Binh (Kate) Nguyen
- Introduction
Sexual harassment in the workplace is not a new legal issue, but it is still a current and controversial topic. In the United States, voluminous legal articles and discussions about this issue have been and continue to be released. Most recently, the issuance of the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act illustrates the federal effort to prevent sexual assault and sexual harassment practice and “to make workplaces safer and more productive for everyone.”[1] U.S. multinational companies typically have a code of conduct governing this workplace sexual harassment[2] and want to investigate cross-border misconduct internally. These companies that want their internal policies to be implemented worldwide may have to adapt their policies to align with legal requirements in the destination jurisdictions because laws and regulations in this area differ greatly from country to country.
This Comment focuses on dealing with this issue in Singapore and Vietnam. In Southeast Asia, Singapore would attract the most attention because the country is the region’s international hub for businesses and often plays the role of a regional management center or Asia-Pacific headquarters for the world’s biggest companies. Meanwhile, Vietnam is increasing its rapid growth in East and Southeast Asia, [3] and is predicted to be among the fastest-growing economies in the world to 2030.[4] Numerous U.S. multinational companies, therefore, choose to establish affiliates in these two countries. The laws and regulations in these countries would affect the management of the US headquarters. Although Title VII of the Civil Rights Act[5] does not cover discrimination against foreign employees in Singapore or Vietnam, the Act does cover discrimination against an American citizen who is the employee of (i) an American employer and is assigned to work in Singapore or Vietnam, or (ii) a foreign-incorporated company that is controlled by an American employer, so long as the control test is met (i.e., interrelation of operations, common management, centralized control over labor relations, and common ownership or financial control of both entities).[6] Moreover, according to Singapore law, an overseas harasser can still be prosecuted if the victim was in Singapore and the offender knew or had a reason to know that the victim was in Singapore.[7]
While the United States and Singapore follow the common law legal system, which allows judge-made laws, Vietnam generally is a civil law country. Employers’ responsibilities in preventing and handling sexual harassment at the workplace vary by country. Culture also affects how governments, employers, and employees think and react to this issue. Asian people tend to be more tolerant of actions constituting sexual harassment than non-Asians.[8] This indicates that employees in Asian countries are less likely to speak up for their rights, and more incidents of this type would not come to light. This gives rise to a concern about not only how U.S. multinational employers must adapt their policies to the laws overseas but also how to implement their policies, raise employees’ awareness and handle incidents related to workplace sexual harassment to maintain a fair and safe working environment for their employees.
- Overview of workplace sexual harassment legislation in Singapore and Vietnam
Singapore does not have specific employment rules on sexual harassment. Its Protection from Harassment Act, 2014 (POHA) protects all people, inside and outside the workplace alike, against harassment. Companies are encouraged to adopt sexual harassment policies, as recommended by the Tripartite Advisory for Managing Workplace Harassment issued by the Ministry of Manpower (MOM), National Trades Union Congress, and Singapore National Employers Federation (Sample Workplace Harassment Prevention Policy).[9] The country is open to the public about how it deals with workplace sexual harassment. Particularly, within the first nine months of 2021, the Police handled 378 workplace sexual harassment cases, amongst which 154 cases were completed, with 70 resulting in warnings and 2 resulting in convictions. [10] Despite this, a 2021 survey of the Association of Women for Action and Research showed that two in five employees experienced workplace sexual harassment in the preceding five years.[11] The country expects to issue a new workplace discrimination law. However, its preference is to “resolve workplace disputes informally and amicably, if at all possible” and legal redress would be used as the last recourse.[12]
Vietnam’s abolished Labor Code 2012[13] has only one general provision prohibiting workplace sexual harassment and does not provide specific regulations. In 2015, for the first time, a recommended, non-compulsory Code of Conduct on Sexual Harassment at the Workplace (Vietnam Code of Conduct 2015) was introduced by the Ministry of Labor, Invalids and Social Affairs (MOLISA), Vietnam General Confederation of Labor as employees’ representatives, and Vietnam Chambers of Commerce and Industry (VCCI) as employers’ representatives, with the support of the Internal Labor Organization (ILO).[14] Within the past three years, Vietnam has introduced a set of regulations governing workplace sexual harassment under its new Labor Code 2019[15] and a governing decree, Decree No. 145/2020/ND-CP,[16] which took effect in January and February 2021, respectively. The Vietnam Government now applies more stringent measures to combat workplace sexual harassment. It requires companies with ten employees or more to have relevant policies and complaint-handling procedures in their internal labor regulations, a document addressing workplace discipline that must be registered with the local labor authority. Companies now have to update their internal labor regulations and revisit their global code of conduct on sexual harassment to align with the new rules. However, there remains much to be done. For example, in a 2020 report on the situation of sexual harassment in the conservation industry,[17] of the 114 workers in the industry who were surveyed, 82.5% indicated that they were sexually harassed in different forms within the past two years.[18] In ActionAid Vietnam’s survey in 2014, the percentage of office staff, workers, and domestic workers who were sexually harassed between twice and five times in their life were 53.7%, 47.9%, and 57.7% respectively.[19]
- What is sexual harassment in the workplace?
