Theoretical research

Sexual harassment through online environments in the digital workplace

Tran Minh Chien Monday, Oct/27/2025 - 15:29
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(L&D) - This article analyzes the phenomenon of online sexual harassment in the digital workplace from a legal perspective, with a view to identifying common forms of misconduct and assessing the current legal framework, while also highlighting legal gaps in the prevention and handling of such acts.

Abstract: The development of digital technology and the trend of remote working have led to the emergence of online sexual harassment in the workplace. This article analyzes the phenomenon of online sexual harassment in the digital workplace from a legal perspective, in order to clearly identify common behaviors and evaluate the current legal framework, while pointing out legal gaps in preventing and handling these behaviors. Based on comparative research with international law and internal policies of multinational companies, the article proposes legal solutions to improve the Vietnamese legal system in the context of remote working and digital transformation.

Keywords: Workplace safety; ILO Convention 190; digital workplace; remote working; online environment; labor law; sexual harassment.

1. Introduction

Along with the process of digital transformation and the impacts of the COVID-19 pandemic, remote working and the use of online platforms for work have become increasingly common worldwide. In parallel, sexual harassment through online working environments has emerged as a pressing issue, breaking traditional boundaries between the workplace and personal life[1]. Whereas in the past sexual harassment mainly occurred directly in offices or factories, it can now take place anytime and anywhere through emails, messages, social networks, or online meeting applications. Behaviours such as sending unsolicited pornographic images or comments, making suggestive messages after working hours, and using obscene language during video meetings have been increasingly reported[2]. A 2021 survey showed that up to 38% of employees had experienced harassment while working remotely via email, chat, video meetings, or telephone[3]. In the United Kingdom, law firms have warned about the rise in harassment incidents during video meetings and internal chat forums as hybrid working – the combination of in-office and remote work – becomes more widespread[4]. A report by the National Commission for Women in India also recorded a sharp increase in online harassment cases during lockdown periods, due to the lack of behavioural norms in virtual working environments[5]. Clearly, sexual harassment has “crossed the traditional boundaries” to infiltrate the digital workplace, posing new challenges for both the law and enterprises[6].

Sexual harassment not only harms the dignity and psychological well-being of victims but also negatively affects the working environment and labour productivity. In particular, under remote working conditions, victims are often isolated and find it difficult to receive timely support from colleagues or human resources departments[7]. The blurred boundaries between work and private life also complicate the determination of what constitutes harassment and where legal responsibility lies[8]. Many incidents may go unreported because victims hesitate or believe that such acts, occurring outside traditional office spaces, fall beyond the scope of current regulations[9]. From a legal perspective, the key question arises: has the current Vietnamese legal system adequately covered and effectively addressed online sexual harassment in the digital workplace? What legal gaps remain to be filled, and what international experiences can be applied to strengthen the protection of workers?

This article focuses on identifying common forms of online sexual harassment in the digital workplace and assessing the current legal framework governing this issue, primarily in Vietnam but with reference to international law. On that basis, it analyzes the limitations and legal gaps in the existing legislation regarding the prevention and handling of online sexual harassment, particularly in the context of digital technologies. Finally, the article proposes legal solutions and recommendations aimed at improving the legal framework and enforcement mechanisms, including drawing lessons from the International Labour Organization (ILO) Convention and progressive internal policies adopted by global corporations. Through an in-depth academic approach, the article seeks to provide a multidimensional perspective and concrete proposals for building a safe, civilized, and harassment-free digital working environment.

2. Indentifying online sexual harassment in the digital workplace

Sexual harassment in the workplace has long been recognized as a form of gender-based discrimination that violates the lawful rights and interests of employees and is prohibited by law in many countries[10]. The term generally encompasses two main forms: (i) quid pro quo harassment – when a person in a position of power suggests or coerces sexual favours in exchange for employment benefits; and (ii) hostile work environment harassment – when repeated or severe acts of harassment create an intimidating or offensive working environment for the victim[11]. In the digital context, these existing forms of sexual harassment have not disappeared but have instead transformed into online forms with the aid of technology.

Researchers refer to this phenomenon as technology-facilitated sexual harassment (TFSH) to emphasize that it constitutes a new form of sexual violence linked to the rise of the Internet and digital platforms[12]. TFSH is defined as unwanted sexual attention directed at a victim through technological means - such as messages, images, emails, or online forums - without the victim’s consent[13]. In essence, online sexual harassment still targets real individuals, with the same content and intent as face-to-face harassment, differing only in the medium through which it is conveyed. Due to the relative anonymity and “online disinhibition effect,” perpetrators may feel emboldened to send harassing messages, believing they are less likely to be detected or sanctioned[14]. This phenomenon disproportionately targets women: studies show that women - especially younger women - experience TFSH at significantly higher rates than men[15]. For instance, a survey in Canada found that 53% of female university students had experienced online sexual harassment[16]. Similar findings have been reported in many other countries, sounding the alarm that a large proportion of young female employees face a high risk of online harassment when entering the labour market[17]. One contributing factor lies in gender power relations: in societies where gender inequality persists, the digital environment can be exploited as a “grey zone” for committing acts of harassment without adequate oversight or timely sanctions[18].

In the digital workspace, online sexual harassment manifests in various specific forms of behavior. The most common are verbal or written acts conducted via online communication channels - for example, sending emails or chat messages containing sexual or pornographic content; making obscene comments about a colleague’s appearance or personal life in company chat groups; or persistently sending flirtatious or suggestive messages despite explicit refusals from the recipient[19]. Harassment may also occur during virtual meetings: the perpetrator deliberately makes sexually explicit remarks or inappropriate questions in a video conference, or takes advantage of the “you’re at home” situation to request video calls at inappropriate hours for personal purposes[20]. In addition, there are cases of sharing sensitive images or videos - for instance, sending pornographic pictures to colleagues, “joking” with obscene memes or stickers in group chats, or even “hijacking” shared screens in Zoom meetings with explicit content, a type of harassment known as “Zoom-bombing”[21]. More subtle cases include online stalking or sexual advances through personal social media accounts: supervisors or colleagues connect on Facebook or Zalo and then send suggestive messages after working hours, post inappropriate comments on personal posts, or create pressure on victims even outside work applications. Although such actions may individually be dismissed as “harmless jokes,” when repeated or serious in nature, they can create an unsafe and hostile work environment, causing fear and distress comparable to in-person harassment[22].

The consequences of online sexual harassment for employees are severe. Studies have shown that victims may experience psychological trauma symptoms such as depression, anxiety, and prolonged stress, comparable to or even more serious than those caused by face-to-face harassment[23]. In particular, remote workers often have to face harassment alone through a screen without any immediate support mechanisms - they cannot seek help from nearby colleagues or protect themselves as in a physical workplace[24]. Many women have reported feeling unsafe even in their own homes when having to attend virtual meetings with harassing colleagues, or feeling anxious every time they open their work email inbox fearing vulgar messages[25]. Some victims experience mental breakdowns, decreased productivity, and even quit their jobs to escape such behavior[26]. Therefore, online sexual harassment in the digital environment is essentially a spatial extension of workplace sexual harassment, requiring appropriate legal and managerial responses based on accurate understanding and recognition of its nature.

