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Singapore

Sexual harassment in the workplace in Singapore

Table of contents
  1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?
Singapore
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The Protection from Harassment Act (Cap. 256A) (“POHA”) came into force on 15 November 2014 to protect persons against harassment and unlawful stalking and to create offences and provide civil remedies in relation to the same. On 1 January 2020, the POHA was amended to include protections against and offences in respect of “doxing”, which refers to the act of publishing private or identifying information about a particular individual.

The object of the POHA is not the prevention of workplace or sexual harassment per se, but to provide a statutory instrument protecting persons against harassment in general. 

Section 3 of POHA provides: 

No person shall, with intent to cause harassment, alarm, or distress to another person, by any means -

  1. use any threatening, abusive or insulting words or behaviour;
  2. make any threatening, abusive or insulting communication; or
  3. publish any identity information of the target person or a related person of the target person,

and as a result causing the target person or any other person (each called in this section the victim) harassment, alarm or distress.”

Section 7 of POHA provides that “An individual or entity must not unlawfully stalk another person” and sub-section (3) provides some examples of acts or omissions associated with stalking.

The Ministry of Manpower describes workplace harassment as “behaviour that causes or is likely to cause harassment, alarm or distress to another party” and cites sexual harassment as an example. 

The Penal Code (Cap. 223) also contain provisions relating to offences involving words or gestures intended to insult the modesty of a woman and assault or use of criminal force to a person with an intent to outrage the person’s modesty. 

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

There are no strict legal requirements for employers to take action, but the Government has issued various recommendations or “advisories” to encourage employers to take the initiative in preventing workplace harassment, including sexual harassment. For example, the Tripartite Advisory on Managing Workplace Harassment (“Tripartite Advisory”) contains guidance on the prevention of harassment in the workplace, including a sample harassment prevention policy for use by employers. The Tripartite Advisory also provides useful information on how employers can implement reporting and response procedures as well as guidance on the investigation procedures they can put into practice.

3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?

Since the advent of the #MeToo movement, we have seen an increase in the number of harassment claims cited by our employer clients. These cases tend to come from international clients with offices across the globe and are not confined only to cases involving local employers.

The POHA protects persons against harassment and unlawful stalking, including sexual harassment. Under the POHA, a range of civil remedies and criminal sanctions is available to protect people from sexual and other forms of harassment.

Depending on where an offence lies within the POHA, a person may be liable to a fine not exceeding S$5,000 and/or an imprisonment term not exceeding 6 or 12 months for a first instance offence. Subsequent offences may attract a penalty not exceeding S$10,000 and/or an imprisonment term not exceeding 2 years.

The victim of harassment may also bring civil proceedings against the perpetrator under a statutory tort or seek a protection order from the court in appropriate cases.

The Penal Code provides criminal sanctions against persons accused of outraging the modesty of another person, whether physically or non-physically.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Amber. The #MeToo movement has shone a spotlight on sexual harassment in the workplace and definitely increased awareness of this issue in Singapore – tackling sexual harassment is a high priority for clients in Singapore. 

6. Any other relevant information on workplace harassment?

No.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

No data has been released to-date as to which sectors are most particularly affected by sexual harassment in Singapore.