INTRODUCTION HARASSMENT AND THE LAWS IN MALAYSIA
This course is on “Harassment and the Penal Code in Malaysia” would cover the legal framework for addressing harassment, focusing on the Penal Code and other relevant legislation. It would examine various forms of harassment, including workplace harassment, sexual harassment, and cyberbullying, and the legal consequences under the Penal Code and other related laws like the Anti-Sexual Harassment Act 2022 and Employment Act 1955.
LEARNING OBJECTIVE
Upon completion of this training programme, participants will be able understand the following:
Legal Framework:
- The course will delve into the specific sections of the Penal Code (Amendment) Act 2025, the Anti-Sexual Harassment Act 2022, and the Employment Act 1955 that relate to harassment.
Types of Harassment:
- Participants will learn to identify various forms of workplace harassment, including sexual harassment, bullying, cyberbullying, and other forms of misconduct.
Employer Obligations:
- The course will outline the legal responsibilities of employers in preventing and addressing harassment, including updating policies and procedures.
Employee Rights:
- Participants will understand the rights of employees under the relevant laws and how to seek redress for harassment.
Compliance Strategies:
- The course will provide practical guidance on how to comply with the laws and reduce organizational liability related to harassment.
COURSE OUTLINE
Module 1: Introduction to Harassment and the Legal Framework
- Defining harassment: Unwelcome conduct that demeans, threatens, or offends, including verbal, physical, visual, or online actions.
- Overview of relevant legislation: Penal Code, Anti-Sexual Harassment Act 2022, and Employment Act 1955.
- Distinguishing between different types of harassment: Workplace harassment, sexual harassment, cyberbullying, and others.
- The role of the Penal Code in addressing harassment: Specific sections related to harassment, assault, intimidation, and insults.
Module 2: Workplace Harassment and the Employment Act 1955
- Key sections of the Employment Act 1955 related to harassment, particularly Part XVA dealing with sexual harassment.
- Employer’s obligations in handling harassment complaints.
- Complaint mechanisms under the Employment Act.
- Penalties for non-compliance with the Employment Act.
Module 3: Anti-Sexual Harassment Act 2022
- Definition of sexual harassment under the Act.
- Procedures for filing complaints with the Tribunal for Anti-Sexual Harassment.
- Powers of the Tribunal, including awarding compensation and issuing orders.
- Enforcement of Tribunal decisions.
Module 4: Penal Code Provisions on Harassment
- Specific sections of the Penal Code relevant to harassment:
- Section 323 & 324: Voluntarily causing hurt.
- Section 506: Criminal intimidation.
- Section 504: Intentional insult.
- Section 509: Words or gesture intending to insult someone’s modesty.
- Section 507A: Stalking.
- Section 507B-507G: New provisions addressing bullying-related conduct (introduced in 2025).
- Burden of proof and intention in criminal cases under the Penal Code.
- Case studies and examples illustrating the application of Penal Code provisions.
Module 5: Cyberbullying and Online Harassment
- The role of the Penal Code in addressing cyberbullying and online harassment.
- Specific examples of online harassment covered under the Penal Code (e.g., doxing, cyberstalking).
- Legal remedies for victims of online harassment.
Module 6: Employer’s Responsibilities and Compliance
- Developing and implementing effective workplace harassment policies.
- Training employees on harassment prevention and reporting procedures.
- Managing complaints of harassment and taking appropriate action.
- Minimizing organizational liability related to harassment.
Module 7: Recent Amendments and Future Developments
- Impact of the Penal Code (Amendment) Act 2025.
- Ongoing developments in harassment law and future trends.
- The role of civil remedies and tort law in addressing harassment.
Module 8: Condonation
- Common mistake by employers
- What is Condonation
- Was there any elements of Condonation
- Time vs. action
