Harassment of female employees is common world over. Many countries have issued legislations to ensure that there is not any kind of harassment against its employees, especially women.
In the UAE, many women, including employees, job seekers and students are harassed. However, many cases are not reported. The law preserves individual dignity as anyone can lodge a complaint to get their rights. However, the UAE law does not specify the types of harassments and there are no legislations to cover the workplace.
Legal experts believe that responsibility imposed on the employer is limited as they should also take measures to prevent this behaviour by introducing solutions. They should be responsible for protecting women from harassment and bullying by defining sexual harassment and spreading awareness among employees to understand their individual responsibility towards women protection.
However this behaviour is punishable as per article 359 of UAE Penal Code that stipulates that any attempt to disgrace a female by words or by deeds on a public street or at a frequented place, shall be punished by detention for a period not exceeding one year and by a fine not exceeding Dh10,000.
The Dubai Human Resources laws have put a legislation to protect employees as per Article 206, which stipulates that employees can submit a written work-related grievance to a Complaints Committee and Human Resources about work environment and tools, physical abuse, offensive language, spreading gossips and rumours, humiliation of the employees and their ideas, verbal or written harassment, sexual harassment and much more.
Dubai-based lawyer Mouza Ali said that many women are experiencing harassment at the workplace, which may be more than an offence against an individual as it is also a crime committed against the laws of the country.
Articles 359 and 364 of the UAE Penal Code consider incidents of harassment - whether physical or verbal - punishable by law.
"If it becomes sexual assault, the person will be sentenced to 15 years in prison to be followed by deportation," she said.
She also said that many women do not recognise how to deal with harassment at workplace and do not understand their rights and responsibilities under the law with regard to safety at the workplace. She said there is need to organise programmes that teach female employees on how to identify harassment. Companies should exercise anti-harassment policies to protect employees, especially women, she added.
Lawyer Mahmood Abdul Al Salam said: "I have been working here for three years and have not come across a sexual harassment case at the workplace, which means it is not a phenomena here."
He said that most people, due to development in technology, interact differently with people including women. "The matter will be considered as sexual harassment if the person used objectionable words or touched the person inappropriately."
Lawyer Fatima Abdulla said that most people do not differentiate between various types of harassment so there is a need for a clear line to be drawn. "People should understand when their acts will be considered as a crime. There is a need to spread awareness among people about laws, rights and responsibilities."
She added that most women do not complain because of long legal proceedings. "But the recent establishment of community policing may encourage women to report the matter.
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