3. The current legal framework on the prevention and combat of online sexual harassment

3.1. Vietnamese Law

In Viet Nam, for a long time, sexual harassment in the workplace had not been specifically regulated, which caused difficulties in law enforcement and handling of related cases[27]. It was only with the promulgation of the Labour Code 2012 that the concept of sexual harassment was mentioned, albeit indirectly. However, the Labour Code 2012 merely prohibited sexual harassment without providing a clear definition, a specific mechanism for handling such acts, or including sexual harassment among the legal grounds for employee dismissal[28]. Consequently, many enterprises lacked a legal basis for disciplining perpetrators, while victims found it difficult to demand appropriate sanctions. Recognizing this legal gap, Viet Nam labour law made significant progress with the promulgation of the Labour Code 2019 and its guiding instruments, which, for the first time, established a more comprehensive legal framework for the prevention and handling of sexual harassment in the workplace.

Notably, the Labour Code 2019 provides a specific definition: “Sexual harassment in the workplace means any sexual act of any person towards another person in the workplace that is unwanted or unconsented by that person”[29]. At the same time, the concept of “workplace” (nơi làm việc) was expanded to cover “any place where the employee actually works as agreed or assigned by the employer.” Thus, the law now encompasses locations and circumstances beyond traditional office settings, as long as they are related to work - including remote and online working environments. More specifically, Decree No. 145/2020/NĐ-CP of the Government, which provides detailed guidance on the implementation of the Labour Code 2019, enumerates that sexual harassment may take various forms - from solicitation, requests, or threats of sexual exchange for benefits, to other sexually motivated behaviors that, even without an exchange purpose, create an uncomfortable or unsafe work environment and adversely affect the victim’s health, psychology, or work performance[30]. The Decree also emphasizes that sexual harassment includes physical, verbal, and non-verbal acts (for example: pornographic gestures or body language, or displaying sexually explicit images and materials)[31]. Importantly, this regulation expands the scope of the “workplace” in concrete terms, covering all work-related social activities, meetings, trainings, business trips, meals, phone conversations, electronic communications related to work, company-arranged transportation, and any other location designated by the employer. This demonstrates the clear intent of Viet Nam lawmakers: the digital workspace and online communication channels are officially recognized as part of the “workplace,” and any acts of harassment occurring therein fall within the scope of labour law regulation.

Parallel to providing definitions and scope, the current Viet Nam labour law has supplemented mechanisms for handling and preventing sexual harassment. The Labour Code 2019 lists sexual harassment as a serious disciplinary violation, allowing employers to dismiss employees who commit sexual harassment in the workplace[32]. This represents an important development compared with the Labour Code 2012, resolving the previous difficulty of dismissing a harasser when company regulations did not explicitly stipulate it or when specific property damage could not be proven. In addition, Decree No. 145/2020/NĐ-CP requires all enterprises to incorporate anti-sexual harassment provisions into their written Labour Regulations[33]. Accordingly, employers are obliged to issue detailed internal regulations on prohibiting sexual harassment, specifying acts considered harassment, establishing complaint and resolution procedures in case of incidents, as well as corresponding disciplinary measures against violators[34]. This obligation is mandatory, and enterprises that fail to comply may face administrative sanctions. Current regulations (Decree No. 12/2022/NĐ-CP) provide for fines ranging from VND 15 to 30 million for sexual harassment in the workplace and also sanction enterprises that fail to implement preventive measures or fail to address harassment incidents.[35] Importantly, employees who are victims of sexual harassment have the right to unilaterally terminate their employment contract immediately without prior notice[36], protecting them from continuing to work in a mentally hazardous or hostile environment.

Overall, Viet Nam’s labour law framework has essentially recognized online sexual harassment as a prohibited act subject to sanctions if it occurs within the employment relationship. The expansion of the definition of “workplace” to include “communication via electronic means” provides a crucial basis to affirm that acts of harassment carried out through email, chat messages, or video calls are still considered workplace harassment and may be addressed similarly to in-person harassment.[37] However, it should be noted that Viet Nam currently has no separate criminal law provision specifically on sexual harassment.

Harassing acts conducted online, if severe enough to constitute sexual assault, may constitute other criminal offenses, posing dangers to society and affecting the health and mental well-being of employees. Therefore, stricter sanctions are needed to punish offenders and protect victims’ rights. However, “purely” harassing acts at present are mainly handled under administrative sanctions or labour disciplinary measures. Some scholars and judges have proposed including sexual harassment as a criminal offense in the Criminal Code to increase deterrence[38]. This indicates that Viet Nam law is still in the process of refining its approach to sexual harassment, particularly emerging forms such as online harassment.

3.2. International experience and corporate internal policies

Globally, many countries have developed robust legal frameworks and policies to combat sexual harassment in the workplace, including online environments. Studying international examples provides valuable lessons for Viet Nam to consider and illustrates general trends in regulating this issue.

At the international level, ILO Convention No. 190 on the elimination of violence and harassment in the world of work (2019), together with Recommendation No. 206, established the first global legal standards for the prevention of harassment and violence in the workplace. The Convention defines “violence and harassment” to include sexual harassment, and notably expands the concept of the “world of work” to encompass all locations, activities, and communications related to work[39]. Specifically, the scope of the Convention covers: (i) traditional workplaces (offices, factories, etc.); (ii) public and private spaces when used for work; (iii) work-related activities such as business trips, social events, and training; (iv) work-related communication channels, including those supported by information technology; (v) employer-provided accommodation; and (vi) commuting between home and the workplace[40]. Thus, Convention No. 190 clearly recognizes that harassment may occur through digital means and requires member states to establish appropriate preventive measures and sanctions. As of 2025, more than 25 countries have ratified Convention No. 190, including ASEAN countries such as the Philippines. Although Viet Nam has not yet ratified it, the Convention provides an important orientation for Viet Nam to internalize these standards in the future, especially in the context of the increasing prevalence of remote work.

