The Employment (Sexual Harassment) Regulations of 2012 (the “ESH Regulations”) define, prohibit, and provide punishments for sexual harassment in the workplace. The ESH Regulations were produced by the Directorate of Labour pursuant to the powers conferred by the Employment Act of 2006 (sec. 7, 97(1)). The Regulations require employers with more than 25 employees to institute measures to prevent sexual harassment, including a written sexual harassment policy, providing the written policy to all employees with a copy, posting the policy in a public area, conducting regular trainings, and designating a “gender sensitive” person to handle sexual harassment complaints. The Regulations also provide reporting guidelines, prohibition of retaliation, and appeals processes. The penalty for sexual harassment is a fine not to exceed six currency points (a currency point is 20,000 USH) and/or imprisonment not to exceed three months.
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