Date of Implementation: 1, Jan 2023
Issued By: Human Resource Section
1.
Policy Statement
1.1
Kajima (Malaysia) Sdn. Bhd. (hereinafter referred to as “the Company”) strives to create and
maintain a work environment in which employees are treated with dignity and respect. The
environment of the Company should be characterized by mutual trust and the absence of
intimidation, oppression or exploitation. The Company will not tolerate sexual harassment of
any kind. Through enforcement of the Company’s Sexual Harassment Policy (hereinafter
referred to as “the Policy”) and by communicating to employees, the Company will seek to
prevent, correct and discipline behaviour that violates this policy in line with the applicable laws
and regulations in Malaysia.
1.2
The Policy should thus be read in conjunction with the Company’s various policies &
guidelines. If multiple documents speak of the same subject, then the upmost stringent
provision prevails.
1.3
The Policy intends to fulfil the requirements set forth in applicable laws inter alia:
1)
The Code of Practice on the Prevention and Eradication of Sexual Harassment in the
Workplace, published in August 1999 by the Ministry of Human Resources, Malaysia
(“1999 Code”).
2)
Part XVA (Sexual Harassment) of the Employment Act 1955.
2.
Scope
2.1
This policy is intended for Kajima (Malaysia) Sdn. Bhd. and all its site offices within Malaysia.
The Policy is applicable to all the Company’s employees (“Personnel”) including directors.
All Personnel (whether temporary, contract or permanent) must comply with the Policy, the
Company’s other policies and procedures and all applicable laws in the course of
employment.
2.2
The Policy applies to the Company’s business associates, which includes but is not limited
to, vendors, contractors, sub-contractors, consultants, trainers, agents, representatives, and
other intermediaries who are performing work or services, for and on behalf of the Company.
It is the responsibility of all Personnel, regardless of their position or role, to communicate
the Policy to their business associates. The Policy applies to all parties that are currently
engaged with the Company or have intention to engage with the Company in the future.
2.3
Sexual harassment can be committed by and can happen to any person or group of persons
to whom the Policy applies, regardless of gender (this includes harassment committed
against members of the same sex) and reporting relationship.
3.
Definition
3.1
Sexual harassment is defined in the 1999 Code as any unwanted, unsolicited, and
unreciprocated conduct of a sexual nature that takes the form of verbal, non-verbal, visual,
psychological, or physical harassment:
1)
that might, on reasonable grounds, be perceived by the recipient as placing a
condition of a sexual nature on her/his employment (“sexual coercion”); or
2)
that might, on reasonable grounds, be perceived by the recipient as an offence or
humiliation, or a threat to her/his well-being (“sexual annoyance”).
4.
Forms of Sexual Harassment
4.1
Examples of sexual harassment include but are not limited to the following:
1)
Verbal: Lewd or suggestive jokes, innuendos, comments, remarks, questions,
requests, threats, or flirting.
2)
Non-verbal: Staring, leering, or ogling with suggestive overtones, physical gestures,
sounds or body language with sexual connotations e.g., moaning, licking or biting
lips, winking, holding or eating food provocatively.
3)
Physical: Unwanted and unsolicited invasion of personal space, cornering,
touching, tickling, hugging, kissing, groping, fondling, sexual assault, coerced or
forced sexual intercourse, etc.
4)
Visual: Showing or displaying to others pornographic or sexual art, photographs,
videos etc.
5)
Psychological: Repeated unsolicited flirting or requests for dates or sexual favors,
bribery, blackmail, or other forms of coercion relating to sexual acts which create a
hostile work environment for the recipient(s).
6)
Written: Text messages, letters, etc
The above are examples and are not exhaustive
4.2
Sexual harassment can take place at or outside the workplace; before, during or after
working hours; in person, or over other forms of media including but not limited to the
following:
1)
Physical media including printed photographs, letters or moving images or videos
displayed on any electronic device;
2)
Phone or video calls;
3)
E-mails or other messages, including text messages, voice messages, photographs,
videos, links and any other media, sent over private messaging applications
including WhatsApp, Line, Telegram, Signal, Viber, Facebook Messenger,
Snapchat, Discord etc.; or
4)
Posts on social media platforms including Facebook, Twitter, Instagram, LinkedIn,
TikTok, etc.
5.
Complaint and Disciplinary Procedure
5.1
Any employee who has been sexually harassed, or has witnessed or is affected by the
harassment of others, must take appropriate steps specified herein:
Keep a written record of each incident of sexual harassment, including the date, time,
place, any evidence, and available witnesses.
Talk to the Human Resource Manager immediately after the incident and seek
advice.
Make a formal complaint using the attached Sexual Harassment Complaint Form,
directly to the Human Resources Section.
5.2
Upon receipt of a formal complaint, the Head of Finance & Administration or Human
Resources Section shall proceed to conduct a thorough investigation to be concluded within
five (5) working days of the complaint.
5.3
No hardship, loss, benefit, or penalty may be imposed on an employee in response to:
Filing or responding to a bona fide complaint of sexual harassment;
Appearing as a witness in the investigation of a complaint; or
Serving as an investigator of a complaint.
5.4
Lodging a bona fide complaint will not be used against the complainant, nor will it adversely
affect the complainant’s employment status. However, filing groundless or malicious
complaints is an abuse of this policy and will be treated as a violation which will result in
serious disciplinary action.
5.5
In the event the complainant receives no update within ten (10) working days making the
complaint, or is dissatisfied with the outcome, they have the right to refer the complaint to
the Managing Director for review.
5.6
Nothing in the Policy shall prohibit the complainant from filing a police report, complaining to
the Director General of Labour or taking other necessary legal action in response to sexual
harassment.
6.
Employee Responsibilities
6.1
As employees of the Company, all Personnel shall read, understand, and comply with the
information contained within this Policy, and with training or other information on the
prevention of sexual harassment given from time to time.
6.2
All Personnel within the Company are equally responsible for the prevention, detection, and
reporting of sexual harassment, and are required to avoid any activities that could lead to,
or imply, a breach of this Policy.
6.3
All direct supervisors and Heads of Division are responsible to ensure that complaints of
sexual harassment by their subordinates are handled expeditiously in accordance with this
Policy. Direct managers/supervisors and Heads of Department who knowingly allow or
tolerate sexual harassment, including the failure to immediately report such misconduct to
the Human Resources Section, are in violation of this Policy and subject to disciplinary
action.
7.
Confidentiality and Hotline Procedure (Whistleblowing)
7.1
All Personnel have the responsibility to prevent and report instances of sexual harassment.
If any Personnel suspects or observes anything which is in contravention with the Policy, it
may be reported under the Hotline Procedure (‘Whistle-Blowing’) option at the earliest
possible opportunity. All reports will be treated as confidential, and the Company will ensure
that anyone who reports will not be in detriment as a result of raising genuine concerns about
sexual harassment, even if they turn out to be mistaken.
8.
Monitoring, Reviewing and Enforcement
8.1
The Company will diligently monitor these procedures to ensure that they meet the objectives
of relevant legislations and remain effective for the Company, and, if necessary, implement
changes subject to the approval of the Management.
8.2
Internal control systems and procedures designed to prevent sexual harassment are subject
to regular audits to ensure that they are effective in practice.
8.3
This Policy forms part of the Company’s contract of employment and the Company may
amend it at any time to improve its effectiveness at preventing sexual harassment.
8.4
Any Personnel or person associated with the Company, if found guilty of an act of sexual
harassment in breach of this Policy, shall be dealt with according to the Company’s
disciplinary measures.
Download the Sexual Harrassment Complaint form here.