At the national level, many developed countries have established comprehensive legal systems against sexual harassment, generally without distinguishing between physical or online environments - any harassment occurring in the context of a work relationship may be subject to regulation. The United States is a prime example: since the 1980s, U.S. courts have recognized sexual harassment as a form of gender-based discrimination violating Title VII of the Civil Rights Act 1964, allowing victims to file civil lawsuits seeking compensation. Guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC) has been continuously updated to reflect new contexts. Notably, in 2024, the EEOC issued its first Workplace Harassment Enforcement Guidance in 25 years, explicitly including online harassment and harassment in virtual work environments within its scope of application[41]. This means that a remote employee is legally protected in the same way as an on-site worker: if they receive obscene messages, emails, or experience harassment on Zoom/Teams that seriously affects the work environment, they have full rights to file complaints and sue the harasser (and the employer if it neglects its duties) under anti-discrimination law. Online harassment is assessed based on severity or pervasiveness, a standard derived from U.S. case law - that is, a sufficiently egregious act or a repeated series of acts creating a hostile environment constitutes a legal violation[42]. U.S. courts have adjudicated many cases involving harassment via email and online forums. For example, in Blakey v. Continental Airlines, 164 N.J. 38 (2000), the New Jersey Supreme Court ruled that obscene posts about female pilot Blakey on the company’s internal online forum (even outside the office) were considered part of the workplace, and the employer could be held liable if preventive or corrective measures were not taken.[43] The court likened the company’s online forum to a “breakroom bulletin board” - if it serves work purposes and is managed by the company (even indirectly), harassment occurring there is equivalent to harassment in the office[44]. This case alerted U.S. enterprises to the need to expand anti-harassment policies to cover email, forums, and work chats, and to take immediate action when employees are harassed online. Today, most U.S. companies have codes of conduct strictly prohibiting harassment in all forms, including via electronic means, and regularly provide employee training on this topic.

In Europe, the European Union (EU) regards sexual harassment as a form of gender discrimination prohibited under the Workplace Gender Equality Directive 2006/54/EC. EU member states have incorporated sexual harassment into national law, holding employers accountable if they fail to prevent or promptly address harassment. The United Kingdom has recently taken this a step further. In addition to existing law allowing victims to sue and holding employers vicariously liable for harassment, in 2024 the UK enacted the Employment Protection Act, amending the Equality Act to impose proactive obligations on enterprises to prevent sexual harassment[45]. From October 2024, all UK employers must demonstrate that they have taken “reasonable steps” to prevent harassment (including training, clear policies, and mechanisms encouraging reporting); otherwise, courts may increase compensation for victims by up to 25% as a penalty against the company[46]. Although this new provision is primarily preventive and does not create separate litigation rights, it signals a legal trend: rather than reacting only after harassment occurs, the law requires companies to proactively create a safe environment, including in virtual workplaces. Interestingly, draft guidance by the UK Human Rights Commission proposed that preventive obligations should also cover harassment by third parties (e.g., clients), although the final law does not yet allow victims to sue the company directly in such cases[47]. Nevertheless, many other European countries (Sweden, France, Belgium, etc.) have regulations requiring employers to address harassment perpetrated by clients or partners toward employees. This is particularly important in online environments, where a female employee may receive harassing messages from a male partner in another country via work email - without company support, she has little means of self-protection.

In addition to public legal frameworks, corporate internal policies also serve as the first and effective line of defense against online sexual harassment. Many multinational companies have proactively updated their codes of conduct and complaint procedures to reflect the realities of remote work. “Big Tech” companies such as Google, Microsoft, and Facebook, following the #MeToo movement, have revised their human resources policies, explicitly stating that all harassment via email, messages, or corporate chat platforms is prohibited and will be subject to disciplinary action equivalent to in-person harassment. For example, in 2022, Microsoft published a transparency report on harassment and committed to reforming company culture, including simplifying the online reporting process and strictly prohibiting retaliation against complainants, applied uniformly to both on-site and remote employees[48]. Many companies conduct regular training sessions using online scenario simulations, helping employees recognize appropriate behavioral boundaries in digital interactions. Some enterprises also implement technologies to detect sensitive keywords in internal email systems or provide a “Report” button directly on chat and virtual meeting interfaces, allowing employees to quickly report harassment. Naturally, these solutions must balance privacy rights, but the general trend is that the company’s online space should be managed as a “virtual office” where civilized codes of conduct fully apply. In practice, after harassment incidents, many global companies have realized that reputational and financial losses from neglecting harassment are greater than the costs of preventive measures[49]. For example, Uber faced major public relations crises and significant losses after being accused of a culture tolerating harassment, leading the company to implement strong reforms under the motto of building a safe work environment, including a harassment-free remote work culture. In summary, corporate internal policies in many contexts have taken the lead by covering online environments, and national law is increasingly requiring such proactive measures as a mandatory standard (as in the case of the United Kingdom mentioned above).

3.3. Legal challenges and gaps in addressing online sexual harassment 

Although legal frameworks and corporate policies have been adjusted to keep pace with online sexual harassment, practical implementation still presents numerous challenges. First, proving and collecting evidence for online harassment is not always straightforward. Unlike in-person harassment, which may have witnesses or be captured on camera, harassment via messages or emails often occurs privately between the parties. Victims may retain messages or screenshots as evidence; however, the harasser may deny the act (e.g., claiming that the account was hacked or that the messages were manipulated). Verifying the authenticity of digital evidence requires technical expertise, time, and support from specialized agencies. Furthermore, if the communication tool is a third-party platform (such as social media or personal messaging apps), obtaining data from service providers (whose headquarters may be abroad) introduces additional legal complexities. Second, determining jurisdiction and applicable law in cross-border contexts poses a challenge. In remote work, a company may employ staff across multiple countries. If a manager in Country A harasses an employee in Country B online, questions arise regarding which country’s law applies and which court has jurisdiction over the dispute. In principle, employment relationships are generally governed by the law of the place where work is performed or as stipulated in the employment contract. In the example above, if the contract selects the law of Country A but the harassment occurs on the territory (network) of Country B, legal jurisdiction becomes highly complex. Multinational companies often establish internal regulations to handle disciplinary matters, but when a case escalates to litigation, conflicts of international law may emerge. Currently, there is no international treaty directly addressing jurisdiction over sexual harassment; parties may have to rely on general principles such as the place where harm occurred or the defendant’s residence.

Third, there are gaps in the scope of legal protection. Vietnamese labor law (as in many countries) primarily protects employees in formal employment relationships. However, the digital-era workforce is highly diverse: many people work as freelancers, collaborators, service contractors, or within the Gig economy. These individuals may not be considered “employees” under traditional definitions; therefore, if they are harassed by clients or partners while working online, they may have limited access to internal complaint mechanisms or labor law protections. For instance, a female collaborator working online on a project who is harassed by the project manager via messages would not have an employment contract or union support and would fall outside the scope of the Labour Code 2019. This represents a concerning legal gap, necessitating an expanded protective vision to include non-traditional workers. Some countries have taken steps in this direction: for example, Australia enacted the Respect@Work Act 2021, expanding the concept of protected persons to include interns and volunteers, while ILO Convention 190 also refers to individuals working under civil contracts, job applicants, and even former workers who remain protected from work-related harassment[50]. Currently, Viet Nam’s focus remains on formal employment relationships; thus, consideration should be given to extending the scope to cover all situations of sexual harassment arising in digital work environments.