Singapore’s POHA does not provide a definition of sexual harassment in the workplace. Instead, it provides a harassment definition, which generally includes the use of (i) “threatening, abusive, or insulting words or behaviour” and (ii) “threatening, abusive or insulting communication” that results or is likely to result in the victim’s perception of “harassment, alarm, or distress.”[20] POHA also considers publishing the identity information of the victim or related person as constituting harassment. In the workplace, the Sample Workplace Harassment Prevention Policy expects managers and supervisors to identify potential acts of harassment and regularly communicate them with the employees.[21] As such, unless the company specifies in its policy such potential acts, whether an act of sexual harassment is identified in the workplace would rely on the level of awareness of managers and supervisors, who could be affected by the Asian culture of not speaking out as mentioned above.
Vietnam Labor Code 2019 defines sexual harassment as a sexual-nature act of a person towards another in the workplace that is unwelcome or unwanted.[22] Similar to the U.S. categorization, the Vietnamese law categorizes sexual harassment into quid pro quo (“a request, demand, suggestion, threat, use of force to have sex in exchange for any work-related interests”) or hostile environment (“any sexual acts that create an insecure and uncomfortable work environment and affects the mental health, physical health, performance and life of the harassed person”).[23] These harassment behaviors could be in the form of physical action, verbal sexual harassment, or non-verbal sexual harassment. Workplace is also broadly defined, including work-related locations and spaces, notably social activities, phone conversations, communications through electronic media, and on shuttles or housing provided by the employer. Companies are further required to stipulate other sexual harassment descriptions according to the characteristics of the work and workplace.[24] Determining whether harassment behavior occurred at the workplace or not is essential for employers to take an appropriate course of action. Consider the example of a case in 2018 where a company dismissed an employee because he harassed a co-worker in a taxi after the two attended a social event. The company did not pay for the taxi fare, and the company’s employees themselves organized the event. The court held that such harassment did not happen in the workplace, so the company illegally dismissed the employee.[25] In such a case, the company was under pressure from its employees to let the harasser go; however, it should have considered the nature of the harasser’s violation to act appropriately and lawfully.
Thanks to support from the ILO, the Vietnamese terminology approach appears akin to that of the United States courts.[26] Hence, it would be more convenient for U.S. employers to adopt their workplace sexual harassment policy in Vietnam. However, since Vietnamese laws provide very detailed descriptions of sexual harassment behaviors, their Vietnamese subsidiaries are expected to meet this level of detail in their policies. Amongst types of employment discrimination, Vietnamese laws give more new focus on sexual harassment amongst other types of employment discrimination. Therefore, while a U.S. company may have an employment discrimination policy as a whole, at the Vietnamese level, the policy must indicate sexual harassment behaviors specifically.
- Establish an internal policy to prevent workplace sexual harassment
In Singapore, employers are strongly encouraged to set up a workplace harassment prevention policy, which includes sexual harassment as one form of workplace harassment. MOM’s Sample Workplace Harassment Prevention Policy is provided for reference. The sample policy contains, inter alia, the definition of workplace harassment, early prevention, reporting and investigation procedure, disciplinary action and closure of incidents, and training on workplace harassment. Although issuing and implementing the policy is optional, an employer could be assessed on whether it has taken necessary measures in response to a harassment complaint and the MOM may take action against the company if the company fails to provide a safe environment, such as by curtailing work passes.[27] According to the website of Tripartite Alliance for Fair & Progressive Employment Practice (TAFEP) accessed on January 5, 2023, 16,362 organizations have adopted Tripartite Standards, including a set of practices to address workplace harassment complaints.[28] This was a significant increase from 960 entities in May 2019,[29] but the number represents only a small fraction of the 568,971 business entities operating in Singapore by December 2022.[30] Overall, the policy offers an overview of the content that should be included in the policy. However, for such a policy to work in a corporate context, employers should consider adding more specific conduct and stringent measures, with detailed procedures for their policy to be put effectively into practice.
