its stance clear that bullying, intimidation and sexual harassment are no longer internal matters. They are crimes. punishable by law.

For victims, workplace bullying can have lasting psychological effects, whether through verbal abuse, silent treatment or social exclusion. When such actions involve sexual harassment or threats, they not only justify dismissal but may now also trigger criminal charges under the amended laws.

The Employment Act 1955 requires employers to investigate sexual harassment complaints and provide written justification if they choose not to proceed. Non-compliance may result in fines of up to RM50,000. Workplaces must also display anti-harassment notices and establish fair internal inquiry procedures.

The Anti-Sexual Harassment Act 2022 (ASHA) introduced a special tribunal to hear harassment complaints. Unlike traditional workplace channels, this tribunal covers harassment in schools, online spaces, public transport and other everyday settings.

It is empowered to award compensation of up to RM250,000, order public apologies and mandate awareness or corrective training. All proceedings remain confidential to protect the privacy of those involved.

This year, the 2025 amendments to the Penal Code and Criminal Procedure Code take protection a step further. For the first time, bullying, including cyberbullying and sexual harassment, is explicitly criminalised. These amendments introduce new offences with stricter penalties for actions that cause physical, emotional or reputational harm through persistent or abusive conduct.

Sections 507B to 507G classify repeated harassment and cyberbullying as criminal offences punishable by up to 10 years’ imprisonment, fines or both. Harsher penalties apply if the misconduct leads to attempted or completed suicides. These reforms come at a critical time, as awareness of mental health and workplace safety grows nationwide.

For employees facing bullying or harassment, the process begins with documentation; recording dates, incidents and potential witnesses. From there, a written complaint should be submitted to the employer or HR. If no action is taken, the matter can be escalated to the Director-General of Labour. Where physical assault or criminal conduct is involved, a police report should be filed immediately.

Victims also now have the option to file complaints directly with the tribunal under ASHA. This sends a strong message to employers and perpetrators alike that misconduct in the workplace is no longer a private affair. It can and will be prosecuted.

Despite stronger laws, enforcement remains a challenge. Many employees hesitate to report abuse due to fear of retaliation, career setbacks or being labelled troublemakers. Studies by the Malaysian Bar Council and non-governmental organisations (NGOs) show that many complaints go unreported or quietly settled within organisations. This reveals an urgent need for not just laws, but also robust enforcement mechanisms and cultural change to build trust among employees.

Employers are urged to develop clear anti-harassment policies, establish confidential reporting channels and provide regular training and awareness programmes. This responsibility is especially pressing for small and medium enterprises (SMEs), which make up over 97 percent of businesses in Malaysia.

Unlike large corporations, SMEs often lack formal HR departments or legal teams, making them more vulnerable to mishandling harassment cases. Experts recommend that SMEs adopt simple but effective measures such as appointing trained harassment officers, providing anonymous reporting channels and engaging external mediators where necessary.

The National Union of Bank Employees (Nube) has urged regulators, law enforcement, and the courts to ensure that victims are protected and that perpetrators are not shielded by corporate structures. Recent incidents highlight the challenges victims still face despite stronger laws.

Malaysia’s approach is in line with a global trend where governments are recognising harassment as a workplace safety issue rather than just a disciplinary matter. For instance, Singapore amended its Protection from Harassment Act to cover workplace abuse, while the Philippines introduced a Safe Spaces Act to address gender-based harassment in public areas and online. By embedding similar protections into both employment law and the Penal Code, Malaysia is signalling its commitment to international labour and human rights standards.

Recent cases have shown that even senior officers are not immune. For example, in a 2024 case between Petronas and a managerial-level staff, the Industrial Court upheld dismissal where the company took action against the senior staff accused of harassment, while victims successfully claimed damages under the law.

The economic cost of workplace harassment is also considerable. Research from the International Labour Organization (ILO) highlights that bullying and harassment lead to higher absenteeism, lower productivity, and increased staff turnover. On a personal level, victims often suffer anxiety, depression and burnout which can spill over into their family lives. In Malaysia’s increasingly competitive economy, creating safe and respectful workplaces is not only a moral duty but also an economic imperative.

Employers should take a proactive and multi-faceted approach to prevent and address workplace harassment. This begins with the creation and implementation of a comprehensive anti-harassment policy. This policy should clearly define what constitutes harassment, including both physical and psychological forms, and apply to all employees regardless of their position.

The policy must also outline a clear and confidential reporting process, ensuring that employees can report incidents without fear of retaliation. Multiple reporting channels such as a dedicated HR contact, an anonymous hotline or an online system, should be provided to accommodate different comfort levels.

Beyond policies, regular training and awareness programs are crucial. These programs should educate all employees on recognising, preventing and reporting harassment. Managers, in particular, should be trained on their responsibilities, including how to identify early signs of toxic behaviour and respond appropriately.

Fostering a culture of respect and open communication is also essential, where leaders set an example by modelling respectful behaviour and promoting an inclusive environment. When an incident is reported, employers have a duty to conduct a prompt, thorough, and impartial investigation. If the complaint is upheld, appropriate and consistent disciplinary action must be taken against the perpetrator.

Relevant authorities such as government ministries and enforcement agencies, play a critical role in providing a legal framework and a supportive ecosystem to combat workplace harassment.

The recent amendments to the Penal Code in Malaysia, which criminalise workplace bullying, harassment and cyberbullying, are significant steps. To effectively enforce these laws, authorities should provide clear guidelines and resources to both public and private sectors on compliance. This includes defining what constitutes a criminal offense under the new laws and outlining the penalties involved.

They should also establish accessible and efficient channels for victims to escalate complaints if their employer fails to take action. The government's move to create new legal provisions and provide a formal avenue for complaints, such as the option to file a police report or a complaint with the Department of Labour, empowers employees and reinforces the seriousness of the issue.

The authorities should actively promote a national program aimed at preventing and eradicating harassment, in line with international standards, and collaborate with employers and trade unions to create a safer work environment for all.

The days of turning a blind eye to bullying and harassment in the workplace are over. Malaysia’s legal reforms spanning civil, administrative and now criminal jurisdictions, reflect a maturing nation determined to uphold dignity, justice and safety for all workers. Whether you’re an intern, an executive or even a senior manager, one principle stands firm - no one should have to endure abuse to earn a living.

Nur Syazwani Salim is with the Executive Corporate Services Division of Institut Masa Depan Malaysia (Masa).