Manifestations of Workplace Sexual Harassment

I. Signs of Sexual Harassment in the Workplace

1. Sexual harassment as stipulated in Clause 9, Article 3 of the Labor Code may occur as a "quid pro quo" exchange—such as offers, requests, suggestions, threats, or coercion demanding sexual favors in exchange for work-related benefits; or conduct of a sexual nature that is not intended as an exchange, but renders the work environment hostile, intimidating, and insecure, thereby causing physical, psychological, occupational, and personal harm to the victim.

2. Sexual harassment in the workplace includes:

a) Physical harassment: Actions, gestures, contact, or physical touch of a sexual nature or sexually suggestive intent;

b) Verbal sexual harassment: Direct, telephone, or electronic communications containing sexual content or sexual innuendos;

c) Non-verbal sexual harassment: Body language; displaying or depicting sexually explicit visual materials or content related to sexual activity, whether in person or via electronic means.

3. The workplace as stipulated in Clause 9, Article 3 of the Labor Code refers to any location where an employee actually performs work as agreed upon or assigned by the employer. This includes work-related locations or spaces such as social events, conferences, training sessions, official business trips, business meals, phone conversations, electronic communications, transportation provided by the employer between the place of residence and the workplace (and vice versa), employer-provided accommodations, and any other locations specified by the employer.

II. What Should I Do When Subjected to Sexual Harassment?

First and foremost, when experiencing sexual harassment, the crucial first step is to remain calm and meticulously document the entire incident using text messages, photographs, video recordings, or audio recordings.

Subsequently, carry out reporting procedures with the competent department or committee within the enterprise to initiate disciplinary action against the harasser. Simultaneously, you should proactively report the incident to the police agency located where the enterprise is headquartered (or the nearest police station) and notify the Department of Home Affairs to ensure the matter is addressed under statutory law. Any formal allegation of harassment must be substantiated with accompanying evidence.

What should I do if the harasser is my employer or direct supervisor?

Fundamentally, any act of harassment must be handled in accordance with the law, regardless of the individual's position. However, if the perpetrator is someone you interact with regularly or who directly impacts your job security, you need to discreetly document all occurrences to serve as admissible evidence for reporting and denunciation. Do not let concerns regarding personal reputation deter you; speaking up is essential to protect your rights, or you may request formal support from competent authorities and legal counsel.

III. How Will an Accused Harasser Be Handled?

Dismissal as a form of labor discipline is applied by an employer in the following scenario:

• An employee commits an act of sexual harassment in the workplace as defined in the internal labor regulations (ILRs).

Accordingly, where sexual harassment is clearly prohibited in the enterprise’s internal labor regulations, the disciplinary measure of dismissal may be enforced. However, applying this disciplinary sanction must strictly follow legal procedures and statutory provisions. Arbitrary or improper application risks unlawful termination and subsequent labor disputes.

Beyond internal labor discipline under corporate regulations, an individual who commits workplace sexual harassment may also be subject to administrative penalties if the act does not warrant criminal prosecution:

• Under current regulations governing administrative sanctions in the field of labor, workplace sexual harassment carries an administrative fine ranging from VND 15,000,000 to VND 30,000,000.

• Where the conduct exhibits criminal elements, it may be investigated and prosecuted under criminal law, depending on the nature and gravity of the offense.