In Vietnam, since January 2021, employers have been required to formulate their policies on sexual harassment. Such policy must be integrated into the internal labor regulations or its appendix. Employers with ten or more employees must register the internal labor regulations with labor authority, which mean that the sexual harassment prevention and combat policy is to be reviewed by and subject to the scrutiny of the labor authority. At a minimum, the policy must include the following contents:
- prohibition of sexual harassment at the workplace;
- detailed and specific sexual harassment behaviors which are suitable to the nature and characteristics of the workplace;
- responsibilities, time limit, formalities, steps, and internal procedures to handle workplace sexual harassment, including responsibilities, limitations of time, steps, and procedures for and settlement of complaints and denouncement, and other relevant regulations;
- the form of labor discipline for the person who commits an act of sexual harassment or the person who makes false accusations corresponding to the nature and seriousness of the violation; and
- compensation for damage to the victim and remedial measures.
The regulations set out the complaint and denouncement handling, which to some extent, could be an official labor procedure that is strictly regulated and trigger the notification to and the involvement of a local labor authority.
A source of reference for employers to formulate their policy is the non-compulsory VietnamCode of Conduct 2015.[31] A new version of the Vietnam Code of Conduct 2015 has been prepared, which is said to clarify sexual harassment conduct not taking place in the workplace. This type of conduct would not be governed by labor regulations but by other regulations (i.e., administrative if the seriousness does not constitute a criminal law standard).[32] It often takes time for multinational companies to revisit their internal labor regulations to update them to comply with new provisions of the Labor Code 2019 and Decree No. 145/2020/ND-CP while still ensuring consistency with their global policy.
Vietnamese employers have general obligations to implement and supervise the implementation of the laws on preventing sexual harassment in the workplace, to raise the employees’ awareness about the law and the employer’s policy, and to timely prevent harassment and respond whenever a complaint or accusation is made. Establishing and implementing solutions to prevent workplace sexual harassment is one of the employers’ obligations.[33] In exchange, employers’ expenses to spend on activities on workplace sexual harassment prevention and combating are deductible when determining enterprise taxable income.[34]
- Investigation and complaint handling procedures
In both Vietnam and Singapore, not only the victim but any employee who witnessed harassment may report the incident to the company. In Singapore, an investigation is a part of the process that employers are expected to carry out when a witness or victim reports such an allegation. Report and investigation procedures are detailed in the Sample Workplace Harassment Prevention Policy.[35] The reporting line will be different where a harasser is a co-worker in contrast to an immediate supervisor, in the latter case, the incident should be reported to the HR manager or the director. If the case is not resolved, parties would escalate the report to and engage the involvement of senior management. The policy, however, does not address the direct report to senior management in case the harasser is an HR manager or director. In any case, an investigation is highly recommended because, for cases reported to the police that do not meet the legal threshold for criminal investigations or civil recourse under POHA, employers would be required to provide a complaint investigation report and take steps to prevent a subsequent incident.[36]
For Vietnam, since sexual harassment is now a behavior subject to disciplinary action and labor complaints, employers are expected to investigate the cases to gather evidence of the alleged harasser’s violation and, depending on the findings, to impose disciplinary action against them. During the investigation, employers must protect the confidentiality, dignity, honor, and safety of the victim, complainant, accuser, and alleged harasser. A timely investigation is essential because employers have only six months from the date of the incident to the issuance of a disciplinary decision against the harasser.[37] Timing for employers to comply with notification to the employees and their union representatives, as well as hearings, must be taken into account during the process. Separately, if an employee makes an official labor complaint, the employer must address it and notify the labor authority.[38] If, after a maximum of 45 days from the date of acceptance for resolution, the resolution has not been completed or if the employee is not satisfied with the employer’s resolution, the employee has a right to escalate the case to the court or labor authority as the second level of complaint handling.[39] Thus, an employer’s failure to promptly address sexual harassment at the workplace may result in the case being brought in court or involvement from labor authorities.
