Workplace Sexual Harassment: A Complaint Procedure for Malaysian Employers
Why Malaysian employers must act on sexual harassment complaints, and a practical step-by-step procedure for receiving, investigating and closing a case.
Sexual harassment complaints are sensitive and legally serious. Under the Employment Act, an employer who receives a complaint is expected to inquire into it, and failing to do so can lead to penalties. The 2022 amendments increased these penalties. Having a clear procedure before a complaint arrives is the best protection for everyone.
Build the foundation
- Adopt a written anti-harassment policy that explains what counts as harassment, with examples.
- Name who can receive complaints, and offer an alternative if the complaint involves that person.
- Tell all staff about the policy, including new joiners, and train managers.
When a complaint is made
- Receive it calmly and in confidence. Record the complaint in writing and thank the person for coming forward.
- Protect the complainant. Consider interim steps such as changing reporting lines or seating, without penalising the complainant.
- Decide who investigates. Appoint an impartial person or panel with no conflict of interest.
- Inform the parties. Tell the respondent about the complaint and give a fair chance to respond.
- Gather evidence. Interview both sides and witnesses, and collect messages or other records.
- Reach a finding. Decide based on the evidence, and apply your disciplinary policy fairly if the complaint is substantiated.
- Communicate and follow up. Inform both parties of the outcome and check afterwards that there is no retaliation.
Keep records
Store the complaint, evidence, interview notes and outcome in a restricted file. Share only with those who need to know.
Prevention
Regular training, a respectful culture, visible leadership support and easy reporting channels reduce incidents and help staff speak up early.
This article is general information, not legal advice. Check the latest official guidance (HRD Corp, Ministry of Human Resources, Labour Department) for your situation. For serious or complex cases, seek legal advice. TEM can help set up your policy and guide the HR process.
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