Sexual Harassment

Sexual Harassment

Sexual harassment is prohibited under the Penal Code. In accordance with the Penal Code, whoever uses his or her position of authority or advantage to offer a benefit in exchange for sexual favors; intimidate another person or threaten retaliation if such person refuses to engage in any type of sexual relations; and engage in any unwanted physical contact of a sexual nature with respect to another person, including, but not limited to inappropriate touching, commits the offence of sexual harassment. Whether a particular act constitutes sexual harassment is a matter of fact, which depends on the character and nature of the parties. Whoever intentionally engages in sexual harassment commits an offence, and once convicted, is liable to imprisonment up to three years, or fine or both.

 

An employment may terminate the employment of a worker if he/she is convicted of an offence concerning some immoral act committed in the workplace. In this regard, the sexual harassment may fall under such immoral act.

 

Source: §395 & 396 of the Penal Code Act 2008; §52(f) of the Labour Bill 2011

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