Initiating the process is crucial and requires the awareness and appropriate action of the personnel involved. In Asian countries like Singapore and Vietnam, culture plays a critical role in how people perceive whether a behavior is a misconduct and harassment, as opposed to a social norm and, consequently how people, including HR personnel and managerial level employees, react to such a report or complaint. Whether an employee may report or not would depend, in part, on whether the reporting process and investigation are to protect employers (including harassers) from liability rather than protecting and assisting the complainants. An investigation initiated and supervised by the U.S. headquarters should take into consideration culture, the law, and various issues.[40] For this reason, they should consider consulting an outside local counsel with international practice experience because the counseling would be beneficial in distinguishing what and what not to do from the outset of the case.
- Repercussion of reporting? Retaliation and loss of talent
Singapore’s Tripartite Advisory for Managing Workplace Harassment recommends preventing retaliation against the reporting informant. However, the Sample Workplace Harassment Prevention Policy does not address this issue. With three in 10 victims reporting workplace harassment suffering retaliation under multiple forms, not only from the harassers but employers and peers,[41] retaliation has created fears among employees and discouraged them from reporting. Various forms of retaliation have been taken, such as negative performance reviews, bonus denials, or even requests to resign. Four in five employees who experienced retaliation from either the employer or the perpetrators had to leave their job,[42] U.S. parent companies have experienced the loss of talent without recognizing the underlying reasons.
Vietnamese regulations do not address retaliation. However, the Vietnam Code of Conduct 2015 recommended that employers take necessary steps to protect those who report incidents in good faith from retaliation and discipline those who try to retaliate against the person who reported the possible harassment incident.[43]
As such, unlike the US’s concept of retaliation in litigation proceedings and retaliation against an employee who opposed unlawful employment practice,[44] Vietnam and Singapore law is inclined towards a policy to prevent retaliation at the outset of the case.
- Consequences to the harasser and the victim’s right to terminate the employment contract
Singapore’s Sample Workplace Harassment Prevention Policy recommended that harassers be subject to disciplinary action such as a written warning or demotion for more serious misconduct.[45] If the harassment reaches the POHA’s severity, a harasser could be subject to a fine of up to SGD5,000 (approx. USD3,792), be sentenced to up to six months imprisonment, or both. In addition, the victim may bring civil proceedings in court against the harasser or seek a protection order against the harasser or a third party.[46]
Vietnamese labor laws provide more stringent disciplinary actions. Employers have the right by law to dismiss the harasser. However, they can opt for a less severe disciplinary action depending on the severity of the violation as provided in their internal labor regulations. In addition, unless the harasser is criminalized, the competent authority may impose an administrative fine on the harasser, up to VN 30 million (approx. USD 1,269),[47] which is about four times higher than for sexual harassment outside of the workplace.[48]
Under Singaporean and Vietnamese law, generally, employees must notify in advance if they unilaterally terminate their employment contract.[49] However, Singapore’s Employment Act 1968 allows an employee threatened by a danger of violence to terminate the service contract without notice.[50] As the Employment Act 1968 does not specify workplace sexual harassment, the employees would arguably need a court’s protection order if the workplace sexual harassment they suffered was not “violence.” In this regard, Vietnamese law is more direct in allowing employees being sexually harassed to terminate their employment contract immediately without notice.[51]
- What is the employers’ liability?
