Sexual Harassment

Sexual Harassment

Labour Act defines sexual harassment as any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or a co-worker, whether the worker is a man or woman.

There are no specific laws to protect women from sexual harassment however Labour Act requires the employer to take action against harassment at workplace. If a worker terminates employment contract because his/her employer did not take action against sexual harassment at workplace, such termination amounts to unfair dismissal.

The Criminal Code has provision on indecent assault which includes sexual bodily contact with another person without the consent of the other person or sexual violation of the body of that person in any manner not amounting to carnal knowledge or unnatural carnal knowledge. The indecent assault is a liable offence and on conviction, the perpetrator may have to face an imprisonment term of at least 6 months.

Sources: § 15, 63 & 175 of the Labour Act 2003; §103 of the Criminal Code, 1960 (Act 29)