Fourth, corporate culture and social awareness. Although the law exists, enforcement remains limited. Many agencies and enterprises in Viet Nam still do not fully prioritize the development and implementation of anti-harassment regulations. According to an ILO survey, prior to the pandemic, very few Vietnamese enterprises had existing policies or codes of conduct addressing sexual harassment[51]. After the new law was issued, the situation improved, but implementation may still be formalistic. Statistics from the United Kingdom show that only 10% of surveyed financial companies updated anti-harassment policies after transitioning to more online work[52]. In Viet Nam, the figure is likely no better, especially among small and medium-sized enterprises. Employees may not have received adequate training to recognize that an “inappropriate joke” in a group chat can also constitute harassment and that they have the right to report it. Conversely, many victims remain hesitant to report, fearing being perceived as “making a big deal,” particularly when the behavior occurs online, which is often taken lightly. According to UN Women, on average only about one in five victims of sexual harassment at the workplace formally report it[53]. This rate may be even lower for online harassment due to victims’ concerns about proving it and fear of being blamed (e.g., “Why were you chatting privately with him to be solicited?”). Therefore, a “soft” yet significant gap lies in the lack of mechanisms to encourage and protect whistleblowers. Vietnamese law currently lacks clear provisions protecting those who report sexual harassment from retaliation or workplace discrimination. In practice, in some harassment cases, after reporting, victims may be isolated, evaluated poorly at work, or even indirectly forced to leave their jobs. This generates a “silence effect,” causing many online harassment cases to remain unresolved, reducing the deterrent effect of the law.

Fifth, the rapidly evolving technological context also requires the law to be flexible and keep pace. New forms of harassment may not yet be anticipated in legislation. For example, harassment in virtual reality (VR) environments: as more companies use VR for work and communication, if a colleague’s avatar behaves inappropriately toward another’s avatar in virtual space, would it be considered sexual harassment? In 2022, a report documented a case of a woman being harassed in Meta’s Horizon Worlds virtual environment, prompting discussions on “safe zones” for avatars. Vietnamese law currently has no clear answer, but precedents from 2D online environments (such as email and chat) suggest that if the behavior in virtual space causes real psychological impact on the victim and is work-related, it is very likely to be treated as harassment. This illustrates that lawmakers and courts need to be prepared to interpret and apply the law in an open manner to encompass emerging technological situations.

In conclusion, although the legal framework for sexual harassment in digital workplaces has been established, significant challenges remain regarding evidence, jurisdiction, scope of application, and enforcement culture. These gaps require comprehensive solutions, from improving regulations to raising awareness, to ensure that the law effectively enters the digital work life of employees.

4. Recommendations

To effectively address the problem of online sexual harassment in the context of digital work, a comprehensive set of legal solutions is needed, combining the improvement of legislation with strengthened practical enforcement. The following are specific recommendations:

First, improve the national legal framework on sexual harassment: Viet Nam should consider elevating sanctions for serious sexual harassment. Depending on the severity of the act and the consequences caused by sexual harassment, such conduct can be categorized as either an administrative violation or a criminal offense. Administrative violations typically involve behaviors that infringe on personal privacy but do not cause serious physical or psychological harm to the victim, such as unwanted comments, offensive gestures, or inappropriate approaches, and are addressed through administrative measures such as fines or orders to cease the harassment. In contrast, sexual harassment that is severe, causes psychological or physical harm, or involves violent or coercive acts should be criminalized and strictly addressed under the Criminal Code. This distinction can be based on three criteria: (1) the severity of the behavior, (2) the consequences for the victim (psychological or physical harm), and (3) the nature and intent of the act, such as intentionality, recurrence, or threatening characteristics. Criminalizing sexual harassment would better protect victims’ rights while ensuring justice and social safety. Failure to recognize sexual harassment as a criminal offense reflects a lack of seriousness in the law’s prevention of sexual harassment, leading to increasingly severe violations of human rights and non-compliance with international legal standards[54].

Based on this, many experts have proposed adding a criminal offense of sexual harassment to fill the current gap[55]. This offense could cover acts of harassment that are dangerous or repeated, including harassment via electronic means, with corresponding penalties (such as substantial fines, non-custodial rehabilitation, or imprisonment in serious cases, for example, harassment of multiple individuals or causing severe consequences for the victim). In addition, amendments should be made to the Law on Gender Equality or a new Law on the Prevention of Workplace Violence and Harassment could be enacted to establish a unified, long-term legal foundation. A specialized law could clearly define the responsibilities of agencies and enterprises in preventing harassment (for example, similar to the UK’s obligation for proactive prevention) and establish inspection and compliance monitoring mechanisms. Furthermore, the scope of protection should be expanded to include non-traditional workers: service contract workers, interns, volunteers, etc. If they participate in a work environment, they should also be protected from harassment. To achieve this, provisions could be added to the Law on Occupational Safety and Health or relevant sub-law documents, recognizing sexual harassment (including online) as a psychological hazard in the workplace that employers must control for all participants, regardless of contract type.

Second, strengthen enforcement and provide detailed guidance: Competent authorities should issue guidance on the application of the law regarding online sexual harassment. For example, the Supreme People’s Court could promulgate case precedents or resolutions guiding the determination of electronic evidence in sexual harassment cases, as well as the assessment of severity when the conduct occurs online (for instance, whether a crude harassing message is sufficiently “severe” to create a hostile environment). Having case precedents will help judges at all levels confidently apply the law and provide predictability for both employees and enterprises. In addition, the Labor Inspectorate should enhance specialized inspections on the prevention of harassment in enterprises, checking whether the labor regulations have included anti-harassment provisions, how complaint procedures are implemented, and whether incidents are properly documented. These inspections should pay attention to online harassment as well - for example, inspectors could require enterprises to provide evidence that employees have been informed that harassment via email or chat will be handled, and how complaints were addressed if filed. If violations are detected (e.g., no online complaint channel exists), enterprises should be reminded and may be sanctioned according to existing regulations.

Regulatory agencies should also establish a mechanism for periodic reporting on sexual harassment in the workplace, including the number of reported cases, forms of occurrence (direct or online), and the outcomes of handling. A centralized, anonymous reporting system would help the State monitor trends and policy effectiveness, similar to Australia’s national workplace harassment survey conducted every four years[56]. Regular data collection will clarify the situation; for example, if the rate of online harassment rises or accounts for a significant proportion, additional legislative or regulatory actions may be needed.

Third, promote the role of enterprises in a safe digital workplace: Although the law requires enterprises to issue internal regulations, the State can support by providing templates of codes of conduct or specialized handbooks on online sexual harassment. For reference, the 2019 handbook on sexual harassment prevention issued by the Ministry of Labour – Invalids and Social Affairs can be updated to include responses to online harassment and disseminated more widely[57]. Enterprises should be encouraged to organize interactive online training for employees on this topic, for example by simulating email or chat scenarios so everyone can recognize boundaries and appropriate responses. Enterprises also need to establish user-friendly reporting mechanisms: secure online channels (such as dedicated email addresses or web forms) so remote employees can easily submit complaints even if they are not physically at the office. Staff receiving complaints within the company (HR, legal) should be trained to handle them promptly, confidentially, and impartially. An important point is the policy for protecting whistleblowers and witnesses: enterprises should commit in writing not to retaliate or reveal the identity of reporters; violations of this commitment could be subject to internal sanctions. Large companies may consider using technology for prevention - for example, integrating AI to monitor internal communication channels and automatically alert management if harassing language (such as crude sexual terms) is detected. However, this must be done carefully to avoid excessive intrusion into employees’ privacy - applied only to official work channels and not private spaces. Another initiative is to build “ally” networks or on-site support officers: appoint certain staff (such as union officers or team leaders) as points of contact for handling incidents, including remote support via phone or private chat for employees working from home. The goal is to ensure victims do not feel isolated and have guidance on complaint procedures and evidence collection.

