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Anti-Workplace Harassment

Anti-Workplace Harassment


Objective

The company committed to provide safe, healthy and harassment free work environment for all employee. Every employee should be treated with utmost respect, dignity and free from all forms of humiliation and harassment. The company will not tolerate discrimination and harassment of any kind at work and seek to prevent, correct and discipline behavior that violate this policy.


This policy is developed with objective to:

a. Provide a mechanism to prevent and eradicate sexual harassment at the workplace; and

b. Educate our employees to recognize the harassment in the workplace; and

c. Ensure adequate procedures are available to deal with the problem and prevent its

occurrence and recurrence.



Scope

All employees of Opulent regardless of their positions, gender or status are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur.



Term / Definitions

Harassment is referring to any inappropriate or unwanted behavior, physical or verbal (or even suggested), that makes an employee feel uncomfortable, humiliated, or mentally distressed.



Type of Harassments

Following types of harassment are intended to be guidelines in the workplace that may include:-

  1. Discriminatory Harassment

    It is a violation of Opulent’s policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person's race (including hairstyle/texture), color, national origin, age, religion, disability status, sexual orientation, gender identity or expression, genetic information or marital status.


  2. Physical Harassment

    An act where someone inappropriately touches you against your will. Physical harassment in the workplace is also known as workplace violence. Physical harassment behavior intimidates, embarrasses, threatens, and makes the victim uncomfortable. Common behaviors include Physical attacks (hitting, shoving, kicking), direct threats of intent to inflict harm and threatening behavior (shaking fists angrily).


  3. Power Harassment

    A form of harassment and workplace bullying in which someone in a position of greater power uses that power to harass or bully a lower-ranking employee. It includes a range of behavior from mild irritation and annoyances to serious abuses which can even involve forced activity beyond the boundaries of the job description.


  4. Psychological Harassment

    Also known as emotional or mental bullying, includes unwarranted hostile

    behavior, verbal threats, intimidating actions and aggressive gestures made toward another employee.


  5. Sexual Harassment

    As defined in the Employment Act 1955 ("EA 1955") as "any unwanted conduct of a sexual nature, whether verbal, nonverbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment." The following are examples which may come within the definition in the EA '1955:'


    (a) Making indecent or derogatory jokes about a colleague of the same/

    opposite gender;

    (b) Touching a colleague's thighs;

    (c) Constantly asking a colleague out on a date despite being rejected multiple times.


  6. Verbal Harassment

    Refers to non-physical harassment that makes other employees feel less comfortable, humiliated, threatened, or intimidated, which includes making inappropriate jokes, remarks, teasing, or asking sexually related questions.



Responsibilities

  1. Employees are responsible to work in a manner that prevents harassment in the workplace and are expected to act in good faith while reporting any harassment case.

  2. Employees who observe or believe they are subject to any workplace harassment should stop the unwelcome conduct immediately. Should the unwanted conduct persists, he or she should report such incidents as soon as possible through, including but not limited to their immediate supervisor, department heads or HR department. In case that the employee is uncomfortable to confront the harasser directly, he or she should report the incident immediately.

  3. Supervisor and department heads shall deal expeditiously and fairly when they have any knowledge of harassment within their departments and take all complaints or concerns of alleged or possible harassment seriously no matter how minor or who is involved.

  4. HR personnel is responsible to ensure the consistency of application through all necessary stage and to provide guidance to department heads, employee and any other relevant personnel.



Procedure of Making a Disclosure


Process Flow

  1. Victimized employee to inform the harasser to cease the alleged harassment immediately and keep all the incident recorded.

  2. Should the unwelcome harassment conduct persists, victimized employee to direct report the case to, including but not limited to their immediate supervisor, department heads or HR department or through following anonymous reporting channels:-


a. Google form through Web link web form or

b. QR code scanning on RBA policy badge


  1. Upon receipt of the official complaint, HR department to investigate into the complaint within five (5) working days by recording statements in writing from:-


a. Complainant;

b. Alleged harasser;

c. Witnesses


  1. Both the complainant and alleged harasser shall be given equal opportunity to tell their sides of the story and to substantiate with their own witness, proof or evidence of the harassing conduct which includes conversation through emails, any instant messaging platform, photographs, CCTV footage or any other proof that support their statement of fact.

  2. Upon completion of the investigation, and if the misconduct of harassment is proven, the possible punishment to be imposed on the accused employee could be depending on the circumstances surrounding the matter and the seriousness of the matter as follows:


    a. Dismiss an employee without notice

    b. Down grade the employee

    c. Impose any other lesser judgment as employee deem just and fit, and where the punishment of suspension without wages is imposed, it shall not exceed a period of two (2) weeks.


  3. In the case that the accused employee manage to prove the case against

    harassment allegations and found not guilty, the case may be observed as false accusation, appropriate disciplinary action shall be taken against the complainant.


Confidentiality

All complaints and investigation are treated confidentially to the extent possible and information is disclosed strictly on a need-to-know basis. Identity of complainant only to be revealed to the parties involved during investigation, and HR manager will take adequate steps to ensure that complainant is protected from retaliation during and after investigation.


Disciplinary action shall be taken if anyone found to have intentionally disclose information pertaining complaint raised without approval.




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