Introduction Sexual harassment is one of the most common forms of violation of a person's body and dignity, but it is still

not really being exposed. Nowadays, many people aware of the phenomenon of sexual harassment as a legitimate workplace issue. Sexual harassment means any unwelcome verbal, non-verbal, visual, psychological or physical conduct of a sexual nature that might, on reasonable grounds, be perceived by the victim as placing a condition of a sexual nature on his or her employment because of his or her sex. Sexual harassment may also consist of an unwelcome verbal, non-verbal, psychological or physical conduct of sexual nature that might, on reasonable grounds, be perceived by the victim as an insult or humiliation, or a threat to his or her well-being, and has no connection with his or her employment. Sexual harassment in the office includes work related harassment which happens outside the office. Such work related harassment may includes situations taking place at work-related social gathering or functions, conferences, workshop or training sessions and during work assignments outside the office. Sexual harassment in the course of work-related travel is also considered sexual harassment in the office. Where sexual harassment occurs as a result of employment responsibilities or relationship over the phone and through electronic media, it is also considered sexual harassment in the office.

that might, on reasonable grounds, be perceived by the recipient as placing a condition of a sexual nature on her/his employment; or that might, on reasonable grounds, be perceived by the recipient as an offence or humiliation, or a threat to her/his well-being, but has no direct link to her/his employment (Ministry of Human Resources, 1999).

Sexual harassment is not about personal relationships between men and women. Sexual harassment is about abusing of power. Sexual harassment as gender violence and as a violation of human rights is shaped by the distribution of social, political, economic and legal power in which women are still far from neither being empowered nor equal. As women increasingly enter the workforce the ubiquitous nature of sexual harassment in the workplace is a reflection of the unequal power relations in society whereby women are seen as secondary labour.

Categories of sexual harassment There are two categories of sexual harassment, namely sexual coercion and sexual annoyance: i) Sexual coercion

It is known as quid pro qul sexual harassment in the United States. Sexual Coercion is a type of harassment which has direct results in some consequence to the victim's employment. It is employment discrimination. Sexual coercion is under a condition of employment, where an openly or implicitly offer in keeping a job or getting a promotion is made by a supervisor to an employee in exchange for sexual favours. Such person normally has the power over promotion or raise of the employee. In sexual coercion, promotion and favourable job benefits will follow if an employee takes the advantage and consented to sex. On the contrary, if the employee rejects, the job benefits are denied. ii) Sexual annoyance

It is also known as hostile environment sexual harassment. Sexual annoyance is a demeaning and unwelcome sexually related behaviour that is offensive, hostile or intimidating to the victim, but has no direct connection to any job benefits. However, the annoying behaviour creates an offensive working environment which affects the victim's ability to continue working. Sexual annoyance includes sexual harassment by an employee against a co-employee. Similarly, sexual harassment by a company's customer against an employee also falls into this category. Nevertheless, the definition of subjective words like unwelcome, offensive and annoying still leaves for individual interpretation by courts.

Application of the MOHR Code of Practice The efforts taken by the government through Ministry of Human Resources (MOHR) in combating sexual harassment, it is affirmed one way an effective solution. The (MOHR) launched the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace (henceforth The Code of Practice or The Code) in combating sexual harassment especially in workplace. This code to be used as guidelines for a comprehensive in-house mechanism for companies to adopt in their place of work. This is because the essence of this code is very timely in ensuring the safety protection of workers from sexual harassment. Even though the code in not compulsory for every organization, but it is still a high demand in each of the organizations work in Malaysia. Because this code is a very effective to workers in avoid trapped in sexual harassment. 2

Workers used these codes of practice as a policy statement prohibiting sexual harassment in the organisation. Thus, each organisation should be applying these codes to ensure the safety of employees. The existence of this code also, an enabling them to make complaint or grievance about sexual harassment in workplace. This code also make a disciplinary rules and penalties against harasser and against those who make false accusations. It is like law towards a workers in workplace. As well a protective and remedial measures for the victim which a part from these essence of code. In this code also describes about to make promotional and educational programmes. It is to explain the companys policy on sexual harassment and to raise awareness of sexual harassment. This is effective essence because can make special training programmes to all staff in workplaces about the importance of the dangers of the sexual harassment. That study shows 35 percent of the 1,483 respondents surveyed reported that they had experienced on or more forms of sexual harassment in their place of work. It is clear for our that the sexual harassment are easily happen in workplace. From 35 percent are the most common form of harassment encountered was verbal. Based on that study, female are more vulnerable to the dangers of sexual harassment than male. And most of them from younger cohort. We strongly agree because, the younger especially female likes to dress sexy at workplace. Cause that, the risk of sexual harassment was so large for them than male. The impact viewed because it was found that most of the victims of sexual harassment, irrespective of whether they lodged formal complaints, encountered adverse consequences in the workplace. Then the effect to them like stress at work, as well as emotional and psychological trauma. Hence, we viewed this code are very important for any organization, to avoid the incidence and impact sexual harassment which large of workers like discus at that study. Each organization should be apply this code and make it a law in the workplace. Turned to the percentage of that study about women more faced sexual harassment than men, women rate a wider variety of sexual behaviours at work as sexual harassment while men tend to rate only the more extreme actions. Often, the action like touching hand to men viewed normal than women. For women it is hard to them and assumed that as a sexual harassment, especially touch by men. However, men normally touch on a woman's body is caused seen sexy dress and subsequent to the sexual harassment. Thus, women must comply with the dress code at workplace. That perceptions study about impact sexual harassment should be taken as a guide in making code in the workplace. Cause that the differential perceptions are a nice to be understood by all organizations. 3

