“Respect is earned but dignity should never be denied.”
WORKPLACE harassment is a silent epidemic that cuts across all ranks – from junior clerks in rural offices to senior executives in city towers. It’s not merely a lapse in professionalism; it’s a breach of law and a betrayal of basic human decency.
In Sarawak, where workplace hierarchies often mirror traditional social structures, many employees endure mistreatment quietly. As one local -based senior manager posted online, “My salary doesn’t include being scolded in front of customers.” That sentiment echoes across industries – from timber yards in Sibu to hospitality outlets in Miri.
What the Law Says: Federal and State Protections
Malaysia’s Employment Act 1955 (amended in 2012 and 2022) lays out clear definitions of harassment, especially sexual harassment. Sections 81A to 81G define it as any unwelcome conduct of a sexual nature – verbal, non-verbal, visual or physical – that humiliates or threatens a person’s well-being. Employers are legally bound to investigate complaints and failure to act can result in penalties.
Beyond sexual misconduct, the Code of Practice (1999) and guidelines from the Ministry of Human Resources extend the definition to include psychological harassment – such as bullying, public shaming and verbal abuse. The Industrial Relations Act 1967 empowers the Industrial Court to hear cases of unfair or constructive dismissal arising from such harassment.
The Malaysia Penal Code 2025 (amended) in Section 507 C on “Causing harassment, distress, fear or alarm to a person likely to feel harassed, distressed, fear or alarmed.” And it said: –
“Whoever, in any manner or by any means, uses or makes any threatening, abusive or insulting words or communication, or engages in any threatening, abusive or insulting act and such words, communication or act are heard, seen or otherwise perceived by a person who is likely to feel harassed, distressed, fear or alarmed by such words, communication or act, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”
Sarawak’s Legal Landscape
Under the Malaysia Agreement 1963, Sarawak retains autonomy over labour matters. Instead of the Employment Act, Sarawak enforces the Sarawak Labour Ordinance (Cap. 76), which mirrors many federal provisions but is tailored to local contexts.
While the Ordinance doesn’t explicitly define “harassment,” it mandates employers to ensure a “safe system of work.” This includes protection from psychological harm. The Sarawak Labour Department is empowered to investigate complaints and advise employers on corrective measures.
In short, whether under federal law or Sarawak’s Ordinance, harassment is a violation of an employee’s right to dignity, equality and safety.
Real-Life Examples from Sarawak
Harassment takes many forms:
- Verbal Abuse: A manager shouting at staff in front of customers at a Kuching retail outlet. The cashier resigned shortly after.
- Sexual Harassment: Persistent suggestive remarks or unwanted advances in hospitality settings.
- Bullying: Assigning excessive workloads to one employee while others are favoured and another asking a senior executive to clean toilets every day.
- Discrimination: Targeting staff based on race, gender or religion — especially harmful in Sarawak’s multicultural workforce.
In one case, a manager in a local supermarket berated a cashier over a minor error. Customers witnessed the incident. Though the employer dismissed it as “discipline,” the public humiliation created a toxic environment. Under Sarawak’s Labour Ordinance, this could be grounds for a complaint due to unsafe psychological conditions.
“Even a tree with deep roots can fall if the soil is poisoned.”
So too can a workplace crumble when respect is replaced by ridicule.
Why Harassment Persists
Several factors contribute to the persistence of workplace harassment:
- Power Imbalance: Some supervisors misuse authority to intimidate subordinates.
- Cultural Misinterpretation: In Asian contexts, harshness is often mistaken for “firm leadership”.
- Legal Ignorance: Many workers – especially in rural Sarawak – are unaware of their rights under the Labour Ordinance.
- Poor Leadership: Stressful environments lead managers to lash out instead of communicating.
- Fear of Retaliation: Employees worry that speaking up may cost them their jobs, especially in small family-run businesses.
“The nail that sticks out gets hammered down ” – but in a just workplace, it should be protected, not punished.
Solutions: Turning Law into Practice
To address harassment effectively, both employers and employees must act:
Employers Should:
- Establish Clear Policies: Define harassment and outline complaint procedures.
- Conduct Internal Inquiries: Set up panels to investigate complaints. Serious cases must be reported to the Sarawak Labour Department.
- Provide Training: Educate staff on respectful communication and legal rights.
- Create Safe Reporting Channels: Ensure confidentiality and protection for whistleblowers.
Employees Can Seek Legal Remedies Through:
- Industrial Relations Act 1967: For constructive dismissal claims.
- Penal Code (Sections 354, 509): For sexual harassment involving assault or insult to modesty.
- Sarawak Labour Ordinance: For breaches of safe working conditions.
A Path Forward for Sarawak
Sarawak has the opportunity to lead by example. Employers must understand that harassment – whether verbal, sexual or psychological – is not “discipline”, but degradation. It erodes morale, productivity and public trust.
“A smooth sea never made a skilled sailor” – but a storm of abuse teaches nothing but fear.
By embracing both the spirit and letter of the law, Sarawak can foster workplaces that are safe, respectful, and just. Let us build a culture where dignity is not a privilege but a promise.
The views expressed here are those of the writer and do not necessarily represent the views of Sarawak Tribune. The writer can be reached at drjohnlau@gmail.com.
