ABSTRACT
The Employment Act, 2012 came into force on April 1, 2012. It amends and supplements existing employer obligations prescribed by the Malaysian Employment Act 1955 and introduces new ones. The Amendment Act introduces sexual harassment-specific criminal offenses in the workplace as well as introducing personal liability of directors and other officers for offenses committed by a body corporate. The Amendment Act requires an employer to inquire into any sexual harassment complaints in the prescribed manner unless the stipulated grounds of refusal are satisfied. If, upon conducting an inquiry, the employer is satisfied that sexual harassment is proven, disciplinary action may be taken against the wrongdoer, including dismissal or downgrading. The objects of the Occupational Safety and Health Act, 1994, as amended in 2006 include promoting an occupational environment for persons at work which is adapted to their physiological and psychological needs.