We see, the use of the policy should be expanded and disseminated with volume. Based on that study, reported that only 47.6 percent of the total respondents were aware of the sexual harassment policy in their company, reflecting a relatively low awareness of the existence of the policy. Because of low awareness, sexual harassment easily happen at workplace. Thus, each organization must be discussion with their an employee as contained in Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace by (MOHR). The important thing in an implement this code, must be exist the commitment of the top leadership in ensuring that the policy is disseminated and understood by all the staff. Effectiveness about the Code of Practice be enhanced by a good implementation. If not, the essences of these code will not help workers within to face of sexual harassment. For example, complaints lodged not up to the authorities in addressing and problem solving in the sexual harassment. We agree with that study because lack of counselling facilities available to both the complainant and the perpetrator. Furthermore several companies do not have trained counsellors to handle sexual harassment complaints although they speak of the need for counselling. When this situation it is happen, delivery of the complaint is not effective and giving a bad problem to victim. Thus, the implementation about this situation must be change and proactive in order to giving benefit and solving problem to victim. Each company or organisation uses this code must be ensure that they would maintain confidentiality regarding sexual harassment reports and would protect the complainant, concrete and clear measures are not spelt out. The whole of that study emphasizes that the use of this code is affective in control and overcoming the problem of sexual harassment. But for us, the matter has not been able to fully overcome if every an employee does not understand that code. Therefore, the implement of this code should be thoroughly. The essence in that code as promotional and educational programmes must be extended to throughout the organization. We suggest within an implement this essence as hold an exhibition and talk about important to protect and avoid than sexual harassment in the workplace by the code of practise had provided by (MOHR). The government through Ministry of Human Resources (MOHR) should be compulsory this code as a legal in organisation or company. For us, sexual harassment is one big problem which made causing violent criminal. In the organisation or company, have established a special department to monitor and control the occurrence of criminal offense like sexual harassment. Therefore, enforcement can be carried out effectively. Based on that study, most of the informants interviewed were of the opinion that legislation was important if 4

the Code of Practice were to be more effective and to be taken seriously by employers and employees alike. So, each company will giving benefit than use these code as a one policy in their organisation. In addition, we suggest in order Ministry of Human Resources (MOHR) create one an evaluation test of the moral and work code within ensure that every an employee is always positive and proactive in working field. Problems such as sexual harassment will be avoided. But these matters need a comprehensive implementation of each organization to be more uniform. It is to find and looks each employee which chosen to work stands with a good integrity. This suggestion can also be included in the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace provided (MOHR). So, this policy strengthen within to control and protect workers than had sexual harassment at workplace. Indirectly, these suggestion to increase an employee awareness of the dangers of sexual crimes, whether at workplace or outside.

Important To Make Code of Practice to Be More Effective As the first official definitive document by the Government to address the problem of sexual harassment, the Code sent a clear message that sexual harassment is unacceptable. It's was influential in creating awareness that sexual harassment violates a person's dignity and safety. It gave victims, mainly women, a sense of hope that their sexual harassment complaints would receive redress. It also gave them the courage to speak out against sexual harassment. But, the Code stops short of compelling employers to adopt it. Nor does it provide details on grievance procedures to be adopted when dealing with sexual harassment complaints and it also happened when it comes to the crunch, there is no redress. This is also the frustration of dealing with the Code of Practice. It is only a voluntary code and cannot be enforced. That means it need not be implemented and at worst can be ignored. Plus, women continue to lose their jobs, promotions, raises or other employment opportunities and benefits because of sexual harassment by supervisors or co-workers. Trade unions and women's groups have called for laws specifically to combat sexual harassment at the workplace since the 1980 and they overwhelmingly support legislating against sexual harassment. Legislation on sexual harassment must address two fundamental points. Firstly it must require employers to pro-actively prevent sexual harassment and secondly, it must provide victims of sexual harassment with meaningful access to legal redress.

