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7/31/2019 individu prezen

1/19

Husaini bin Selamat2010768179

JBM2202A

Prepared for:Puan

Nazihah


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Many people, at some stage in their workinglives, receive unwelcome sexual attention

from colleagues. Sexual harassment covers awhole range of issues, from rude remarks toleering and unwanted physical contact, and inlaw is seen as direct discrimination underthe Sex Discrimination Act 1975. Although itusually applies to women, men can be victimstoo.
http://www.womenandequalityunit.gov.uk/legislation/discrimination_act.htmhttp://www.womenandequalityunit.gov.uk/legislation/discrimination_act.htm


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Most jobs, training schemesand apprenticeships must be open equally toboth sexes and to people of all ethnic

backgrounds. The laws apply to full and part-time work, although a few jobs are excludedfrom the sex discrimination laws. These includeacting, modelling and jobs involving a physicalor close contact with the opposite sex. It is alsolegal for British firms to discriminate for jobsoverseas where local customs frown on certain

jobs being done by the opposite sex.
http://www.thesite.org/workandstudy/studychoices/whatcourse/apprenticeshipshttp://www.thesite.org/workandstudy/studychoices/whatcourse/apprenticeshipshttp://www.thesite.org/workandstudy/studychoices/whatcourse/apprenticeships


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It's against the law to treat a disabled person lessfavourably than someone without the disability,unless it can be justified for a reason related to

the disability. The law allows an employer todiscriminate only if the disabled person isunsuitable - or less suitable - than the persontaken on or if the person's disabilities wouldmake it very difficult for the job to be done. Thelaw, which applies to trainees as well asemployees, also states that a firm should makereasonable adjustments to working conditionsto allow a disabled person to do their job.


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Lesbian and gay workers are protected againstdiscrimination in the workplace on the grounds ofsexual orientation, thanks to the Employment Equality

(Sexual Orientation) Regulations 2003.This legislationbans direct and indirect discrimination, harassmentand victimisation driven by a person's sexuality.

Discrimination that draws on an assumption about aperson's sexuality (regardless of whether theassumption is correct or not) is also ruled out. There'salso protection for those who are suffering fromdiscrimination because they associate with people ofa certain sexuality.
http://www.opsi.gov.uk/si/si2003/20031661.htmhttp://www.opsi.gov.uk/si/si2003/20031661.htmhttp://www.opsi.gov.uk/si/si2003/20031661.htmhttp://www.opsi.gov.uk/si/si2003/20031661.htm


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TheEmployment Equality (Age) Regulations 2006came into forceon 1 October 2006. Under the new rules it is against the law todiscriminate against you for being too young or too old when itcomes to employment, adult education and training.

The rules mean that: Your employer can't treat you unfairly at work because of your

age; Employers can't refuse to employ you because of your age; There's no upper or lower age limit for getting redundancy pay; Your employer can't dismiss you because of your age; If you suffer age discrimination, you can make a claim to an

employment tribunal; Your age can't be a barrier to getting certain benefits.


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TheEmployment Equality (Religion or Belief)Regulations were passed in 2003 to stop

discrimination on the grounds of someone'sreligion or beliefs. The regulations areintended to protect students in schools incolleges, as well as those in the workplace. Aswell as direct and indirect discrimination, theregulations outlaw harassment andvictimisation.


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27. Discrimination against employee, etc. (1) No employer shall dismiss an employee, injure him in his

employment, or alter his position to his detriment by reason onlythat the employee

(a) makes a complaint about a matter which he considers is not safe or isa risk to health; (b) is a member of a safety and health committee established pursuant

to this Act; or (c) exercises any of his functions as a member of the safety and health

committee.

An employee shall not be dismissed or be subject to a demotionif he makes a complaint about safety and health matters at the place of work or when he

exercises his functions as a member of the safety and health committee in the workplace.


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(2) No trade union shall take any action on any of itsmembers who, being an employee at a place of work (a) makes a complaint about a matter which he considers is

not safe or is a risk to health;

(b) is a member of a safety and health committeeestablished pursuant to this Act; or

(c) exercises any of his functions as a member of a safety andhealth committee.

Trade union must not take any action on itsmembers who carry out their functions as a memberof the safety and health committee. This is to allowthe employee to carry out their function as acommittee member independently.


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(3) An employer who, or a trade union which, contravenesthe provisions of this section shall be guilty of an offenceand shall, on conviction, be liable to a fine not exceeding tenthousand ringgit or to a term of imprisonment not exceeding

one year or to both. (4) Notwithstanding any written law to the contrary, where

a person is convicted of an offence under this section theCourt may, in addition to imposing a penalty on theoffender, make one or both of the following orders:

(a) an order that the offender pays within a specific period to theperson against whom the offender has discriminated suchdamages as it thinks fit to compensate that person;

(b) an order that the employee be reinstated or re-employed in hisformer position or, where that position is not available, in a similarposition


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On September 28, 2001, Article 8(2) of the Federal Constitution wasamended to prohibit gender discrimination through the Constitution(Amendment) (N2) Act 2001.This, however, has yet to be encapsulatedin any specific legislation.

