Workplace Sexual Harassment: Penalties and Legal Sanctions Explained

Sexual harassment is no longer a strange term for individuals but has become a problem for the whole society. Especially in the workplace, it is an even hotter issue. A research report on sexual harassment in the workplace in Vietnam by the Ministry of Labor, War Invalids and Social Affairs shows that the victims of this behavior are often women (78.2%). People who are sexually harassed are often not only harassed by physical contact or touching, but also by words. Many people have been harassed to varying degrees, but most of them just silently endure it because of fear and shame. Especially in East Asian culture, the issue of sexual harassment is often considered sensitive to discuss publicly, victims will encounter many prejudices, and many people even blame the victims. So what are the sanctions for sexual harassment in the workplace?

Although it directly affects the working environment, causing serious psychological and spiritual effects on the victims… While in many countries around the world, sexual harassment in the workplace has been included in legal documents and has clear sanctions, in Vietnam, sexual harassment has not been fully identified, and there have not been any cases of sexual harassment punished or brought to court. There are no effective preventive and deterrent measures. In the 2012 Labor Code, there are a number of provisions on sexual harassment, such as Article 8, which prohibits “mistreatment of employees and sexual harassment in the workplace” or Article 37, which stipulates that employees who are sexually harassed have the right to unilaterally terminate their labor contracts. However, such regulations are too general, making it impossible for employees to determine whether they have been sexually abused or not? In addition, the lack of a clear legal framework also makes it difficult for judicial agencies to charge and punish.

On May 25, 2015, the Ministry of Labor, War Invalids and Social Affairs announced the “Code of Conduct on Sexual Harassment in the Workplace”, the announcement of the Code is considered to provide a reference and guidance behavior for businesses to apply.

According to the Code, forms of sexual harassment include:

– Physical harassment (such as contact, intentional touching, groping, pinching, even sexual assault, rape…)

– Verbal harassment (such as inappropriate, indecent, sexually suggestive comments, persistent unwelcome requests, etc.)

– Non-verbal harassment (such as the use of body language indecent, winking, displaying documents, pornographic products…)

The Code of Conduct on Sexual Harassment in the Workplace has partly solved the problem of “defining” – “locating” sexual harassment behavior.

The story of preventing and combating sexual harassment is still everyone’s business. Don’t be afraid to stay silent, don’t let it pass, speak up, boldly denounce, fight for a civilized working environment.

The silent attitude makes the “blue beards” misunderstand that it is consent and act aggressively. However, instead of acting rashly, the victim should prepare full evidence such as pictures, audio files, videos, or if the abuse is more serious, should go for an injury assessment and keep records, to transfer to the authorities. With this undeniable evidence, the “perverts” will be handled according to the law:

– Handling administrative violations:

• Article 5. Violations of regulations on public order:

1. A warning or a fine of from VND 100,000 to VND 300,000 shall be imposed for one of the following acts:
2. a) Having rude, provocative, teasing gestures or words that insult the honor and dignity of others.

– In addition, if the harassment is determined to be a serious insult to the dignity and honor of others, it may be criminally prosecuted for the Crime of humiliating others according to Article 155 of the Criminal Code. Criminal 2015; penalties range from warning to 05 years in prison.

Families and victims of sexual harassment in the workplace can file a complaint with the police agency where the crime was committed or the police agency where the victim resides.

>>>See more: 14 Things Workers Need to Know to Protect Themselves