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Malaysia's Tougher Laws Reshape Workplace Sexual Harassment Protections

Landmark legal reforms are pushing Malaysian workplaces toward accountability. Yet, rising reports and low convictions reveal a system still fighting for justice.

,   and  Administrator
2 min read
The image shows a man in a suit and tie sitting at a table with microphones in front of him and a...
The image shows a man in a suit and tie sitting at a table with microphones in front of him and a banner in the background. He appears to be making a statement, likely in response to the recent news that China's President Hu Jintao has been accused of sexual harassment.

Malaysia's Tougher Laws Reshape Workplace Sexual Harassment Protections

Malaysia has strengthened its laws against workplace sexual harassment in recent years. New legislation, including the Employment (Amendment) Act 2022 and the Anti-Sexual Harassment Act 2022 (ASHA), introduced stricter penalties and clearer procedures for handling complaints. These changes came after growing concerns about the impact of harassment on employees and workplaces across the country. The push for reform gained momentum following a landmark Federal Court ruling in Mohd Ridzwan bin Abdul Razak v Asmah bt Hj Mohd Nor. The decision classified sexual harassment as a serious offence and employment misconduct, setting a legal precedent for stricter enforcement. In response, the government repealed Section 81G of the Employment Act (EA), extending protections to all employees, regardless of income or contract type.

Under the updated laws, employers now face tougher obligations. Part XVA of the EA requires companies to display notices informing staff about sexual harassment policies. They must also investigate complaints within 30 days or risk fines of up to RM 50,000 for non-compliance. The Director General of Labour holds the power to order inquiries if employers fail to act. The impact of these changes became clear in the years following implementation. Reports of workplace sexual harassment rose by roughly 40%, from 1,200 cases in 2022 to 1,680 in 2024, according to the Ministry of Human Resources. Despite this increase, conviction rates stayed below 15%, largely due to difficulties in gathering evidence and persistent underreporting. A 2025 government review highlighted these ongoing challenges. The scale of the problem was further exposed in a Women's Aid Organisation survey. It found that 62% of 1,010 Malaysian women had experienced harassment at work. The ASHA 2022 also established a dedicated Tribunal for Anti-Sexual Harassment, allowing anyone—not just employees—to file complaints. This move aimed to broaden access to justice and encourage more victims to come forward. The 2023 amendments to the EA went even further. They expanded protections, increased penalties, and clarified employers' duties. Companies now have a legal responsibility to prevent harassment and take corrective action, including suspension, demotion, or dismissal of offenders.

The legal reforms mark a significant shift in Malaysia's approach to workplace sexual harassment. Employers now face stricter deadlines, higher fines, and greater accountability for handling complaints. While reported cases have climbed, low conviction rates suggest that challenges in enforcement and reporting persist.

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