Fourth, international cooperation and learning from progressive policies: Viet Nam should consider ratifying ILO Convention No. 190 in the near future to affirm its international commitment on this issue. Although ratification requires careful consideration, the Convention’s content is highly suitable for guiding domestic legal reform, particularly emphasizing the protection of informal sectors and new forms of employment. In addition, Viet Nam can exchange experiences with countries that have successfully implemented online harassment prevention programs. For example, Japan and South Korea, since the 2000s, have had laws and detailed guidance on workplace “Power Harassment” and “Sexual Harassment,” requiring enterprises to bear legal responsibility if they fail to prevent such conduct. These countries have also developed online training materials and multilingual scenario videos for enterprise training. Viet Nam can translate and disseminate suitable materials to domestic enterprises. Moreover, in the context of cross-border work, international law enforcement cooperation is needed: signing agreements or memoranda with major technology platforms (e.g., Google, Meta) to assist in providing information for investigating serious online sexual harassment cases when there is a legal request. Viet Nam should also consider participating in international conventions on electronic evidence to facilitate handling cybercrimes, including online sexual harassment.

Fifth, raise public awareness and promote a culture of respect online: Alongside legal solutions, awareness campaigns are necessary. The message should be clear: sexual harassment in any form - even via messages or screens - is unacceptable and will be punished. The role of media, social organizations, and trade unions is critical in encouraging victims and witnesses to speak up. For example, anonymous consultation channels via hotlines or chatbots can allow victims to seek advice from lawyers or psychologists before deciding to file a complaint. Professional associations should also issue codes of professional ethics regarding digital conduct as voluntary commitments by members. For instance, the banking association can require its employees to pledge not to use work email for harassment purposes. Employees themselves should acquire safe technology skills: know how to block harassers, preserve evidence, report violations on platforms (report abuse), and seek timely support.

In summary, legal solutions should aim to create an integrated ecosystem of law–policy–culture to prevent, detect early, and strictly handle sexual harassment in the digital workplace. Viet Nam already has an initial labor law framework but needs continued improvement, combined with international experience. A safe and equitable digital work environment not only protects employees - especially female workers - but also contributes to improving productivity and workforce quality in the digital economy.

5. Conclusion

The shift to digital workplaces brings many opportunities but also presents new challenges in preventing and addressing sexual harassment in online environments. If left unchecked, this issue can have serious consequences for employees and organizations, hindering gender equality and the healthy development of the workplace in the digital era. Vietnamese law has made significant progress by recognizing and initially regulating sexual harassment, including in online spaces, through amendments to the Labour Code 2019 and related guiding documents. However, a gap still exists between legal provisions and practical implementation. The legal framework needs further comprehensive development - possibly through enacting specialized legislation or adding criminal sanctions - while expanding protection to all workers in the digital economy. Effective enforcement requires efforts from multiple stakeholders: state agencies actively inspecting and providing guidance; courts applying laws flexibly, including recognizing electronic evidence and international precedents; enterprises proactively fostering a culture that rejects harassment both offline and online; and employees confidently asserting their rights. Lessons from advanced countries show that laws are effective only when paired with shifts in societal and organizational awareness and culture.

In the context of Viet Nam’s deepening integration and pursuit of a creative digital economy, building a safe and civilized workplace free of harassment is an urgent necessity. This is not only a matter of legal compliance but also affects organizational reputation, business efficiency, and sustainable development based on a high-quality workforce. The recommendations in this paper - from legal reform and enhanced enforcement to education and international cooperation - should be implemented in a coordinated manner. In particular, Viet Nam could soon explore a roadmap to ratify ILO Convention No. 190 and domesticate its international standards on preventing violence and harassment in the world of work. This would strongly affirm Viet Nam’s commitment to protecting the right to work in a safe, respectful environment for all employees, whether in traditional offices or digital spaces. With joint efforts from legislators, regulatory authorities, enterprises, and workers, it is possible to prevent and combat online sexual harassment, creating a digital workplace that is both respectful and equitable for the present and future.

REFERENCES

1. Labour Code 2012, No. 10/2012/QH13, dated June 18, 2012.

2. Labour Code 2019, No. 45/2019/QH14, dated November 20, 2019.

3. Decree 145/2020/ND-CP, dated December 14, 2020, of the Government detailing and guiding the implementation of certain provisions of the Labour Code on working conditions and labour relations.

4. Convention on Violence and Harassment 2019 (No. 190).

5. Decree 12/2022/ND-CP, dated January 17, 2022, stipulating administrative penalties in the field of labour, social insurance, and Vietnamese employees working abroad under contract.

6. Ministry of Labour – Invalids and Social Affairs, ILO Viet Nam, Handbook on Preventing and Combating Sexual Harassment at the Workplace. Hanoi, (Reference document for enterprises in policy development), (2019).

7. Australian Human Rights Commission, Respect@Work: Sexual Harassment National Inquiry Report (2020), (05/3/2020), https://humanrights.gov.au/our-work/sex-discrimination/publications/ respectwork-sexual-harassment-national-inquiry-report-2020

8. Andrea Boatman, Quid Pro Quo Harassment: What It Is and How To Address & Prevent It, https://www.aihr.com/blog/quid-pro-quo-harassment/

9. Anrows, Technology-facilitated sexual harassment in the workplace: Perpetration, responses and prevention, https://www.anrows.org.au/ project/technology-facilitated-sexual-harassment-in-the-workplace-perpetration-responses-and-prevention/

10.ADZ Law, LLP, Zoom-Bombing and Online Sexual Misconduct: What are Your Options?(16/4/2020) ,https://adzlaw.com/zoom-bombing-and-online-sexual-misconduct-what-are-your-options/

11.Alex Miller, Understanding the Costs of Harassment Prevention and DEI Training, (13/5/2021), https://businesslawtoday.org/2021/05/11941/

12. Adam Wyatt, Sexual Harassment at the workplace, (14/10/2022), https://employsure.co.nz/blog/sexual-harassment-at-the-workplace

13. Beau Jackson, Sexual harassment on the rise as remote work blurs social boundaries, (10/11/2021), https://www.hrmagazine.co.uk/content/news/ sexual-harassment-on-the-rise-as-remote-work-blurs-social-boundaries/