The U.S. laws emphasize employers’ vicarious liability when a supervisor who is empowered to take employment action if the supervisor harasses a subordinate.[52] Under Singapore law, employers could be vicariously liable for the actions of their employees; however, in the case of workplace sexual harassment between two employees, including between an employee and his supervisor, POHA would be interpreted not to cover the employer’s vicarious liability although the employer is liable for assuring the workplace safety.[53] This could be explained by the fact that the harasser’s actions “could not be treated as that of the company’s in the circumstances of the case.”[54] That said, failure to take necessary steps to prevent workplace sexual harassment of a known incident may result in the employer’s liability.[55] The incident may also affect the company’s reputation, reduce the workforce’s productivity, and cause loss of talent because of employee resignations.[56]
Although there is no concept of an employer’s vicarious liability in Vietnam, compensation to the employee and remediation measure is a compulsory content of the employer’s policy.[57] For a better understanding, the Vietnam Code of Conduct 2015 provides that if a victim of sexual harassment was subject to demotion or denied a promotion due to sexual harassment persecution, such an employee should be compensated appropriately.[58] It could be interpreted that the employer would be liable to compensate the employee if workplace sexual harassment damages the victim. The question, however, is whether such compensation would be limited to the damages due to a company’s employment decision proposed by the supervisor, such as demotion or refusal to promote an employee as retaliation, not the damages caused by the supervisor’s sexual harassment personally. Similar to the Singaporean law’s approach, when a supervisor harasses an employee, he is arguably not doing so on the company’s behalf.
Neither the law of Vietnam nor the Vietnam Code of Conduct 2015 refers to the victim’s dismissal as a result of sexual harassment. This is because a victim does not need to prove that they are unilaterally terminated or fired as a result of sexual harassment. The employer must prove before the court that they have a legal ground as provided by the Labor Code 2019 to terminate unilaterally or dismiss an employee.[59] This differs from the law of Singapore where employers have a right to terminate employment with notice and without cause;[60] in such circumstances, the employees have to report discriminatory dismissals to be protected.
- Recommendation
All things considered, the legal approach to workplace sexual harassment in Singapore and Vietnam is not as severe as that in the United States when it comes to litigation. This is not to say that implementing sexual harassment prevention policy is not essential in promoting a safe, fair, and productive working environment, given the detrimental effect it may have on businesses. U.S. multinational companies should review the policies of their Vietnam and Singapore subsidiaries as required by practice (such as for harmonization after an acquisition, or during the due diligence process prior to acquisition) or by a change in the law (e.g., as newly required by Vietnamese laws). In an M&A transaction, the target company’s workplace sexual harassment policy and practice may indicate the quality of the workplace environment and employees’ productivity. A clean report does not suggest that there was no incident; instead, it might reflect that the culture of speaking up has not been promoted, and the employer needs to do more to improve its working environment. Given the Asian culture of avoiding confrontation and fear of retaliation, frequent and periodic supervision from the U.S. parent company is recommended. Employees should be able to report sexual harassment incidents directly and anonymously (if so desired) to the system, which can be assessed anytime by the U.S. parent company, especially in case of the harasser being an influential decision maker in the subsidiary. A step-by-step and easy-to-follow procedure for receiving and handling reports would promote transparency. Although a global and regional whistleblower hotline should help receive the reports, online submission could also be beneficial. The online submission should allow reports from outside stakeholders and consider language differences (Vietnamese, for example). In any case, detailed and frequent training is essential to raise the awareness of employees, HR personnel, and local leaders. Local leaders should play a critical role in implementing, promoting, and communicating the policy against sexual harassment company-wide.
[1] Speak Out Act 117 P.L. 224 §2(7) (2022).
[2] As an affirmative defense in case of no tangible employment action is taken, Burlington Indus. v. Ellerth, 524 U.S. 742, 765 (1998). Under Burlington, in the United States’ employment law context, sexual harassment has been addressed in two forms: “quid pro quo” and “hostile work environment”. An employer’s internal policy combating workplace sexual harassment would be the employer’s affirmative defense when an employee sued it in a case where no tangible employment action was taken.
[3] Nguyen Dieu Tu Uyen, Vietnam Sees Fastest Growth in Southeast Asia for Two Years, Bloomberg (Oct. 20, 2022) https://www.bloomberg.com/news/articles/2022-10-20/vietnam-sees-fastest-growth-in-southeast-asia-for-two-years?leadSource=uverify%20wall], and
Vincenzo Caporale, Why Vietnam’s Economic Future is Bright – and Growing Brighter, The Diplomat (Sept. 29, 2022) https://thediplomat.com/2022/09/why-vietnams-economic-future-is-bright-and-growing-brighter/].
[4] China, Vietnam, and Indonesia among Fastest-Growing Countries for Coming Decade in New Harvard Growth Lab Projections, Growth Lab at Harvard University https://news.harvard.edu/gazette/story/newsplus/harvard-growth-lab-projects-fastest-growing-economies-to-2030/#:~:text=China%2C%20Vietnam%2C%20Uganda%2C%20Indonesia,the%20Atlas%20of%20Economic%20Complexity].
