Sexual Harassment at the Work Place

26 Sep, 2017, Kuala Lumpur

FOCUSING ON
  • Elements of sexual harassment – physical, verbal, non-verbal, psychological
  • Employment Act 1955 – Code of Practice (1999), 2012 Amendment
  • Rise of “new tort” (Federal Court decision 2016)
  • Preventing SH, Protecting victims, Penalizing predators
  • Safeguarding the work place – criminalizing sexual harassment
  • The Future – POSH? A new Sexual Harassment Act?
OVERVIEW

As of 1st July 2017, there is no comprehensive law on sexual harassment in Malaysia. Section 509 of the Penal Code, which punishes the offence of “insulting the modesty of a woman” is hardly adequate.

 

In August 1999, the Ministry of Human Resources (MOHR) introduced a Code of Practice on the Prevention and Eradication of Sexual Harassment (Code of Practice) but it does not have the force of law. According to the Malaysian Employers Federation (MEF), as of August 2010, only 400 of 450,000 registered and active companies have adopted and implemented the Code.

 

In 2009, the Women, Family and Community Development Ministry (WFCDM) held discussions with the MOHR regarding a new law on sexual harassment. Its deputy minister Noriah Kasnon was quoted as saying that between 2005 and 2008, there were 3,906 cases of sexual violence and harassment cases, including rape and molestation, reported to the police.

 

In 2012, the Employment Act 1955 was amended by the insertion of a new provision defining the term “sexual harassment”. Another provision (a new section 81B) makes in mandatory for all employers to establish a procedure dealing with complaints of sexual harassment (between employees, employers, and employer and employees). The penalty for not implementing such a procedure is a fine not exceeding RM10,000.

 

The Labour Department made it mandatory for all organisations to have a Sexual Harassment Policy in place as part of the Employment Act 1955 compliance after the new provision in the amended Act came into force in 2013. In the landmark decision of the Federal Court in Mohd Ridzwan v Asmah (June 2016) the new tort of sexual harassment was recognized. It remains to be seen whether this recent decision will encourage Parliament to pass the long-awaited Sexual Harassment Act in the future.

WHO SHOULD ATTEND

All HR & Employment Managers, Heads of Department, Personnel / Training Managers, Board Members, Company Senior Management, Legal Officers, Branch Managers, Administrations Managers / Officers, HR Consultants.

METHODOLOGY

Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Identifying sexual harassment behavior and taking steps to prevent it.
  2. Creating sexual harassment awareness in the workforce / implementing a training program.
  3. Dealing with complaints of sexual harassment.
  4. Minimizing conflict and ensuring safety and harmony at the work place.
  5. Adopting a policy on sexual harassment (POSH).
WHAT YOU WILL LEARN
9:00 SESSION ONE
  • Elements Of “Sexual Harassment”
  • The Code Of Practice 1999
  • Employment (Amendment) Act 2012 – Part XVA
  • Sexual Harassment Law In Other Jurisdictions
  • Federal Court Decision In 2016 (Mohd Ridwan v Asmah)
10:45 SESSION TWO
  • Elements Of Sexual Harassment – Categories, Forms
  • In-House Mechanism To Combat Sexual Harassment
  • Complaint / Grievance Procedure
  • Protective / Remedial Measures For Victims
  • Proposed Law By JAG
1:00 Lunch

2:00

SESSION THREE

  • Sexual Harassment In The Public Service
  • Policy On Workplace Harassment (PIDM Model)
  • Philippines Anti-Sexual Harassment Act 1995
  • India’s Sexual Harassment Of Women At The Workplace Act 2013
3:45 SESSION FOUR
  • Sexual Harassment Training
  • Preventing Sexual Harassment At The Workplace
  • How To Avoid Predators
  • Best Practices In Handling Sexual Harassment Issues
  • False Allegations Of Sexual Harassment
  • Draft Specimen Of A Sexual Harassment Policy
  • Employers’ Guide
5:00 End of Course

 

LEARN FROM THE BEST

Prof Dato’ Salleh Buang formerly served in the Attorney-General’s Chambers Kuala Lumpur (1970-75) before he left for private practice, the corporate sector and finally academia. Until 2013 he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM Skudai, Johor. He is now a full-time consultant, active in training and public speaking, apart from writing for his weekly legal columns in New Straits Times and Utusan Malaysia. Over the last three decades he has conducted numerous courses and legal workshops for IPA Training in property law, privacy law, construction law, international joint ventures, company law and employment law.

 

VENUE DETAILS

Seri Pacific Hotel
Jalan Putra
50350 Kuala Lumpur
- 50350
Phone :(603) 4042 5555
Fax :(603) 4043 8717

 

IPA TRAINING IS REGISTERED WITH

 

CONTACT US

Juliany, 
O - 03 2283 6109,
M - 019 3134436
juliany@ipa.com.my 

Michelle, 
O - 03 2283 6100, 
M - 019 363 7822
michelle@ipa.com.my 

For Customised In-House Training
Yvonne,
O - 03 2283 6101, 
M - 012 2011247,

F - 03 2283 6108
 
yvonne@ipa.com.my
 

ADDRESS 

A-28-5, 28th Floor, 
Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my