14. Bui Viet Hoa, “Can Study and Supplement Sexual Harassment into Criminal Law,” Electronic Journal of Procuracy, (March 3, 2021, 14:01). https://kiemsat.vn/can-nghien-cuu-bo-sung-hanh-vi-quay-roi-tinh-duc-vao-phap-luat-hinh-su-61135.html

15. Beau Jackson, Sexual harassment on the rise as remote work blurs social boundaries, (10 /11/2021), https://www.hrmagazine.co.uk/content/news/ sexual-harassment-on-the-rise-as-remote-work-blurs-social-boundaries/

16. Crabtree, S, Global Study: 23% of Workers Experience Violence, Harassment, Gallup Blog, (14/12/2022), https://news.gallup.com/opinion/ gallup/406793/global-study-workers-experience-violence-arassment.aspx

17. Canadian Women's Foundation, The Facts about Gender-Based Violence, https://canadianwomen.org/the-facts/gender-based-violence/

18. Cooley LLP, New Duty on UK Employers to Prevent Sexual Harassment, (24/9/2024),https://www.cooley.com/news/insight/2024/2024-09-24-new-duty-on-uk-employers-to-prevent-sexual-harassment

19. Damian McCarthy, Digital Discrimination: Addressing Online Harassment in London Workplaces, Damian McCarthy Employment Law, https://damianmccarthy.com/digital-discrimination-addressing-online-harassment-in-london-workplaces/

20. Dearbhla O'Hare et al, A cross-sectional investigation on remote working, loneliness, workplace isolation, well-being and perceived social support in healthcare workers, National Library of Medicine, (26/02/2024), https://pmc.ncbi.nlm.nih.gov/articles/PMC10897687/

21. Edward, Sexual Harassment and Remote Work: Challenges and Solutions in the Digital Age, (20/8/2024), https://thesecondsource.co.uk/ sexual-harassment-and-remote-work-challenges-and-solutions-in-the-digital-age/

22. European Union, Sexual harassment and victimisation: what happens in the workplace, (15/05/2023), https://oshwiki.osha.europa.eu/en/ themes/ sexual-harassment-and-victimisation-what-happens-workplace

23. Elizabeth A Mumford, Sexual Harassment and Sexual Assault in Early Adulthood: National Estimates for College and Non-College Students, National Library of Medicine, (07/8/2020), https://pmc.ncbi.nlm.nih. gov/articles/PMC7485046/

24. Employment and Commerce Law Group, Hostile Work Environment and Workplace Harassment: What Is the Difference Between Them?, (31/12/2021), https://eclaw.com/blog/what-is-the-difference-between-a-hostile-work-environment-and-workplace-harassment/

25. Henry, N., & Powell, A., Technology-facilitated sexual violence: A literature review of empirical research. Trauma, Violence, & Abuse, 19(2), 195-208 (2018).

26. Hong Chieu, Lack of regulations on handling sexual harassment at the workplace, VnExpress Newspaper, (8/6/2022, 14:50), https://vnexpress.net/thieu-quy-dinh-xu-ly-quay-roi-tinh-duc-tai-noi-lam-viec-4473492.html

27. Ho Thi Thanh Truc et al., Law on sexual harassment at the workplace – Current situation and solutions for improvement, 08/04/2024, Democracy and Law Journal, Issue 2 (No. 401)

28. International Labour Organization (ILO), Convention No. 190 concerning the elimination of violence and harassment in the world of work, Geneva, (2019).

29. JSA Law Firm, Sexual harassment in a ‘Remote/Digital Workplace’, Lexology, (09/02/2023), https://setyanlaw.com/sexual-harassment-remote-workplace-gig-economy/

30. Joni Hersch, Sexual harassment in the workplace, (7/2024), https://wol.iza.org/articles/sexual-harassment-in-the-workplace/long

31. 26. Kimberly A. Urbanek, Kyle J. Graham, Workplace Violence Prevention Handbook, (2022), https://nahc.org/wp-content/uploads/2024/06/ Workplace_Violence_Prevention_Handbook_for_Health_Care_1718217141.pdf

32. Lewis Silkin, Taking reasonable steps to prevent sexual harassment: what employers need to know about the new duty, (11/7/2024), https://www.lewissilkin.com/insights/2024/07/11/taking-reasonable-steps-to-prevent-sexual-harassment-what-employers-need-to-know-about-the-new-?search=Lewis+Silkin

33. Matthew Scott, Microsoft’s Sexual Harassment Transparency Report May Push Boards To Review Policies, https://boardmember.com/ microsofts-sexual-harassment-transparency-report-may-push-boards-to-review-policies/

34. Marvin Iroegbu, Investigating the Psychological Impact of Cyber-Sexual Harassment, Journal of Interpersonal Violence, Volume 39, Issue 15-16, (2024).

35. Matthew Doherty, Bullying in the remote workplace: what it looks like and how to mitigate it, (7/7/2023), https://www.sikich.com/insight/ bullying-in-the-remote-workplace-what-it-looks-like-and-how-to-mitigate -it/

36. Nguyen Thi Binh, Protecting human rights through provisions on sexual crimes in the Criminal Code Viet Nam, PhD Dissertation in Law, Hanoi Law University, pp. 167–168, (2020).

37. Nguyen Thi Ngoc Linh, Need to supplement sexual harassment offense into the Criminal Code, (30/03/2018, 11:35), https://tapchitoaan.vn/index.php/can-bo-sung-toi-quay-roi-tinh-duc-vao-bo-luat-hinh-su

38. Open Access Government, Research finds that 97% of women in the UK have been sexually harassed, (07/10/2022), https://www.hrmagazine.co. uk/content/news/sexual-harassment-on-the-rise-as-remote-work-blurs-social-boundaries/

39. Rothschild & Alwill, The Intersection of Technology And Sexual Assault In The Workplace, (25/7/2024), https://www.ralegal.com/the-intersection-of-technology-and-sexual-assault/#:~:text=Technology% 2Dfacilitated%20sexual%20harassment%20(TFSH,sexually%20inappropriate%20or%20harassing%20behavior

40. Shellist Lazarz Slobin LLP, Navigating Sexual Harassment in the Digital Workplace,(29/8/2024), https://www.eeoc.net/blog/ 2024/august/navigating-sexual-harassment-in-the-digital-work/

41. Serein Legal Team, Virtual harassment in the workplace: Recognising and addressing the issue, https://serein.in/virtual-harassment-in-the-workplace-recognising-and-addressing-the-issue/

42. Sullivan & Cromwell LLP, EEOC Issues New Enforcement Guidance on Workplace Harassment, (14/5/2024), https://www.sullcrom.com/ insights/blogs/2024/May/EEOC-Issues-New-Enforcement-Guidance-on-Workplace-Harassment

43. Slaughter and may, Employment Bulletin - October 2024, (25/10/2024), https://www.slaughterandmay.com/insights/new-insights/employment-bulletin-october-2024/

44. Stephanie L. Chandler, Technology-related policies and procedures: employee policies, document retention, privacy and intellectual property, State Bar of Texas, chapter 2, p.2 (2/2006).

