Sexual Harassment at Work in Malaysia: Your Rights and Your Employer's Duties

Sexual harassment at work is more than an internal HR issue in Malaysia. Victims may seek redress under the Anti-Sexual Harassment Act 2022, while employers have separate duties under the Employment Act 1955 to inquire into workplace sexual harassment complaints.

Workplace safety law is also increasingly relevant to psychological health. Employers should consider harassment, bullying, excessive workload and other psychosocial risks alongside traditional physical safety concerns.

For employees, this means there may be several legal routes depending on what happened. For employers, ignoring a serious complaint can create regulatory, employment and civil consequences.

What counts as sexual harassment?

The Anti-Sexual Harassment Act 2022 defines sexual harassment broadly.

It covers unwanted conduct of a sexual nature in any form, including verbal, non-verbal, visual, gestural or physical conduct, directed at a person which is reasonably offensive, humiliating or threatens that person's well-being.

Physical touching is not required.

Sexual comments, repeated sexual jokes, unwanted messages, sexual images, inappropriate gestures, persistent propositions and other unwanted conduct may fall within the definition depending on the circumstances.

The Employment Act 1955 contains a similar definition for sexual harassment arising out of and in the course of employment.

The focus is therefore on the conduct and its effect. A person cannot simply defend inappropriate behaviour by saying it was a joke or that no offence was intended.

The Anti-Sexual Harassment Act 2022 and TAGS

The Anti-Sexual Harassment Act 2022 created the Tribunal for Anti-Sexual Harassment, commonly known by its Malay abbreviation, TAGS.

The Tribunal gives victims a dedicated legal forum for sexual harassment complaints without having to rely only on internal workplace procedures or a conventional civil lawsuit.

Its jurisdiction is broader than employment. Sexual harassment can occur in workplaces, social settings, educational institutions, public spaces or other environments.

For workplace victims, TAGS may therefore exist alongside remedies under employment law.

If sexual harassment is proven, the Tribunal can make several orders. These include requiring the respondent to issue an apology, ordering publication of an apology where appropriate, directing a party to attend a specific programme, and awarding compensation or damages of up to RM250,000 for loss or damage suffered.

Tribunal proceedings are generally conducted privately, which is particularly important for victims dealing with sensitive evidence and allegations.

The complainant must still prove the case. The Tribunal does not treat an allegation as established simply because a complaint has been filed.

Your employer must inquire into a complaint

The employer has a separate legal responsibility under the Employment Act 1955.

Section 81B requires an employer who receives a complaint of sexual harassment to inquire into it.

An employer should not simply ignore the complaint, ask the victim to settle it privately, or dismiss it without considering the evidence.

There are limited circumstances where an employer may refuse to conduct an inquiry, such as where the same complaint has already been investigated and sexual harassment was not proven, or where the complaint is considered frivolous, vexatious or not made in good faith.

If the employer refuses to inquire, written reasons must generally be given within 30 days. A dissatisfied complainant may refer the matter to the Director General of Labour.

This gives employees an external avenue if the company refuses to act.

What happens if the employer ignores the complaint?

The Employment Act treats non-compliance seriously.

An employer may commit an offence if it fails to conduct a required inquiry, fails to provide written reasons for refusing an inquiry, fails to conduct an inquiry when directed by the Director General, or fails to provide the required report.

The penalty can be a fine of up to RM50,000 upon conviction.

Employers should therefore treat sexual harassment complaints as legal compliance matters, not merely interpersonal disputes between colleagues.

The Act also requires employers to display a notice at the workplace to raise awareness of sexual harassment.

How should an investigation be handled?

A proper investigation should be fair, clear and based on evidence.

The employer should identify the allegation, obtain the complainant's account, allow the accused person to respond, interview relevant witnesses and review available documents or communications.

WhatsApp messages, emails, CCTV footage, workplace chats, photographs, contemporaneous complaints and witness accounts may all be relevant.

The accused employee should also be treated fairly. A complaint should be investigated before findings are made.

Where serious disciplinary action may follow, a formal Domestic Inquiry may be appropriate depending on the circumstances. However, the statutory requirement is for a proper inquiry. A formal Domestic Inquiry should not be treated as mandatory in every case simply because a complaint has been made.

If sexual harassment is proven, disciplinary action may follow. Depending on the seriousness, this may include dismissal without notice, downgrading or another appropriate punishment.

Sexual harassment has long been recognised as a serious legal wrong

Malaysian courts recognised the seriousness of sexual harassment even before the Anti-Sexual Harassment Act 2022 was introduced.

In Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor, the Federal Court recognised a civil cause of action arising from workplace sexual harassment and upheld damages in favour of the victim.

The case was important because it confirmed that sexual harassment can amount to a serious violation of dignity and may give rise to civil liability.

The 2022 Act has since added a dedicated statutory route through TAGS.

Mental health and psychosocial risks at work

Workplace safety is no longer limited to machinery, accidents and physical injuries.