[5] Civil Rights Act of 1964, tit. VII, Pub. L. No. 88 P.L. 352, 78 Stat. 241.
[6] Civil Rights Act of 1964, tit. VII, §§ 702(c)(2)–702(c)(3), and § 701(f). Sexual harassment is one form of sex discrimination. By way of background, in 1991, Congress amended Title VII and extended its protection overseas in response to the Supreme Court decision that Title VII does not apply outside the United States (EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991)). The protection, however, limited to U.S. citizens only (Shekoyan v. Sibley Int’l, 409 F.3d 414, 422 (D.C. Cir. 2005)).
[7] Protection from Harassment Act, art. 17.3(b) (Sing.).
[8] Jennifer Zimbroff, Cultural differences in perceptions of and responses to sexual harassment, 14, Duke J. Gender L. & Pol’y (2007).
[9] Written Answer by Minister for Manpower Mrs Josephine Teo Workplace Sexual Harassment, Notice Paper No. 350 of 2021 for the Sitting on 5 April, Singapore Ministry of Manpower (Apr. 5, 2021)
Sample Workplace Harassment Prevention Policy available at: https://www.tal.sg/tafep/-/media/TAL/Tafep/Employment-Practices/Files/Workplace_Harassment_Prevention_Policy_Sample_2019.pdf.
[10]Written Answer to PQ on Cases of Workplace Sexual Harassment and Actions Taken, Notice Paper No. 894 of 2021 for the Sitting on or after 12 January 2022, Singapore Ministry of Manpower (Feb. 15, 2022)
[11] AWARE-Ipsos survey reveals high prevalence of workplace sexual harassment in Singapore, low rates of reporting over past five years, Aware (Jan. 14, 2021), https://www.aware.org.sg/2021/01/aware-ipsos-survey-reveals-high-prevalence-of-workplace-sexual-harassment-in-singapore-low-rates-of-reporting-over-past-five-years/].
[12] Lim Min Zhang, NDR 2021: Fair employment guidelines to become law, new tribunal to deal with workplace discrimination, The Straits Times, (Aug. 29, 2021), https://www.straitstimes.com/singapore/politics/ndr-2021-fair-employment-guidelines-to-become-law-new-tribunal-to-deal-with].
[13] Labor Code, 10/2012/QH13, (2012) (Viet.).
[14] Code of Conduct on Sexual Harassment in the Workplace, Industrial Relations Committee,May 2015 (Viet.), unofficial translation available at:
[15] Labor Code, 45/2019/QH14, (Viet.).
English translation available at: http://boluatlaodong2019.molisa.gov.vn/lang_en/topic/viet_nam_labour_code/index].
[16] Decree No. 145/2020/ND-CP (Viet.).
English translation available at: https://quanhelaodong.gov.vn/download/nd-1452020nd-cp-tieng-anh/?wpdmdl=3945&refresh=63b7022e11ac61672938030
[17] Report on Sexual Harassment in Conservation Industry in Vietnam, WildAct, (Oct. 19, 2020),
http://www.wildact-vn.org/news/gbvvietnam].
[18] Report on Sexual Harassment in Conservation Industry in Vietnam, supra note 17 at 8.
[19] ActionAid International Vietnam, Safe Cities for Women and Girls: Can dream come true?, at 15 (2014)
A newer number in 2018 in garment sector at https://16dayscampaign.org/2019/03/05/garment-sector-vietnam/].
[20] POHA, § 3 and § 4.
[21] Sample Workplace Harassment Prevention Policy, supra note 9, Section D.
[22] Labor Code, art. 3.9.
[23] Art 84.1 of Decree No. 145/2020/ND-CP.
[24] Decree No. 145/2020/ND-CP, §§ 84-85.
[25] Vietnamese only: https://congbobanan.toaan.gov.vn/2ta254385t1cvn/chi-tiet-ban-an%5D.
[26] Burlington Indus. v. Ellerth, 524 U.S. 742, supra note 2.