45. Thompson, Coe, Cousins & Irons LLP, Employers Potentially Liable for Harassing Postings on Electronic Bulletin Boards, (17/11/2000), https://www.thompsoncoe.com/resources/publications/employers-potentially-liable-for-harassing-postings-on-electronic-bulletin-boards/

45. Tue Lien, Code of conduct on sexual harassment at the workplace: Easy to incur “wrongful convictions,” (09/06/2015, 09:38), https://laodongthudo.vn/bo-quy-tac-ung-xu-ve-quay-roi-tinh-duc-tai-noi-lam-viec-de-ganh-an-oan-22701.html

46. 40. UNFPA, India is fighting rising online harassment in the workplace, (24/11/2021), https://www.unfpa.org/news/india-fighting-rising-online-harassment-workplace

47. U.S. District Court for the District of New Jersey, Blakey v. Continental Airlines, Inc., 992 F. Supp. 731 (DNJ 1998), https://law.justia.com/cases/ federal/district courts/FSupp/992/731/1456670/

48. Vu Duy Nam, New points on regulations for disciplining employees by dismissal under the Labor Code 2019, Vietnam Lawyer Electronic Journal, (23/12/2023, 08:32), https://lsvn.vn/nhung-diem-moi-ve-quy-dinh-xu-ly-ky-luat-lao-dong-bang-hinh-thuc-sa-thai-cua-bo-luat-lao-dong-nam-2019-1703258518-a139098.html

49. World Bank và Solutions for Youth Employment (S4YE), Online violence against young female workers: risks, threats and mitigation strategies (3/2022), https://openknowledge.worldbank.org/entities/publication/4661214e-0654-55c8-b4a7-999e48ee6542

* Tran Minh Chien, Lecturer, Faculty of Law, Ho Chi Minh City Open University. Approved for publication on 28/6/2025. Email: chientm112@gmail.com

[1] Beau Jackson, Sexual harassment on the rise as remote work blurs social boundaries, (10 /11/2021), https://www.hrmagazine.co.uk/content/news/sexual-harassment-on-the-rise-as-remote-work-blurs-social-boundaries/

Australian Human Rights Commission, Respect@Work: Sexual Harassment National Inquiry Report (05/3/2020), https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment-national-inquiry-report-2020

[2] Shellist Lazarz Slobin LLP, Navigating Sexual Harassment in the Digital Workplace, (29/8/2024), https://www.eeoc.net/blog/2024/august/navigating-sexual-harassment-in-the-digital-work/

[3] JSA Law Firm, Sexual harassment in a ‘Remote/Digital Workplace’, Lexology, (09/02/2023), https://setyanlaw.com/sexual-harassment-remote-workplace-gig-economy/

[4] Damian McCarthy, Digital Discrimination: Addressing Online Harassment in London Workplaces, Damian McCarthy Employment Law, https://damianmccarthy.com/digital-discrimination-addressing-online-harassment-in-london-workplaces/

[5] UNFPA, India is fighting rising online harassment in the workplace, (24/11/2021), https://www.unfpa.org/news/india-fighting-rising-online-harassment-workplace

[6] Edward, Sexual Harassment and Remote Work: Challenges and Solutions in the Digital Age, (20/8/2024), https://thesecondsource.co.uk/sexual-harassment-and-remote-work-challenges-and-solutions-in-the-digital-age/

[7] Dearbhla O'Hare et al, A cross-sectional investigation on remote working, loneliness, workplace isolation, well-being and perceived social support in healthcare workers, National Library of Medicine, (26/02/2024), https://pmc.ncbi.nlm.nih.gov/articles/PMC10897687/

[8] Thompson, Coe, Cousins & Irons LLP, Employers Potentially Liable for Harassing Postings on Electronic Bulletin Boards, (17/11/2000), https://www.thompsoncoe.com/resources/publications/ employers-potentially-liable-for-harassing-postings-on-electronic-bulletin-boards/

[9] Crabtree, S, Global Study: 23% of Workers Experience Violence, Harassment, Gallup Blog, (14/12/2022), https://news.gallup.com/opinion/gallup/406793/global-study-workers-experience-violence-harassment.aspx

[10] Joni Hersch, Sexual harassment in the workplace, (7/2024), https://wol.iza.org/articles/sexual-harassment-in-the-workplace/long

[11] Andrea Boatman, Quid Pro Quo Harassment: What It Is and How To Address & Prevent It, https://www.aihr.com/blog/quid-pro-quo-harassment/

Employment and Commerce Law Group, Hostile Work Environment and Workplace Harassment: What Is the Difference Between Them?, (31/12/2021), https://eclaw.com/blog/what-is-the-difference-between-a-hostile-work-environment-and-workplace-harassment/

[12] Anrows, Technology-facilitated sexual harassment in the workplace: Perpetration, responses and prevention,https://www.anrows.org.au/project/technology-facilitated-sexual-harassment-in-the-workplace-perpetration-responses-and-prevention/

[13] Rothschild & Alwill, The Intersection of Technology And Sexual Assault In The Workplace, (25/7/2024), https://www.ralegal.com/the-intersection-of-technology-and-sexual-assault/#:~:text= Technology%2Dfacilitated%20sexual%20harassment%20(TFSH,sexually%20inappropriate%20or%20harassing%20behavior

[14] Henry, N., & Powell, A., Technology-facilitated sexual violence: A literature review of empirical research. Trauma, Violence, & Abuse, 19(2), 195-208 (2018).

[15] Elizabeth A Mumford, Sexual Harassment and Sexual Assault in Early Adulthood: National Estimates for College and Non-College Students, National Library of Medicine, (07/8/2020), https://pmc.ncbi.nlm.nih.gov/articles/PMC7485046/

[16] Canadian Women's Foundation, The Facts about Gender-Based Violence, https://canadianwomen. org/the-facts/gender-based-violence/

[17] World Bank và Solutions for Youth Employment (S4YE), Online violence against young female workers: risks, threats and mitigation strategies (3/2022), https://openknowledge. worldbank.org/entities/publication/4661214e-0654-55c8-b4a7-999e48ee6542

[18] Kimberly A. Urbanek, Kyle J. Graham, Workplace Violence Prevention Handbook, (2022), https://nahc.org/wp-content/uploads/2024/06/Workplace_Violence_Prevention_Handbook_for_ Health_Care_1718217141.pdf

[19] Shellist Lazarz Slobin LLP, Navigating Sexual Harassment in the Digital Workplace, (29/8/2024), https://www.eeoc.net/blog/2024/august/navigating-sexual-harassment-in-the-digital-work/

[20] Serein Legal Team, Virtual harassment in the workplace: Recognising and addressing the issue, https://serein.in/virtual-harassment-in-the-workplace-recognising-and-addressing-the-issue/

[21] ADZ Law, LLP, Zoom-Bombing and Online Sexual Misconduct: What are Your Options? (16/4/2020) ,https://adzlaw.com/zoom-bombing-and-online-sexual-misconduct-what-are-your-options/

[22] JSA Law Firm, Sexual harassment in a ‘Remote/Digital Workplace’, Lexology, (09/02/2023), https://setyanlaw.com/sexual-harassment-remote-workplace-gig-economy/

[23] Marvin Iroegbu, Investigating the Psychological Impact of Cyber-Sexual Harassment, Journal of Interpersonal Violence, Volume 39, Issue 15-16, (2024).

