Harassment Complaint Letter (Malaysia)

A Harassment Complaint Letter in Malaysia sets out the writer's position and the response or action requested from the recipient.

In the workplace context, the Employment Act 1955 (Act 265) and the Industrial Relations Act 1967 (Act 177) provide the primary framework for addressing workplace harassment. The Human Resources Ministry of Malaysia (Kementerian Sumber Manusia) issued the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace 1999, which requires employers with more than 50 employees to establish internal sexual harassment grievance mechanisms. Amendments to the Employment Act 1955 via the Employment (Amendment) Act 2022 introduced Section 81H to 81L, which explicitly address sexual harassment in the workplace, defining it as conduct of a sexual nature that is unwelcome and offensive to the recipient, and requiring employers to investigate sexual harassment complaints within 30 days.

For online harassment — including cyberstalking, repeated threatening messages, non-consensual sharing of intimate images, and online defamation — Section 233 of the Communications and Multimedia Act 1998 (Act 588) creates an offence for using a network facility or service to transmit content that is obscene, indecent, false, menacing, or offensive with intent to annoy, abuse, threaten, or harass. Section 233 is enforced by the Malaysian Communications and Multimedia Commission (MCMC) and PDRM's Cybercrime Investigation Unit. Conviction carries a fine of up to RM 50,000 or imprisonment of up to one year under Section 233(3) of the Act.

For personal harassment and stalking, the Penal Code (Act 574) provides criminal sanctions under Section 503 (criminal intimidation), Section 509 (insulting the modesty of a person), and Section 506 (punishment for criminal intimidation). The Domestic Violence Act 1994 (Act 521) provides a specific regime for victims of domestic violence — including harassment within intimate relationships — with provisions for Interim Protection Orders (IPO) under Section 5 of the Act issued by a Magistrate Court.

The establishment of the Anti-Sexual Harassment Act 2022 (Act 840) marked a significant development in Malaysian harassment law, providing the first dedicated legislative framework for sexual harassment claims outside the employment context, including claims against educational institutions and service providers.

The legal framework governing the Harassment Complaint Letter (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Harassment Complaint Letter (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.

A Harassment Complaint Letter in Malaysia is needed whenever a person has been subjected to unwanted, repeated, or severe harassing conduct and needs to formally document and report the behaviour to an appropriate authority.

A Harassment Complaint Letter is required when an employee is subjected to sexual harassment in the workplace — including unwanted physical contact, sexually explicit comments, repeated unwanted advances, or creation of a hostile work environment — and wishes to trigger the employer's mandatory investigation process under Sections 81H to 81L of the Employment Act 1955 (as amended in 2022).

A Harassment Complaint Letter is needed when an employee is subjected to non-sexual workplace bullying — repeated belittling, exclusion, unreasonable workload manipulation, or verbal abuse by a supervisor or colleague — and wishes to lodge a formal complaint with the employer under the company's internal grievance procedure or with the Department of Industrial Relations (Jabatan Perhubungan Perusahaan) under the Industrial Relations Act 1967.

A Harassment Complaint Letter is required when a person receives repeated threatening, abusive, or offensive messages through WhatsApp, SMS, social media, or email, and wishes to report the conduct to PDRM or file a complaint with the Malaysian Communications and Multimedia Commission (MCMC) under Section 233 of the Communications and Multimedia Act 1998.

A Harassment Complaint Letter is needed when a victim of domestic violence requires documentation of the harassing and threatening conduct as part of an application for an Interim Protection Order (IPO) under Section 5 of the Domestic Violence Act 1994, or as evidence in divorce proceedings before the Civil High Court or the Syariah Court.

A Harassment Complaint Letter is required when a student is subjected to harassment or bullying by a teacher, lecturer, or fellow student at a public or private educational institution, and wishes to report the conduct to the institution's academic board, the Ministry of Education Malaysia (KPM), or the Ministry of Higher Education Malaysia (KPT).

A Harassment Complaint Letter in Malaysia that is effective for employer investigations, police reports, and court applications must contain the following elements.

Complainant Identification: The complainant's full name, NRIC number, address, contact details, and employment position (for workplace complaints). The complainant's position relative to the harasser — subordinate, colleague, student, neighbour, ex-partner — must be stated.

Respondent Identification: The harasser's full name (if known), NRIC (if known), position and organisation (for workplace harassment), and contact details. For online harassment, the harasser's social media username, phone number, or email address should be provided.

Chronological Incident Log: A detailed, date-specific log of each harassing incident — the date, time, location, what was said or done, who witnessed it, and what impact it had on the complainant. For online harassment, screenshots, message records, and URL links to published content should be annexed.

Legal Basis of Complaint: The specific legal provision or policy being violated — for example, Section 81H of the Employment Act 1955 (sexual harassment), Section 233 of the Communications and Multimedia Act 1998 (online harassment), the employer's anti-harassment policy, or the Anti-Sexual Harassment Act 2022 (Act 840) for harassment under that Act.

Evidence Attached: A list and copies of all supporting evidence — screenshots of messages, emails, WhatsApp records, photographs, medical reports (for physical harassment), or witness statements. Evidence should be preserved in original digital form and submitted to PDRM or the employer's HR department.

Specific Remedies Requested: Clear statements of what the complainant requests — investigation of the complaint, disciplinary action against the harasser, cessation of contact, transfer of the harasser to a different work location, issuance of an Interim Protection Order, or criminal prosecution.

Confidentiality Request: Where the complainant fears retaliation, a request that the complaint be treated confidentially — in line with Section 81K of the Employment Act 1955, which prohibits victimisation of employees who file harassment complaints.

Signature and Date: The complainant's signature and the date. For complaints to external bodies (MCMC, PDRM, Labour Office), the letter should be sent by registered post or hand-delivered with an acknowledgment receipt.

Additional compliance elements for a Harassment Complaint Letter (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.