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Sexual harassment is recognized as a serious violation of personal rights and workplace safety in Tawau, a town located in the state of Sabah, Malaysia. The country’s laws, including those applicable in Tawau, have provisions to address and penalize sexual harassment in various settings such as workplaces, educational institutions, and public spaces. Awareness of these legal protections is growing, but many individuals may still be unsure about their rights and available remedies. Understanding what constitutes sexual harassment-and the legal avenues for reporting and addressing it-is essential for anyone who may be a victim or accused of such conduct in Tawau.
Individuals may require legal assistance for several reasons in cases involving sexual harassment:
In Tawau, the main statutory framework addressing sexual harassment is the Employment Act 1955 (as amended), which applies to Peninsular Malaysia and Sabah (including Tawau), supplemented by local regulations and workplace policies.
Employers are required to investigate all complaints of sexual harassment and, if substantiated, take appropriate disciplinary action. The law covers various forms of harassing conduct, such as unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment.
In addition to employment settings, the Penal Code covers certain severe forms of sexual misconduct, including assault, molestation, and intimidation, which are prosecutable criminal offences. Victims may also seek redress through the Labour Department (Jabatan Tenaga Kerja) for workplace-related complaints or the police for criminal matters.
Sexual harassment includes any unwanted or unwelcome behavior of a sexual nature, whether verbal, non-verbal, visual, or physical, that can offend, humiliate, or intimidate another person.
No. While the Employment Act specifically covers workplace harassment, the Penal Code addresses sexual harassment in broader contexts, such as public places or educational institutions.
You should document the incidents, inform someone you trust, and consider lodging a complaint with your employer, the Labour Department, or the police. Obtaining legal advice will help you navigate these steps.
Yes, both men and women can be victims or perpetrators of sexual harassment, and legal protections apply regardless of gender.
While there’s no strict time limit for reporting workplace harassment, delaying too long could affect the evidence and the success of your case. It is best to act promptly.
Authorities and employers are expected to maintain confidentiality, though in some cases, certain details may be disclosed during the investigation. Discuss this concern with your lawyer or the relevant authority.
Keep records of messages, emails, witness statements, or anything else relevant to the incidents. Detailed notes with dates, times, locations, and a description of the events can be vital.
Retaliation for making a complaint is prohibited by law. If you face any adverse action, you can seek legal recourse against your employer or perpetrator.
Yes, many cases are addressed internally at the workplace or resolved through mediation or administrative action by authorities without the need for a formal court trial.
A lawyer can provide independent advice, help draft complaints, represent you in hearings or negotiations, and advise you on all your options for redress and compensation.
If you believe you have experienced or have been accused of sexual harassment in Tawau, take the following steps:
Being informed and proactive can make a significant difference in protecting your rights and well-being. Don’t hesitate to seek professional help when dealing with sexual harassment in Tawau, Malaysia.