[24] Matthew Doherty, Bullying in the remote workplace: what it looks like and how to mitigate it, (7/7/2023), https://www.sikich.com/insight/bullying-in-the-remote-workplace-what-it-looks-like-and-how-to-mitigate -it/

[25] Adam Wyatt, Sexual Harassment at the workplace, (14/10/2022), https://employsure. co.nz/ blog/sexual-harassment-at-the-workplace

[26] European Union, Sexual harassment and victimisation: what happens in the workplace, (15/05/2023), https://oshwiki.osha.europa.eu/en/themes/sexual-harassment-and-victimisation-what-happens-workplace

[27] Hong Chieu, Lack of regulations on handling sexual harassment at the workplace, VnExpress Newspaper, (8/6/2022, 14:50), https://vnexpress.net/thieu-quy-dinh-xu-ly-quay-roi-tinh-duc-tai-noi-lam-viec-4473492.html

[28] Clause 2, Article 8; Clause 1, Article 183, Labour Code 2012.

[29] Clause 9, Article 3, Labour Code 2019.

[30] Clause 1, Article 84, Decree 145/2020/ND-CP.

[31] Clause 2, Article 84, Decree 145/2020/ND-CP.

[32] Clause 2, Article 125, Labour Code 2019.

[33] Article 85, Decree 145/2020/ND-CP.

[34] Ho Thi Thanh Truc et al., Law on Sexual Harassment in the Workplace – Current Situation and Solutions for Improvement, 08/04/2024, Democracy and Law Journal, Issue 2 (No. 401)

[35] Clause 3, Article 10, Decree 12/2022/ND-CP.

[36] Article 35, Labour Code 2019.

[37] Vu Duy Nam, New points on disciplinary termination under Labour Code 2019, Vietnam Lawyers E-Journal, (23/12/2023 08:32), https://lsvn.vn/nhung-diem-moi-ve-quy-dinh-xu-ly-ky-luat-lao-dong-bang-hinh-thuc-sa-thai-cua-bo-luat-lao-dong-nam-2019-1703258518-a139098.html

[38] Nguyen Thi Ngoc Linh, Need to Add the Crime of Sexual Harassment to the Criminal Code, (30/03/2018, 11:35), https://tapchitoaan.vn/index.php/can-bo-sung-toi-quay-roi-tinh-duc-vao-bo-luat-hinh-su

[39] International Labour Organization (ILO), Convention No. 190 concerning the elimination of violence and harassment in the world of work, Geneva, (2019).

[40] Article 3, Convention on Violence and Harassment, 2019 (No. 190)

[41] Sullivan & Cromwell LLP, EEOC Issues New Enforcement Guidance on Workplace Harassment, (14/5/2024), https://www.sullcrom.com/insights/blogs/2024/May/EEOC-Issues-New-Enforcement-Guidance-on-Workplace-Harassment

[42] Sullivan & Cromwell LLP, EEOC Issues New Enforcement Guidance on Workplace Harassment, (14/5/2024), https://www.sullcrom.com/insights/blogs/2024/May/EEOC-Issues-New-Enforcement-Guidance-on-Workplace-Harassment

[43] U.S. District Court for the District of New Jersey, Blakey v. Continental Airlines, Inc., 992 F. Supp. 731 (DNJ 1998), https://law.justia.com/cases/federal/district-courts/FSupp/992/731/1456670/

[44] Stephanie L. Chandler, Technology-related policies and procedures: employee policies, document retention, privacy and intellectual property, State Bar of Texas, chapter 2, p.2 (2/2006).

[45] Cooley LLP, New Duty on UK Employers to Prevent Sexual Harassment, (24/9/2024), https://www. cooley.com/news/insight/2024/2024-09-24-new-duty-on-uk-employers-to-prevent-sexual-harassment

[46] Slaughter and may, Employment Bulletin - October 2024, (25/10/2024), https://www. slaughterandmay.com/insights/new-insights/employment-bulletin-october-2024/

[47] Lewis Silkin, Taking reasonable steps to prevent sexual harassment: what employers need to know about the new duty, (11/7/2024), https://www.lewissilkin.com/insights/2024/07/11/taking-reasonable-steps-to-prevent-sexual-harassment-what-employers-need-to-know-about-the-new-?search= Lewis+Silkin

[48] Matthew Scott, Microsoft’s Sexual Harassment Transparency Report May Push Boards To Review Policies, https://boardmember.com/microsofts-sexual-harassment-transparency-report-may-push-boards-to-review-policies/

[49] Alex Miller, Understanding the Costs of Harassment Prevention and DEI Training, (13/5/2021), https://businesslawtoday.org/2021/05/11941/

[50] Article 2, Convention on Violence and Harassment, 2019 (No. 190)

[51] Tue Lien, Code of Conduct on Sexual Harassment at the Workplace: Risk of “Wrongful Conviction”, (09/06/2015, 09:38), https://laodongthudo.vn/bo-quy-tac-ung-xu-ve-quay-roi-tinh-duc-tai-noi-lam-viec-de-ganh-an-oan-22701.html

[52] Beau Jackson, Sexual harassment on the rise as remote work blurs social boundaries, (10/11/2021), https://www.hrmagazine.co.uk/content/news/sexual-harassment-on-the-rise-as-remote-work-blurs-social-boundaries/

[53] Open Access Government, Research finds that 97% of women in the UK have been sexually harassed, (07/10/2022), https://www.hrmagazine.co.uk/content/news/sexual-harassment-on-the-rise-as-remote-work-blurs-social-boundaries/

[54]Nguyen Thi Binh, Protecting Human Rights through Provisions on Sexual Offenses in the Vietnamese Criminal Code, PhD Dissertation in Law, Hanoi Law University, pp. 167–168, (2020).

[55] Bui Viet Hoa, Need to Study and Supplement Sexual Harassment into the Criminal Law, Electronic Journal of Procuracy, (03/03/2021, 14:01), https://kiemsat.vn/can-nghien-cuu-bo-sung-hanh-vi-quay-roi-tinh-duc-vao-phap-luat-hinh-su-61135.html

[56] Australian Human Rights Commission, Respect@Work: Sexual Harassment National Inquiry Report (2020), (05/3/2020), https://humanrights.gov.au/our-work/sex-discrimination/publications/ respectwork-sexual-harassment-national-inquiry-report-2020

[57] Ministry of Labor – Invalids and Social Affairs, ILO Vietnam, Handbook on Prevention and Response to Sexual Harassment in the Workplace. Hanoi, (Reference Material for Enterprises Developing Policies), (2019).

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