Looking erotic, blinking repeatedly is considered sexual harassment when

This is the opinion of Mr. Nguyen Van Binh – Deputy Director of the Legal Department (MOLISA) around the content in the Draft Code of Conduct on prevention and control. sexual harassment At work, there are 3 parties (MOLISA: Vietnam General Confederation of Labor; Vietnam Confederation of Commerce and Industry (VCCI)).

Sexual harassment workplace will be fined, or prosecuted depending on the severity

Talking to the reporter of Dan Viet Newspaper, Mr. Nguyen Van Binh said that he was not satisfied with the fact that some newspapers reported information about the contents of the rules, because the information was not accurate and incomplete.

“The act of looking sexually provocatively, blinking repeatedly is not considered sexual harassment in the workplace. Only when these behaviors make the coworker disagree (uncomfortable) will it be considered behavior sexual harassment office place. Newspapers only mentioned one corner of the problem, causing public opinion to misunderstand the story,” Binh emphasized.

According to Mr. Binh, this is a set of rules drafted by the three parties, in consultation with the International Labor Organization (ILO). The Code is based on international legal principles and standards as well as ILO recommendations on the workplace environment.

“It is expected that in the second or third quarter of 2022, the parties will hold an industrial relations meeting to agree to issue this code of conduct,” Mr. Binh added.

Regarding sanctions, according to Mr. Binh, when officials, employees and employees violate, they will be handled according to Decree 12/2022 ND-CP on administrative handling in the field of labor. Accordingly, depending on the nature and level, it can handle many different forms and levels.

First, it can be handled according to labor discipline violations such as reprimand, discipline, dismissal. After that, it can be considered to handle administrative violations, or more serious can be handled criminally.

What behavior is considered? sexual harassment at the office?

The remarkable point in this set of rules is that in addition to the sexual harassment physically in the workplace, behaviors are also possible sexual harassment verbally, or with body language such as: Looking sexually suggestive, blinking repeatedly. However, these must all be undesirable behaviors, which are reacted by colleagues.

Whereby, sexual harassment at work is conduct of a sexual nature by any person toward another person in the workplace that is not desired or accepted by that person.

Behaviors that are not considered harassment in the workplace include: Compliments or encouragement that are generally acceptable, or are culturally, socially and ethically appropriate; the act of consensual intercourse (except for prohibited acts such as intercourse with a child), which is received or reciprocated by the other party; behaviors sexual harassment but does not take place at the workplace and is not governed by the labor law but is governed by other laws.

“Looking erotic, blinking repeatedly, indecent expressions, finger gestures… at work that make the opposite person unacceptable is classified as behavior. sexual harassment“, Mr. Binh said.

Harassment by physical behavior includes: Actions, gestures, physical contact, sexual or sexual suggestion, such as intentionally unwanted touching, touching, stroking, pinching, hugging, or kissing; to sexual assault, rape, or rape without consent.

Sexual harassment verbally, including: Face-to-face, telephone, or electronic media with sexually explicit or sexually implied content, which may include socially, culturally and inappropriately inappropriate remarks be desired; by sexual implication such as sexually suggestive jokes or comments about someone’s clothing or body when present or directed at them; unsolicited offers, requests or outings of a personal, private nature on a regular basis.

Sexual harassment non-verbal including body language; display, depict sexually explicit material or involve direct or electronic sexual activity, such as erotic glances, repeated winking, indecent expressions, finger gestures, etc. This practice also includes the display of sexually explicit materials, images, objects, and messages related to sex.

Code of conduct on prevention and control sexual harassment at work is recommended to apply to all types of businesses and employers; whether production or business or service; both public and private sectors; regardless of size.

The above Code requires employers to develop and disclose behaviors that are considered sexual harassment strictly prohibited in the workplace, included in the unit rules; develop and apply measures to prevent, control and handle.

Talking to PV Dan Viet Newspaper, a representative of the communications officer of the International Labor Organization (ILO) said that the Code of Conduct on prevention and control sexual harassment in the workplace This is not entirely new. Previously, in 2015, this set of rules was issued, however, to be consistent with the adjustment in the newly revised Labor Code, this unit has additionally consulted and issued the Code of Conduct. behavior on prevention and control sexual harassment at the new workplace to match reality.