Theoretical Foundation Of Sexual Bribery At Workplace: A Social Legal Perspective

Sexual Bribery is most commonly known as quid pro quo sexual harassment that is when a co-worker or supervisor offers an incentive for engaging in sexual relations with them or another employee. The common incentives in exchange for sexual favours includes promotion, wage raise, positive performance review or good recommendation, and special treatment in the workplace. This paper presentation dwells on the theoretical foundation of sexual bribery at workplace. The investigation will examine how conformity to gender norms on masculinity create risk of sexual harassment to women workers particularly. However both sexes are exposed to be sexually harassed via this form of sexual harassment. Power and power relations have substantial influence in organizational theories, place female workers in awkward positions to resist sexual advance. This is because economically they are dependent on their male supervisor as the supervisor coerces the employee's to submit to his/her sexual demands and subjecting her/his employment to that submission. This research paper also sought to explore the manner in which quid pro quo plays a role in effecting sexual advances between male supervisor and female worker. Having employed various peer-reviewed articles, books, dissertations and internet journals on sexual harassment as a methodology, the other aim of this paper was to highlight the detrimental effects of sexual bribery on the psychological aspects of females in the working organization. The findings revealed that victims of sexual bribery suffers the threatened harm or remains submissive to avoid victimization. Understanding the theoretical mechanisms behind this relationship would be helpful to structuring policy initiatives. This study also supported theories that sexual bribery at workplace- harassment of women is not rooted in sexual desire, attraction, or romance. Instead, these are considered behaviours used to penalize gender- non-traditional women, or those who are seen as “weak and deviant” worker by their superior

Acknowledging The Third Gender: Khunsa

The terms Khuntha is not new in this era. It describe a human being who was born with natural differences in their sex anatomy and who’s biological cannot be classified either as a male or female. A Khuntha may have biologically attribution of both sexes or in some cases was lack in the biological attribution that makes it difficult to determine whether they are male or female. A Khuntha differs from a Transvestite or Transgender. Transvestite or Transgender are persons whom had deliberately alter their own anatomical character to the opposite. Currently a Khuntha faced challenges either in the society and/or in law. They are marginalized into an edge that had cause distress to their mentality as their privacy and right had been jeopardized. Many human right instruments only protect the right of male and female but failed to identify the right of a Khuntha. But even if their rights are explicitly stated in the law, it’s still difficult for a Khuntha to enforce those rights. A khuntha faced a lot of discrimination in all aspect of life and was subjected to homophobia

Sexual Harassment Hostile Environment: An Occupational Safety And Health Legal Implications

In legal terms, sexual harassment is any unwelcome sexual advance or conduct that intimidate, hostile, or offensive to the work environment. In fact, sexual harassment ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography (creating a hostile work environment) to sexual assault. Most often sexual harassment takes the form of men harassing women, but it can also be conducted onto men and between sexes. Superiors or coworkers who discriminate employee on basis of sex can be a form of sexual harassment when the act is not welcome by the employee. Sex discrimination is prohibited in every aspect of the employment relationship, from hiring, interviewing, and starting salaries to promotions, benefits, job responsibilities, firings, and layoffs. In Malaysia, sexual harassment can be seen as civil and criminal offences depending on what are the victim claims. As an employee the employment Act 1955 (amendment 2012) provide some improvements to Sexual harassment prevention at workplace. Complaint relating to sexual harassment can be made (i) by an employee against another employee; (ii) by an employee against any employer; or (iii) by an employer against an employee. These provision place a duty not only on the employer but the Director General and Minister of Human Resources to conduct enquiry into the Sexual harassment allegation. This paper will dwell on (a) the sexual harassment that cause the hostile environment, such as sexual discrimination and offensive pornography; (b) to determine how women become victimize (c) complaint procedures to prevention of sexual harassment at workplaces and, (d) the legal and economic implications because of the sexual harassment conducted on the victims

Employer’s Right And Liability Towards Migrant Worker’s Occupational Safety And Health In Malaysia

Malaysia is among the countries that use the services of many migrant workers in various work sectors. The rapid growth of the country that strived to be a developed country opens up many opportunities for migrant workers to come to work in Malaysia. The nature of the work performed by migrant workers usually involve high accidents risk work, in sectors such as construction, forestry, manufacturing and plantation. Their work involve heavy machinery, huge difficult to control instruments that may lead to accident risk. The cause of the accident may not only involve employees’ negligence but can also involve negligence on the part of employers. Unfortunately, when an accident occurred workers may be injured and died because of unexpected negligence and unsafe work systems. Therefore, when injuries or death occurred there are people who have to face legal action, incur criminal liability and are fined accordingly to the damage caused. This paper aims to discuss the employers’ rights and liabilities towards their migrant workers in terms of the occupational safety and health perspectives. These rights are provided in the legal provisions and the employers have responsibilities to ensure the safety and health system are managed and carried out effectively in workplaces. The discussion also focused on how employers’ leadership factors, can ensure safe work culture practiced at workplaces. Finally, remedial measures are suggested to provide rights and responsibilities to the employers to implement them in accordance with the existing legislation. The ultimate goal being to nurture a healthy and safe work culture among migrant workers and employers in Malaysia