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Message Date : 11 Jun 2008 03:59:03 pm
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| Member : |
jess31 |
| Join Date : |
11 Jun 2008 |
| Location : |
Selangor |
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Would appreciate if anyone can let me know where / which statutory body that I can lodge my complain in regards to unwelcome sexual harassment?
I am asking this because I am a manager reporting to my superior who is 1 of the director in this company owned by his brothers and there is no way I can lodge my complain to the management of the company.
Thanks in advance for any advice.
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The Consultant says...Let's wait and see what other members have to offer (in term of advise/comment) in relation to your questions. I am maintaining my original role as moderator, and not as advisor in this Public Forum. Otherwise, no one will want to participate in this forum.
However, you can always go to Private Consultation if you want to seek my advise. |
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Message Date : 2 May 2008 05:13:38 pm
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| Member : |
ashley_woo |
| Join Date : |
6 Mar 2008 |
| Location : |
Wilayah Persekutuan |
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Article 5-7 :
5. Based on the definition in article 4 above, sexual harassment may be divided into categories, namely sexual coercion and sexual annoyance.
(i) Sexual coercion is sexual harassment that result in some direct consequence to the victim's employment. An example of sexual harassment of this coercive kind is where a superior, who has the power over salary and promotion, attempts to coerce a subordinate to grant sexual favours. If the subordinate accedes to the superior's sexual solicitation, job benefits will follow. Conversely, if the subordinate refuses, job benefits are denied.
(ii) Sexual annoyance, the second type of sexual harassment, is sexually-related conduct that is offensive, hostile or intimidating to the recipient, but nonetheless has no direct link to any job benefit. However, the annoying conduct creates a bothersome working environment which the recipient has to tolerate in order to continue working. A sexual harassment by an employee against a co-employee falls into this category. Similarly, harassment by a company's client against an employee also falls into this category.
6. Within the context of this Code, sexual harassment in the workplace includes any employment-related sexual harassment occurring outside the workplace as a result of employment responsibilities or employment relationships. Situations under which such employment-related sexual harassment may take place includes, but is not limited to:
(i) at work-related social functions;
(ii) in the course of work assignment outside the workplace;
(iii) at work-related conferences or training sessions;
(iv) during work-related travel;
(v) over the phone; and
(vi) through electronic media.
7. It this essential to emphasize that sexual harassment refers to sexual conducts which is unwanted and unwelcome to the recipient. It is also a sexual conduct which is imposed on and unsolicited or unreciprocated by the recipient.
The consultant is right "as long as the sexual conduct is unwanted and unwelcomed by the recipient, the harasser's intention is of no concern".
Guess we have to be extra careful when giving our colleagues a pat on the shoulder. Who knows such pat is an unwelcomed gesture to them. And it's time to educate the employees of such awareness.
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| The Consultant says...Very well put. Thanks ashley_woo. |
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Message Date : 2 May 2008 11:35:35 am
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| Member : |
albertvm |
| Join Date : |
24 Apr 2008 |
| Location : |
Wilayah Persekutuan |
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We cannot constitute all physical contact or whatsover are defined as sexual harassment, but it must be seen on the intention of the so called the harasser. But again, certain physical contact in Asian life style are to be seen as not normal, compare with other region.
It has to be seen in a wider scope and all incidents are to be seen as case by case respectively.
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The Consultant says...Articles 4-7 of the The Code of Practice on the Prevention & Eradication of Sexual Harassment in the Workplace 1999.
Article 4 provides that "sexual harassment" means:
Any unwanted conduct of a sexual nature having the effect of verbal, non-verbal, visual, psychological or physical harassment:
(i) that might, on reasonable grounds, be perceived by the recipient as placing a condition of a sexual nature on her/his employment; or
(ii) that might, on reasonable grounds, be perceived by the recipient as an offence or humiliation, or a threat to her/his well-being, but has no direct link
to her/his employment.
You may want to tell us about Articles 5-7 of the Code.
Based on the above definition, as long as the sexual conduct is unwanted and unwelcomed by the recipient, the harasser's intention is of no concern. |
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Message Date : 25 Apr 2008 05:34:08 pm
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| Member : |
ashley_woo |
| Join Date : |
6 Mar 2008 |
| Location : |
Wilayah Persekutuan |
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Recently read a sexual harassment policy in some company. "Physical contact of a sexual nature including touching, patting, hugging, or brushing against a person's body," is also a deliberate behavior that could be considered sexual misconduct or sexual harassment. Even "comments of a sexual nature including sexually explicit statements, questions, jokes or anecdotes; remarks of a sexual nature about a person's clothing or body" could also be considered as misconduct.
Are we supposed to stay clear from our colleagues at the workplace? Not even a pat on the shoulder? Anyone has a different view?
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| The Consultant says...Interesting comment... Let's hear from more members before I say anything. |
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Message Date : 24 Apr 2008 02:37:34 pm
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| Member : |
albertvm |
| Join Date : |
24 Apr 2008 |
| Location : |
Wilayah Persekutuan |
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Hi Tanya, since you had taken up the issue with your HR Head, please take note that if HR needs to proceed with your allegation, kindly have some record with you on those incidents that had taken place, where, when, and what time, etc.. This info will be useful in the event the matter comes to a limelight.
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| The Consultant says...Good point. In another word, Tanya must be able to substantiate her complaints factually and adequately, and not merely making empty allegations against the "harasser". |
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Message Date : 1 Mar 2008 02:30:28 pm
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| Member : |
Tanya |
| Join Date : |
28 Feb 2008 |
| Location : |
Pulau Pinang |
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I finally have the courage to approach the head of HR. She is providing me with some comfort and has agreed to look into the matter. Will wait and see.
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The Consultant says...The Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace, introduced in 1999 by the Ministry of Human Resources, provides guidelines to employers on the establishment of in-house mechanisms at the enterprise level to prevent and eradicate sexual harassment in the workplace.
The relevance of this Code is expressly provided by Section 30(5A) of the Industrial Relations Act 1967. |
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Message Date : 29 Feb 2008 05:07:10 pm
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| Member : |
Rahul |
| Join Date : |
28 Feb 2008 |
| Location : |
Pulau Pinang |
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tanya, u know ur work place better. what about ur other working colleagues who u can confide to? they will the best people to help u. they know u; they know ur supervisor. I dun c y u must force urself to go out just to get a better appraisal. If he had threaten, u must make a police report. If u dun want all this processes than the last thing u can do is to look for a new job. |
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Message Date : 29 Feb 2008 10:41:29 am
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| Member : |
Tanya |
| Join Date : |
28 Feb 2008 |
| Location : |
Pulau Pinang |
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Thanks, Rahul. I don't want my husband to know about this. Not sure how things will turn out after approach the head of department, who is my superior's superior. They are quite close too. |
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Message Date : 28 Feb 2008 07:49:27 pm
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| Member : |
Rahul |
| Join Date : |
28 Feb 2008 |
| Location : |
Pulau Pinang |
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y dun u just go and speak to ur supervisor's superior? the more delay it is, u will be seen as condoning the harrasment. |
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Message Date : 28 Feb 2008 12:44:44 pm
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| Member : |
Tanya |
| Join Date : |
28 Feb 2008 |
| Location : |
Pulau Pinang |
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Almost every evening after work, my supervisor will ask me to go out with him for dinner. I don't like to go out with him. But I scare he will do something to me. The last appraisal not too good because I think he not happy. What can I do? I am married with 2 kids. |
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