Compliance

Code of Good Practice

 

On 20th August 2020, the Minister of Employment and Labour published the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Draft Code) for public comment.

 

The Draft Code is intended to address the prevention, elimination and management of violence and harassment that pervade the world of work, and provides for: 

Treatment, care and support

Programmes, training and awareness

Procedures in managing violence and harassment

Monitoring and evaluation

The Draft Code provides seven key principles to guide the conventionalisation and implementation strategies to prevent and eliminate violence and harassment in the world of work:

Proactive responses

All Employers, employees, employer organisations and trade unions are required to proactively refrain from committing acts of violence and harassment, including gender-based violence and harassment.

Duty to remove all form of unfair discrimination

Employers must ensure that workplaces are free of violence and harassment.

Safe working environment

Employers are responsible for providing information, instructions and training as may be necessary to ensure that the workplace is safe and are responsible for creating and maintaining a working environment in which the dignity of all employees is respected and protected.

Violence and harassment are unacceptable

All employers, employees, employer organisations and trade unions have a role to play in contributing towards creating and maintaining a working environment in which violence and harassment including gender-based violence and harassment are regarded as unacceptable.

Workplace culture

Workplace culture should be created and maintained wherein complainants and or other persons affected by violence and harassment, including gender-based violence may bring a complaint without fear of reprisal, with the assurance that their complaints are not trivialised or ignored.

Appropriate action

Employers, employees, employer organisations and trade unions should take appropriate action in accordance with the Code where instances of violence and harassment including gender-based violence harassment occur in the world of work.

Third-party protection

Employers, employees, employer organisations and worker unions should attempt to ensure that persons such as clients, suppliers, job applicants and others who have dealings with the employer are not subjected to violence and harassment including gender-based violence by the employer or its employees, nor perpetrate violence and harassment against employees of the employer.
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The Draft guidelines highlight the main forms of violence in the world of work, referencing both emergent threats, such as cyberbullying and online violence, as well as traditional forms of violence and harassment in the workplace such as sexual and gender-based violence and harassment, racial and ethnic violence and harassment, bullying, discrimination, mobbing and intimidation.