Sexual Harassment
The Labour Act prohibits sexual harassment at the workplace. Sexual harassment is considered one of the "unfair labour practices" and an employer can be held liable for civil remedies only. Labour Act strictly prohibits asking for sexual favours for the recruitment for employment; or the creation, classification or abolition of jobs or posts; or the improvement of the remuneration or other conditions of employment of the employee; or the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; or the provision of facilities related to or connected with employment; or any other matter related to employment.
Sexual harassment was treated mainly as an unfair labour practice under the Labour Act and through codes of conduct and public-service regulations. The Labour Amendment Act 2023 explicitly addresses gender-based violence and harassment in the workplace, strengthening employers’ obligations to prevent and address harassment, including sexual harassment.
Violence and harassment refer to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and include gender-based violence and harassment.
The 2023 amendment defines “gender-based violence and harassment” as violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately and includes sexual harassment.
As per the 2023 amendment, no one may directly or indirectly commit violence or harassment against another person in connection with work.
This protection applies in all work-related settings, including workplaces, rest and meal areas, employer accommodation, work events, work-related communications (incl. ICT), and commuting.
Anyone who breaches this commits an offence and can be fined up to level 12 (US$2,000), imprisoned for up to ten years, or both.
Source: §6(3) & 8(g) of the Labour Act 1985