Under section 15 of the Occupational Safety and Health Act 1994, an employer has a general duty, so far as practicable, to ensure the safety, health and welfare of employees at work.

The scope of OSHA was significantly expanded from 1 June 2024, subject to limited statutory exclusions.

DOSH has also introduced its Guidelines on Psychosocial Risk Assessment and Management at the Workplace 2024, commonly known as PRisMA.

The guidelines recognise psychosocial hazards such as excessive workload, poor communication, lack of support, bullying, harassment and discrimination. These risks can contribute to stress, burnout, anxiety and other adverse effects on employees.

This does not mean every stressful workplace is unlawful. A demanding job or difficult manager does not automatically create a legal claim.

The point is that employers should assess serious psychosocial risks in the same structured way they would assess other workplace hazards.

Example: harassment followed by management inaction

Assume an employee receives repeated sexual messages from her manager.

She saves the messages and makes a written complaint to HR.

HR tells her that the manager is important to the business and advises her to ignore the matter. No proper inquiry is conducted, and she continues reporting directly to the same manager.

The behaviour continues. She eventually resigns.

Several legal issues may arise.

The alleged harasser may face a complaint before TAGS. The employer's failure to inquire may engage the Employment Act. The workplace environment may also raise health and safety concerns.

The resignation may potentially raise constructive dismissal issues if the employer's conduct is serious enough to amount to a fundamental breach of the employment relationship.

That outcome is not automatic. A constructive dismissal claim depends on the seriousness of the breach, the employee's response and the connection between the breach and the resignation.

What should employees do?

Preserve evidence immediately.

Keep messages, emails, screenshots, photographs, witness details, HR complaints and responses from management. Prepare a timeline while events are still fresh.

Where possible, make the complaint in writing. This reduces later disputes about what was reported and when.

If the employer refuses to investigate, consider referring the matter to the Labour Department. A complaint to TAGS may also be available.

Serious conduct involving assault, threats, stalking or other possible criminal offences may justify a police report.

If the situation is causing you to consider resigning, get advice before sending the resignation letter. The wording and timing can matter if constructive dismissal later becomes an issue.

What should employers do?

Employers should have a clear sexual harassment policy and reporting channel.

Complaints should be acknowledged promptly and investigated fairly. Relevant evidence, particularly CCTV and electronic communications, should be preserved before it disappears.

The complainant should be protected from retaliation. The accused employee should also have a fair opportunity to respond.

Employers should consider the broader workplace environment as well. Harassment, bullying, excessive workload and toxic practices can become psychosocial risks affecting employee health.

A written policy is only the starting point. What the employer actually does when a complaint arises matters far more.

Frequently Asked Questions

Can I claim compensation for sexual harassment in Malaysia?

Yes. The Tribunal for Anti-Sexual Harassment may award compensation or damages of up to RM250,000 where sexual harassment is proven and loss or damage has been suffered.

Must my employer investigate a sexual harassment complaint?

Yes. Section 81B of the Employment Act 1955 requires an employer to inquire into a sexual harassment complaint, subject to limited statutory grounds for refusal.

What happens if my employer refuses to investigate?

The employer must generally provide written reasons. A dissatisfied complainant may refer the matter to the Director General of Labour. Failure to comply with the statutory requirements can expose the employer to a fine of up to RM50,000 upon conviction.

Can sexual harassment affect workplace health and safety obligations?

Yes. OSHA requires employers to protect employee safety, health and welfare so far as practicable. DOSH's psychosocial risk guidelines specifically recognise harassment, bullying, discrimination and excessive workload as workplace hazards.

Can I resign if my employer ignores sexual harassment?

You can resign, but resignation does not automatically amount to constructive dismissal. A successful claim generally requires a serious breach of the employment relationship that caused the employee to resign. Legal advice should be obtained before resigning where possible.

Final takeaway

Sexual harassment at work is not simply an internal disciplinary issue.

Victims may have access to TAGS, workplace complaint procedures under the Employment Act and, depending on the facts, civil, employment or criminal remedies.

Employers also have clear responsibilities. Complaints should be investigated properly, retaliation should be prevented and workplace safety should include psychological and psychosocial risks.

For both employees and employers, the safest approach is to act early, preserve evidence and treat the issue seriously from the beginning.

Speak to JPP LAW

Justin, Poh & Partners, also known as JPP LAW, assists clients with employment disputes, sexual harassment matters, workplace investigations, constructive dismissal, unfair dismissal, civil claims and related workplace disputes in Malaysia.

If you are dealing with a sexual harassment complaint, an internal workplace investigation, retaliation, forced resignation or another employment-related dispute and need to assess your legal position, you may contact us to discuss the matter.

---

Disclaimer: This article is for general information only and does not constitute legal advice. Sexual harassment and workplace safety matters depend heavily on the facts, employment documents, evidence, workplace procedures and applicable law. You should seek advice based on your specific circumstances.