[27] Ng Jun Sen, Parliament: More than 960 firms adopt standard to handle staff grievances, including sexual harassment, The Straits Times, (Updated May 14, 2019, 7:13PM SGT), https://www.straitstimes.com/politics/parliament-more-than-960-firms-adopt-standard-to-handle-staff-grievances-including-sexual
[28] Tripartite Alliance for Fair & Progressive Employment Practice (TAFEP), View Adopters of the Tripartite Standards (last visit Jan. 17, 2023 at 7:33 AM) https://www.tal.sg/tafep/getting-started/progressive/tripartite-standards-adopters]; Text of the Tripartite Standards Practices: https://www.tal.sg/tafep/-/media/tal/tafep/getting-started/files/ts-practices.ashx].
[29] Ng Jun Sen, supra note 27.
[30] Singapore Accounting and Corporate Regulatory Authority, 2022 Statistic Highlights – Monthly business entity count, data as of Jan. 1, 2023 (last visit Jan. 17, 2023 at 7:42AM), https://www.acra.gov.sg/training-and-resources/facts-and-figures/business-registry-statistics.
[31] Supra note 14.
[32] Gia Van, Code of Conduct:Looking erotically, blinking repeatedly is sexual harassment?, Vietnamnet (May 31, 2022) [https://vietnamnet.vn/bo-quy-tac-ung-xu-nhin-goi-tinh-nhay-mat-lien-tuc-la-quay-roi-tinh-duc-2025158.html].
[33] Labor Code, art. 6.2(d).
[34] Decree No. 145/2020/ND-CP, art. 83.2(b).
[35] Sample Workplace Harassment Prevention Policy, Section E.
[36] Written Answer to PQ on Cases of Workplace Sexual Harassment and Actions Taken, supra note 10, Section 3.
[37] Labor Code, art. 123.1.
[38] Decree No. 24/2018/ND-CP, art. 19.
[39] Decree No. 24/2018/ND-CP, art. 19.
[40] See more at Philip M. Berkowitz and Sixtine Gossellin, Cross-Border Sexual Harassment Claims and Investigations, 34 ABA Journal Lab. & Emp. Law 161.
[41] Shailey Hingorani, Reporting workplace sexual harassment: Dealing with retaliation, Aware (2021)
[42] Aware, “I quit”: Career and Financial Effects of Workplace Harassment on Women in Singapore, (Dec. 8, 2021), at 28, https://www.aware.org.sg/wp-content/uploads/I-Quit-Career-and-Financial-Effects-of-Workplace-Sexual-Harassment-AWARE-Report-Corrected.pdf.
[43] MOLISA Code of Conduct, supra note 14, Annex 2 – Sample Company Policy.
[44] Civil Rights Act of 1964, tit. VII, § 701(a).
[45] Singapore’s Sample Workplace Harassment Prevention Policy, supra note 9, Section F
[46] POHA, §§§ 3,4,12.
[47] Decree No. 12/2022/ND-CP.
[48] Harasser outside of the workplace would be imposed an administrative fine up to VND8 million (approx. USD 338) under Decree No. 144/2021/ND-CP, art. 7.5.
[49] Vietnam’s Labor Code, art. 35 and Employment Act 1968, § 10.
[50] Employment Act 1968, § 15.
[51] Labor Code, § 35.2(d).
[52] The court in Vance v. Ball State University, 570 U.S. 421,431 held that an employer may be vicariously liable for a supervisor’ unlawful harassment when the supervisor was empowered to take tangible employment action.
[53] Ravi Chandran, Workplace Harassment, Singapore Acad. of L. J., 27 SAcLJ, (2015), section 13 at 291.
and Kennedy Chen, Harassment Complaints: What Companies Should Know & Do, Asian Law Network (Sept. 1, 2019), https://learn.asialawnetwork.com/2019/09/01/companies-knowdo-faced-harassment-complaints/].
[54] Ravi Chandran, Workplace Harassment, supra note 53, at 287 and 289.
[55] Ravi Chandran, Workplace Harassment, supra note 53, at 291, 292, and 293.
[56] Kennedy Chen, supra note 53.
[57] Decree No. 145/2020/ND-CP, art. 85.1(dd).
[58] MOLISA Code of Conduct, supra note 14, Section 5.
[59] Civil Procedure Code (Civ. Proc. C), 92/2015/QH13, art. 91.1(b)
[60] Employment Act 1968, §§ 9-10.
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