Asia has been slow to address sexual harassment in the
workplace. Vietnam is laying the first bricks to build a legal
framework. The new Labor Code
(“NewLabor Code”),
which takes effect on January 1st, 2021, makes clear
that sexual harassment in the workplace may be disciplined. The New
Labor Code does not state which specific acts constitute sexual
harassment. It leaves details to the employer. This article
discusses the evolving framework and offers some suggestions.
What is sexual harassment?
Article 3.9 of the New Labor Code states
“sexual harassment in the workplace
means any sexual act of a person against another person in the
workplace against the latter's will”. This
definition is aligned with international understanding as
specified, say, in Convention no. 190 on Violence and Harassment
(“Convention 190”)1, which
was adopted in June 2019 by the International Labor Organization
(“ILO”), of which Vietnam is a
member.