In 2001, the Labor Department of the Malaysian Ministry of HumanResources issued the Code of Practice for the Employment of theDisabled in the Private Sector (Disability Code).The objectives of theDisability Code are to:

(i) Establish guidelines for the registration and job placement of the

disabled with the private sector; (ii) Increase the awareness of private sector employers on the

importance of offering employment opportunities to the disabled; and

(iii) Encourage the disabled to prepare themselves in terms of ability,qualifications and skill sets to participate in the development of

Malaysia as employees.


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Though the Disability Code sets out the certain responsibilities of boththe employer and the disabled employee, like other similar Codesrelating to employment, there are no legal sanctions for non-compliance.

The Malaysian Government recently passed the Persons With Disabilities

Act 2008(PDA). It will be the first specific anti-discrimination law inMalaysia that applies in the workplace. Under the PDA, employers arenow legally required to ensure that employees with disabilities areaccorded just and favourable work conditions and equal remuneration tothose without disabilities. However, it is not expressly clear whether the

PDA will cover both employees as well as job applicants. At present,theprotections under the PDA only extend to current employees. Moredetailed guidelines and standards will presumably be promulgated bythe National Council for Persons with Disabilities and/or the Minister ofHuman Resources in accordance with the PDA. Pending such guidelinesand standards, the exact impact on the employment landscape remainsto be seen.


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Malaysia does not have any legislationgoverning workplace harassment.

However,in 1999, the Code of Practice onthe Prevention and Eradication of SexualHarassment in the Workplace waspromulgated (Sexual Harassment Code).The Sexual Harassment Code is not legallybinding, but companies are expected toadopt its recommendations.


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The Sexual Harassment Code contains guidelines for the establishmentand implementation of internal preventive and redress mechanisms fordealing with sexual harassment. Sexual harassment is defined underthe Sexual Harassment Code as any unwanted conduct of a sexual

nature having the effect of verbal, nonverbal,visual, psychological, orphysical harassment that might, on reasonable grounds, be perceived bythe recipient as:

(i) placing a condition of a sexual nature on her or his employment; or

(ii) an offence or humiliation, or a threat to her or his well-being, but that has no direct

link to her or his employment.This definition is wide-ranging and covers almost every

possible form of sexual harassment, including verbal statements, gestures and physical

conduct. It also includes employment-related sexual harassment that occurs outside theworkplace as a result of employment responsibilities or employment relationships (e.g.,

at work-related social functions,during work-related travel or over the telephone).


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To successfully combat sexual harassment in the workplace, employers are encouraged to

set up comprehensive in-house mechanisms.The minimum elements of such a mechanism,as outlined by the Sexual Harassment Code, include:

(i) A policy statement from management prohibiting sexual harassment in theorganization;

(ii) A clear definition as to what constitutes sexual harassment;

(iii) Setting-up a special complaint/grievance procedure;

(iv) Clear stipulation of the disciplinary rules and penalties that will be imposedagainst a harasser as well as against those who make false accusations;

(v) Formulation of a set of protective and remedial measures for the victim;

and

(vi) Promotional and educational programs to explain the companys policy onsexual harassment and to raise awareness of sexual harassment among allemployees.

Although it is not legally binding, implementation of the Sexual Harassment Code and the

setting-up of in-house inquiry boards will provide employees under harassment with an

avenue for redress within their organization.


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1. try to reason with the person who is treatingyou unfairly

2. If that doesn't work, get a third partyinvolved - someone who's impartial ifpossible - and arrange a meeting where bothsides can put their case forward. Keep a

written record of any bullying or harassmentto back up your claims. If you're a memberof a union, now's the time to get theminvolved.
http://www.thesite.org/workandstudy/working/workersrights/tradeunionshttp://www.thesite.org/workandstudy/working/workersrights/tradeunions


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1. people with a disability might want to contactthe Disability Rights Commission

2. If impossible to sort things out informally, you

may be advised to take your complaint to anemployment tribunal.3. If you win your case, the tribunal can award

damages to compensate you for the losses youhave incurred. You may be able to settle yourcase without the need to go to court but, if not,be prepared for a long and difficult battle, andremember to take legal advice.
http://www.drc-gb.org/http://www.drc-gb.org/http://www.citizensadvice.org.uk/index/getadvice.htmhttp://www.citizensadvice.org.uk/index/getadvice.htmhttp://www.drc-gb.org/

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