The Need for Prevention Nowadays, most employers in Malaysia have little experience in dealing with sexual harassment complaints; do not have effective policies or complaint procedures for addressing sexual harassment, and even fewer provide training or other information on sexual harassment to employees. There is clearly giving the bad impact when most of the employers have lack of experience in dealing with sexual harassment complaints. To deal with this cases of the sexual harassment, all parties must take it seriously whether employers or employees to facing this sexual harassment cases and must got the knowledge how to handle and solve this problem when it occur. As a result, chances of harassment occurring are reduced when everyone is aware of the rules. Legal Redress The essence of legislation is its ability to compel employers to abide by a standard process in handling sexual harassment complaints. It ensures that the procedures are transparent, fair and just and that all parties are held accountable for their behavior. In the meantime, all complaints should be investigated. Effective procedures reduce the need for "self-help" measures. At the other hand, when harassment goes unchecked, victims may resort to external agencies like the police, the labor department, service bureaus and the media in the hope of stopping the harassment thereby making public the complaints to the employer's detriment and embarrassment. Plus, individuals may try to stop the harassment by intervening on the victim's behalf in ways that may pose risks to everyone, including physical violence. So, the complaint procedure should also provide for effective remedies, including counseling and protection against retaliation for victims and witnesses.

Law in Malaysia to Deal Specifically with Sexual Harassment There is only one law in existence that comes close to dealing with the issue of sexual harassment in Malaysia - Penal Code, section 509.

The Penal Code, section 509 provides that: Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibit any object, intending that such word or sound shall be heard, or 6

such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both.

This existing law deals more with physical aspects. Sexual harassment cases are currently handled by the police and claims are made under the Penal Code, section 509. Nevertheless, the Industrial Relations Act 1967 may be amended to provide for action against sexual harassment perpetrators. This amendment is to curb sexual harassment. In the meantime, the Ministry of Human Resources is using its influence to encourage employers to adopt the Code of Practice against sexual harassment and an internal mechanism to prevent sexual harassment at the workplace. This code was introduced in 1999. The Code of Practice outlines the statement of purpose, legal definition of harassment, descriptions of behaviour that constitutes harassment, how employees should handle harassment, how the company handles complaints, what kind of disciplinary action and name and phone numbers to lodge a complaint. Majority of businesses in Malaysia do not have any form of policy against sexual harassment.

Remedial Measures An individual victim has every right to protect herself from any form of harassment. However, in dealing with cases of sexual harassment at the workplace, there are many factors the victim has to consider; ones reputation, the family, opinion among colleagues, social relationship, and also the job itself. Any adverse publicity is bound to bring irreparable psychological damage to the victim. Therefore, great care and caution should be taken in finding solution to the problem. If the harasser is a colleague, the following steps may be taken by the victim: i) ii) tell him at the very first instance that you are not amused with his behaviour and warn him not to repeat it; but keep your cool avoid losing control of your emotions or temper and do not throw tantrums and straightforward manner iv) do not show him that you are afraid of or intimidated by him in any way v) if you know others who are also victims of this particular harasser, get them together and give him a tongue-lashing, outside office hours. 7 iii) should he repeat his action, give him a second and final warning in a plain

vi) if his actions persist, take up the matter with your boss or report him to his boss vii) if the problem still persists, make a written complaint to the Personnel Manager and at the same time refer the matter to the union, if you are a union member. viii) if as a last resort, the matter is reported to the police, they can take action against the harasser- PENAL CODE- SECTION 509 If the harasser is your own boss or a senior member of the management staff, the situation may be a bit more complicated and the whole matter has to be dealt with delicately and diplomatically. However, the preventive actions to be taken are more or less the same as stated above.

Conclusion Prevention is the best tool for the elimination of sexual harassment. Thus a good training program will prepare workers to recognize sexual advances and developing strategies to deal with them. Hence training programs might best be utilized as a catalyst and intervention in removing harassment from the workplace. Finally it is not the sole responsibility of the management but also the employees responsibility to speak up and not allow them to be victimized. Meanwhile it is also the societys moral responsibility to involve in the awarenessraising sexual harassment programs. In sum, there should be concerted effort by governments, employers, employees and women's organizations to help to create zero tolerance towards sexual harassment at workplace. Legislation alone however will not result in the eradication of sexual harassment at thecworkplace without a more comprehensive action plan. There needs to other efforts like education, training and outreach programmes. Many women still think that sexual harassment is the price that must be paid for mobility. So they suffer in silence and lose out on performance and productivity. This way employers as well as employees are affected.