Sexual Harassment at Work Malaysia 2026: Laws, Reporting & Employer Obligations
By SuperJobs Team · 8 min read
Quick Answer: Sexual harassment in the Malaysian workplace is prohibited under the Employment Act, and employers with 25+ employees must display anti-harassment notices and establish a complaints mechanism. This guide covers what constitutes harassment, how to report it, and the legal protections available to victims.
Malaysia took a significant step in addressing workplace sexual harassment with the passing of the Anti-Sexual Harassment Act 2022. Combined with provisions in the Employment Act 1955 and the Penal Code, employees now have multiple avenues for protection and recourse.
Key Legislation
| Law | Scope |
|---|---|
| Anti-Sexual Harassment Act 2022 | Comprehensive framework covering all workplaces and public spaces |
| Employment Act 1955 (Section 81A-81G) | Workplace-specific provisions, employer obligations |
| Penal Code (Section 509) | Criminal offence - outrage of modesty through words, gestures, or acts |
What Constitutes Sexual Harassment
Sexual harassment is any unwanted conduct of a sexual nature that is:
| Form | Examples |
|---|---|
| Verbal | Sexually suggestive comments, jokes, propositions, threats |
| Non-verbal | Leering, suggestive gestures, displaying sexually explicit materials |
| Physical | Unwanted touching, groping, assault |
| Visual | Sending sexually explicit images, exposing oneself |
| Digital | Sending inappropriate messages via email, WhatsApp, social media |
| Quid pro quo | Demanding sexual favours in exchange for career advancement, salary increases, or job security |
Employer Obligations (Employment Act, Section 81B)
Every employer must:
- Display a notice - Prominently display a notice raising awareness of sexual harassment
- Establish a complaint mechanism - Create a process for employees to report sexual harassment
- Investigate complaints - Conduct a proper inquiry when a complaint is received
- Take appropriate action - Disciplinary action against the harasser if misconduct is proven
- Protect the complainant - No retaliation against employees who report harassment
Penalty for Employer Non-Compliance
- Failure to inquire into a complaint: Fine up to RM 50,000
Anti-Sexual Harassment Tribunal
The Anti-Sexual Harassment Act 2022 established a dedicated tribunal:
| Feature | Details |
|---|---|
| Jurisdiction | Any complaint of sexual harassment (not limited to the workplace) |
| Time limit | Complaint must be filed within 24 months of the incident |
| Remedies | Compensation up to RM 250,000, apology order, restraining order |
| Process | No lawyer required - tribunal proceedings are designed to be informal and accessible |
| Appeal | Decisions can be appealed to the High Court |
How to Report
| Channel | When to Use |
|---|---|
| Internal complaint | First step - use your employer's internal complaint mechanism |
| Anti-Sexual Harassment Tribunal | If internal channels fail or are unavailable |
| Police report | For criminal conduct (Section 509 Penal Code, assault) |
| JTK (Labour Department) | If employer fails to take action on your complaint |
| Helplines | Women's Aid Organisation (WAO): 03-7956 3488; AWAM: 03-7877 0224 |
Employee Rights
- No retaliation - Employers cannot punish employees for reporting harassment
- Confidentiality - Complaints should be handled confidentially
- Right to legal action - Employees can pursue both civil and criminal remedies
- Right to support - Access to counselling and support services
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?Frequently Asked Questions
What constitutes sexual harassment in the Malaysian workplace?
Sexual harassment in Malaysia includes unwanted sexual advances, requests for sexual favours, verbal or physical conduct of a sexual nature, and displaying offensive materials. It can occur between any individuals in the workplace regardless of gender or hierarchy.
What should I do if I experience sexual harassment at work in Malaysia?
Report the incident to your employer's designated complaint handler or HR department. Under the Employment Act, employers with more than 25 employees must display a notice on sexual harassment awareness. You can also file a complaint with the Labour Department or lodge a police report.
What are employers' obligations regarding sexual harassment in Malaysia?
Employers must take preventive and remedial measures including establishing an anti-harassment policy, setting up a complaints mechanism, investigating reports promptly, and taking disciplinary action against offenders. The Employment Act 2022 amendments strengthened these requirements.
Can I take legal action for workplace sexual harassment in Malaysia?
Yes, victims can take multiple legal routes: file a complaint under the Employment Act, report to police under the Penal Code (Section 509 for criminal intimidation), or pursue civil action for damages. The Industrial Court can also hear cases where harassment leads to constructive dismissal.
Is my employer liable if a colleague sexually harasses me in Malaysia?
Employers can be held vicariously liable for sexual harassment by their employees if they failed to take reasonable steps to prevent it. This includes not having proper policies, failing to investigate complaints, or not taking action against known offenders.