New regulations on workplace sexual harassment | You read

Quit quietly due to harassment

After losing her job for over a year, Ms LTH (29 years old, living in Tan Phu district) was still haunted by the words of a colleague named M: “At first, M. only praised me with a nice dress and lipstick. pretty. From time to time, M. would say very erotic phrases like “so beautiful, fresh skin”, “… look tight,” and there were times when he intentionally bumped into me in the elevator or while they were working together. ” Once a colleague even sent a semi-nude photo of a strange woman via chat to Ms H. with the message, “You look better than this lady!”

At those times, Mrs. H. all voiced their objection to M’s words and actions. However, M. defended with the phrase “Joking for fun, how stressful!”

According to Ms H., many other colleagues also think it is a joke and often abandon the phrase “Make flowers for people to pick, make girls for people to make fun of”. However, for Ms. H., it is a feeling of being scrutinized and raped.

“I cannot trust my colleagues, nor can I complain to M’s superiors because everyone thinks it is a play. I decided to quit my job to protect myself. Victims like me suffer. I think if people say that M.’s words are a joke, a lot of people have been abused but they themselves don’t know it, “said Mrs. H. in frustration.

Lawyer Tran Van Trieu, director of the Ho Chi Minh City Labor Confederation Legal Advice Center, provides legal advice to employees. Photo: TP

Implicit sex is bullying too

Speaking about QRTD in the 2019 Labor Code, lawyer Tran Van Trieu, Director of the Center for Legal Advice – Ho Chi Minh City Confederation of Labor, commented that the new law has overcome deficiencies in regulations. on QRD’s behavior compared to the 2012 Labor Code.

First of all, Clause 9, Article 3 of the Labor Code 2019 has established the legal definition of QRD behavior. Next, Decree 145/2020 also provided clear guidance on the violations known as QRTD.

Decree 145/2020 establishes that QRTD is an act for the purpose of proposing, requesting, suggesting, threatening and forcing an employee to have sexual relations in exchange for any work-related benefit.

On the other hand, acts that are not directed at sexual relations but that make the work environment uncomfortable and unsafe, causing physical, mental and emotional damage, work efficiency and the worker’s life. considered as QRTD.

Consequently, QRTD can be an act, gesture or non-action such as verbal, by telephone or by electronic means with sexual content or sexual implications.

“Jokes like” you look delicious! “Along with the types of teasing about the body, sexual implication clothing that makes the employee feel unsafe and uncomfortable is considered QRTD,” emphasized attorney Trieu.

Although there are clear guidelines, but according to Gia Trieu, there are still many difficult things in the first step to apply the driving regulations for people with QRTD behaviors.

According to article 85 of Decree 145/2020, employers are responsible for developing and implementing solutions to prevent and control QRTD. The employer must develop regulations on the prevention and control of QRTD in the labor regulations. Depending on the characteristics and situation of its unit, the employer has specific regulations on each act corresponding to the form of disciplinary action.

Therefore, in the first place, the owners of businesses and establishments in operation should be responsible for developing and implementing solutions to prevent and control QRTD. On that basis, when there is a case of bullying, there are reasons to consider and handle.

Another difficulty in addressing this issue is that there are many workers, especially female workers who are harassed and choose to silence or quit their jobs for fear of embarrassment, retaliation, misunderstandings or reputation … making QRTD behaviors last a long time, burning but difficult to solve completely.