Harassment Prevention as Corporate Policy: Ensuring Compliance with Singapore’s Protection from Harassment Act – Is your compliance framework ready?

In today’s increasingly diverse and interconnected workplace, ensuring a respectful, safe, and inclusive environment is critical. Harassment, whether physical, verbal, or online, can disrupt operations, harm employee well-being, and destroy a company’s reputation. In Singapore, the Protection from Harassment Act 2014 (POHA) serves as a robust legal framework to prevent and address harassment, set clear guidelines for organizations and individuals. For businesses, compliance with this Act is not just a legal obligation but an essential part of fostering a healthy work culture. In this blog, we will explore the key elements of POHA, its implications for organizations, and how businesses can develop an effective compliance framework to mitigate harassment risks.

Understanding the Protection from Harassment Act

Introduced in 2014, the Protection from Harassment Act (POHA) seeks to combat all forms of harassment, including physical, verbal, and online harassment, by establishing legal remedies and penalties for offenders. The Act protects individuals against conduct that causes distress, harm, or alarm, such as:

• Harassment: This includes verbal abuse, threats, and abusive behaviour aimed at causing distress or fear.
• Cyberbullying: Online harassment, including sending offensive or threatening messages, and spreading false information.
• Stalking: Repeated and unwanted contact or surveillance of an individual that causes them fear.
• Defamation: The spreading of false information with the intention of damaging someone’s reputation.

The Act provides for the establishment of Protection from Harassment Courts where the victim may seek redressal of his/her grievances. Here’s a brief overview of the remedies available:

• Suit for Damages: The victim may bring a civil proceedings in the court against any individual or entity who has contravened any provision of this Act seeking damages.
• Protection Order: The victim may apply to the court for a protection order from further harassment or threats by prohibiting the harasser from continuing such behaviour. The court may order the offender to remove any material or stop publishing any material causing harassment to the victim. The court may also expedite a protection order in case of imminent danger or threat.
• Stop Publication Order:  A stop publication order directs an offender to stop publishing any false statement and also prevents the publication of similar statements. The may also direct an offender to correct any statement or disable access to users to such content.
• Criminal Sanction: Apart from civil remedies the Act also provides for punishments and fines for offences like stalking, threatening, or abusive communication. Offender may face enhanced penalties in case of repeated offences or committing offence against any vulnerable person.

While the Act primarily targets individuals, organizations can also be held liable if they fail to take reasonable steps to prevent harassment within the workplace. Ensuring a harassment-free environment and protecting employees from harmful behaviours, both online and offline, is thus integral to legal compliance.

Why implementing measures on preventing workplace harassment is important?

Harassment within the workplace can lead to severe consequences. In Singapore, the Protection from Harassment Act (POHA) may not directly obligate any business to implement anti-harassment mechanism at the workplace, but they may be held vicariously liable for acts committed by their employees. The Act provides punishment not only for offence committed by an individual but also for offence committed by an entity. Further employment laws in Singapore impose a legal obligation on employers to provide a safe working environment.

Not having an anti-harassment mechanism may also adversely affect

1. the mental and emotional health of employees.

• the reputation and trust of the company making it more difficult to attract talent, retain employees, and maintain business partnerships.

How is workplace harassment dealt with in other countries?

Countries around the globe have implemented various laws, frameworks, and policies to address the issue of workplace harassment. While the approaches differ, the ultimate goal remains the same: to create a harassment free work environment. The table illustrates the policies adopted by different countries to combat harassment.

Points	USA	UK	India	Malaysia
Law	Title VII of the Civil Rights Act of 1964	Equality Act 2010	Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 [POSH]	EMPLOYMENT ACT 1955
Redressal Mechanism	Sexual harassment claims can be filed with the Equal Employment Opportunity Commission (EEOC).	Employees who experience sexual harassment can file a complaint with an Employment Tribunal or seek compensation for damages.	Complaints can be made to the internal committee of the employer or to the Local Committee.	Complaints can be made to the internal authority of the employer or to the Department of Industrial Relations
Employer Responsibility	Employers are legally required to establish and implement anti-harassment policies, including clear reporting channels. Employers must take reasonable steps to prevent harassment and address it promptly if it occurs.	Under the Equality Act, employers are required to take reasonable steps to prevent harassment and deal with complaints effectively. This includes having clear anti-harassment policies, training staff, and investigating complaints promptly.	Employers are required to provide a safe working environment, including setting up the ICC, implementing an anti-harassment policy, conducting training, and ensuring that complaints are dealt with promptly and confidentially.	Employers are legally bound to establish a workplace harassment redressal mechanism and inquire into the complaints made by their employees.

How to prevent workplace harassment?

To ensure compliance with the Protection from Harassment Act, businesses should develop a robust harassment prevention policy. Here are the key elements that should be included in an effective compliance framework:

1. Clear Anti-Harassment Policy
2. Training and awareness programs for employees
3. Clear reporting mechanism
4. Prompt and fair investigation process
5. Support for affected employee
6. Regular monitoring and review.

Refer to https://www.tal.sg/tafep/-/media/TAL/Tafep/Employment-Practices/Files/Tripartite-Advisory-on-Managing-Workplace-Harassment_2015.pdf for a detailed guidance.

Conclusion

Compliance with Singapore’s Protection from Harassment Act is a fundamental responsibility for every organization that prioritizes its employees’ safety and well-being. The Government’s intent to give legal sanction to the implementation of anti-harassment mechanism at the workplace by introducing the Workplace Fairness Legislation in Parliament makes it essential for businesses to comply with the same.

Written by: Debashis Banerjee

Co-authored by: Antara Dasgupta & Swapna Umakanth

Disclaimer

The information provided on this blog is for general informational purposes only and is not a substitute for professional legal advice. We are not a law firm and are not authorized to practice law in your jurisdiction. Laws and regulations are complex and constantly changing, and information that may be true in one jurisdiction may not apply in another. Before acting on any information you read here, you should consult with a qualified lawyer practicing in the relevant jurisdiction for your specific legal issues or concerns. While we strive to provide accurate and up-to-date information, we make no guarantees that the information on this blog is completely current or error-free. We disclaim any liability for any actions taken or not taken based on the information on this blog.