Workplace Sexual Harassment: Identifiable Signs & Sanctions

I. Definition of workplace sexual harassment

Pursuant to Clause 9, Article 3 of the Labor Code:

"9. Workplace sexual harassment means any conduct of a sexual nature by any person toward another person at the workplace that is neither wanted nor accepted by the recipient. The workplace is any place where an employee actually works under agreement or assignment by the employer."

II. Signs of workplace sexual harassment

1. Sexual harassment as prescribed in Clause 9, Article 3 of the Labor Code may occur in the form of an exchange—such as offering, requesting, suggesting, threatening, or coercing sexual relations in exchange for any work-related benefit; or acts of a sexual nature not intended for exchange, but creating an uncomfortable and insecure work environment, causing physical or mental harm, or adversely affecting work performance and personal well-being.

2. Workplace sexual harassment includes:

a) Physical conduct, including sexual or sexually suggestive actions, gestures, physical contact, or bodily interference;

b) Verbal sexual harassment, including direct, telephone, or electronic communications containing sexual content or sexual innuendo;

c) Non-verbal sexual harassment, including body language; or displaying or depicting sexually explicit materials or materials related to sexual activity, either directly or via electronic media.

3. The workplace prescribed in Clause 9, Article 3 of the Labor Code refers to any location where an employee actually performs work under an agreement or assignment by the employer, including work-related premises or spaces such as social activities, conferences, training sessions, official business trips, meals, phone conversations, electronic communications, employer-provided transportation between home and the workplace, employer-provided housing, and any other locations designated by the employer.

III. Employer regulations on the prevention and combating of workplace sexual harassment

1. Regulations established by the employer regarding the prevention and combating of sexual harassment in internal labor regulations or in an appendix issued thereto must include the following essential elements:

a) Strict prohibition of workplace sexual harassment;

b) Detailed, specific provisions on acts of workplace sexual harassment appropriate to the nature and characteristics of the work and workplace;

c) Responsibilities, timelines, procedures, and internal settlement processes for handling workplace sexual harassment, including procedures for lodging and handling complaints and denunciations, as well as relevant provisions;

d) Labor disciplinary measures applicable to offenders or false accusers, commensurate with the nature and severity of the violation;

đ) Compensation for damages to victims and remedial measures.

2. Employer regulations concerning complaints, denunciations, and settlement procedures for sexual harassment must ensure the following principles:

a) Promptness and timeliness;

b) Protection of confidentiality, honor, prestige, dignity, and personal safety for victims of sexual harassment, complainants, denouncers, as well as the accused individuals.

IV. Responsibilities and obligations in preventing and combating workplace sexual harassment

1. Employers have the obligation to:

a) Implement and supervise the execution of legal provisions on the prevention and combating of workplace sexual harassment;

b) Organize outreach, dissemination, and legal education regarding regulations on workplace sexual harassment prevention for employees;

c) Promptly intervene, handle, and adopt protective measures to secure the confidentiality, honor, prestige, dignity, and safety of victims, complainants, denouncers, and accused individuals upon receiving complaints or denunciations of workplace sexual harassment.

2. Employees have the obligation to:

a) Strictly comply with regulations on preventing and combating workplace sexual harassment;

b) Actively participate in creating a sexual harassment-free work environment;

c) Deter and denounce acts of workplace sexual harassment.

3. Representative organizations of employees at the grassroots level have the responsibility to:

a) Participate in formulating, implementing, and supervising regulations on preventing and combating workplace sexual harassment;

b) Provide information, counseling, and representation for victims of sexual harassment as well as employees facing complaints or denunciations of sexual harassment;

c) Disseminate, publicize, and conduct training on workplace sexual harassment regulations.

4. Employers and grassroots employee representative organizations are encouraged to select topics concerning the prevention and combating of workplace sexual harassment for collective bargaining.

V. How will an accused individual be handled?

The disciplinary measure of dismissal is applied by an employer in the following circumstances:

2. An employee commits an act of workplace sexual harassment as stipulated in the internal labor regulations;

Thus, if the act of sexual harassment is stipulated in the internal labor regulations, dismissal may be applied. However, enforcing this disciplinary sanction must strictly follow legal procedures and statutory provisions; arbitrary or non-compliant enforcement will introduce substantial risks of labor contract disputes.

In addition to internal disciplinary actions under company regulations, an individual committing workplace sexual harassment may be subject to administrative fines if the conduct is not severe enough to warrant criminal liability.

Under regulations on administrative penalties in the field of labor, acts of workplace sexual harassment may be subject to a fine ranging from VND 15,000,000 to VND 30,000,000.

Where the conduct shows elements of a crime, it may be reviewed and handled under criminal law, depending on the nature and severity of the offense.