Blog Details

Subject

India

Philippines

China

Singapore

Thailand

Laws in Place

India has a specific law for the prevention, prohibition and redressal of sexual harassment in the workplace, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Indian Penal Code, 1860 also covers sexual harassment. The legal provisions also provides for the appointment of internal committees for addressing complaints of sexual harassment in the workplace.

Philippines has specific law for prevention of sexual harassment in the workplace, Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995). The Anti-Rape Law of 1997 also covers sexual harassment. The legal provisions also provides for the conduct of seminars and training programs on sexual harassment for employers and employees.

China has Law on the Protection of Women’s Rights and Interest which prohibits sexual harassment against women and provides the right for victims to file complaints. The Criminal Law of the People's Republic of China also covers sexual harassment. The Chinese Laws protect the rights and interests of female employees in the workplace.

Singapore has law for the protection from harassment, Prevention of Harassment Act, 2014 (POHA) which also covers sexual harassment. But the country has no specific law for sexual harassment in the workplace. The Protection from Harassment Act has provisions for the protection of individuals from harassment, including sexual harassment, in any place.

In Thailand, the Labor Protection Act B.E. 2541 (1998) sets out the legal framework for addressing cases of sexual harassment in the workplace. The Criminal Code of Thailand, B.E. 2499 (1956) also covers sexual harassment. Laws of Thailand has provisions for the protection of women from sexual exploitation and abuse, including sexual harassment, committed by persons in positions of authority or trust.

Redressal Mechanism

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides for the Redressal of complaints of sexual harassment in the workplace. The complaint can be made to the Internal Complaints Committee (ICC) within the organization or to the Local Complaints Committee (LCC) in case the organization does not have an ICC. The complaint should be made within three months of the occurrence of the incident. The ICC/LCC is required to complete the inquiry within a period of 90 days. The punishment for sexual harassment can include transfer of the accused, termination of service and a fine.

Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995 provides for the Redressal of sexual harassment complaints in the workplace, education or training institution. The complaint can be made to the Department of Labor and Employment (DOLE) or to the appropriate office in the education or training institution. The punishment for sexual harassment includes reprimand, suspension, or termination of employment or education/training.

The Labor Law of the People's Republic of China provides for protection against sexual harassment in the workplace. The complaint can be made to the labor arbitration committee or to the court. The punishment for sexual harassment includes warning, demotion, or termination of employment.

The Prevention of Harassment Act (POHA) provides for the redressal of harassment complaints, including sexual harassment, in the workplace, education or training institution. The complaint can be made to the police or to the relevant authority in the education or training institution.

The Labor Protection Act provides for protection against sexual harassment in the workplace. The complaint can be made to the Labor Court. The punishment for sexual harassment includes warning, suspension, or termination of employment.

Penal Provisions

The punishment for sexual harassment under the Indian Penal Code (IPC) includes imprisonment for a term that may extend to three years and/or a fine.

The punishment for sexual harassment under Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995 includes imprisonment for a term not exceeding 6 months and/or a fine not exceeding 20,000 pesos.

The punishment for sexual harassment under the Criminal Law of the People's Republic of China includes imprisonment for a term not exceeding 5 years.

The punishment for sexual harassment under the Prevention of Harassment Act (POHA) includes imprisonment for a term between 6 months to 2 years and/or a fine not exceeding $5,000, depending upon the gravity of the harassment.

Thailand does not have a specific law for the redressal of sexual harassment complaints, but the punishment for related offenses such as indecent behavior or assault under the Thai Penal Code can include imprisonment for a term ranging from 6 months to 10 years.