HR, Here's the Impact of UU PKS on Protecting Female Worker

HR, if you are currently not aware of the protection for your workers regarding the risk of sexual harassment in the workplace, then now that the Act on the Criminal Act of Sexual Violence is official, it's time to uphold goodness in your organization.

Does the TPKS Law have an impact on the workspace? Yes, very impactful! Along with the official promulgation of this new law, the Ministry of Manpower and Transmigration's Guidelines for the Prevention of Sexual Harassment in the Workplace, which was previously only a "circular letter" and "recommendation", are now also being discussed by the ministry to have legal force that is legally binding. Moreover in 2022, it will be inaugurated.

As an HR, especially if you have lots of female employees (although similar risk can also haunt male workers) you should be alert. Everyone, regardless of gender, has the same risk of sexual harassment and one of the spearheads to protect the employees is the HR team.

Let's understand it first. According to the Ministry of Manpower of the Republic of Indonesia, what constitutes sexual harassment?

1. Physical harassment includes unwanted touching leading to sexual acts such as kissing, patting, pinching, glancing or staring lustfully.

2. Verbal harassment includes unwelcome verbal remarks/comments about a person's private life or body parts or appearance, jokes and sexually suggestive comments

3. Harassment cues include body language and/or gestures that are sexually suggestive, repeated glances, finger gestures, and lip licking

4. Written or graphic harassment includes displaying pornographic material, sexual images, screensavers or posters, or harassment via email and other modes of electronic communication

5. Psychological/emotional harassment consists of persistent and unwanted requests and solicitations, unsolicited dates, insults or insults of a sexual nature.

According to the ministry, sexual harassment in the workplace can occur if:
1. The act has the effect of creating an intimidating, hostile or offensive work environment
2. A situation when committed employers, management, supervisors, members of co-management or workers commit or attempt to influence the employment process or conditions of employment or job applicants with sexual rewards.
3. The act is unacceptable to the victim and offensive, so it is a subjective act from the perspective of the recipient.

Let's provide education about this for all workers and keep an eye on it to ensure everyone can work in peace without the risk of sexual exploitation. Contact KPSG to consult this matter further!

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