Cross-Border Catch-Up: Understanding International Anti-Harassment Training Laws

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Kate Thompson: Welcome back to the Cross-Border Catch-Up, the podcast for global employers who want to stay in the know about the latest employment issues worldwide. I’m Kate Thompson, and today I’m joined by my colleague Maya Barba. We’re cross-border attorneys here at Ogletree, and we’re diving into a topic that’s been popping up a lot lately, mandatory workplace policies and trainings. We’ve been receiving lots of questions lately from employers with operations across different countries about training and policy requirements in various jurisdictions and how they vary. Today, we’re going to focus on anti-harassment training and look at some key countries where training is required. Thanks so much for being here, Maya.

Maya Barba: Thanks, Kate. Happy to be here.

Kate Thompson: All right, let’s get into it. So, what exactly is anti-harassment training?

Maya Barba: Great place to start. So, anti-harassment training, in simplest terms, generally refers to workplace training, teaching employees what harassment looks like. Different countries have differing definitions of harassment, but it can include sexual harassment, discrimination, bullying, and other kinds of inappropriate behavior. Anti-harassment training generally covers what constitutes harassing behavior, what to do if it happens, how to report it, and the consequences. But the details like what topics are covered, how often the training needs to happen, and who needs to attend can vary quite a bit, depending on each country’s laws and regulations.

Kate Thompson: That makes perfect sense. So, where is this kind of training actually required? Can you give us a quick overview?

Maya Barba: Sure. So, anti-harassment training is mandatory in a number of countries and recommended in many more. In terms of countries where it’s required, today I plan to touch on Australia, China, South Korea, India, Romania, and Peru. Each country has its own rules on how often the training needs to happen, what it needs to include, and who needs to attend. And this isn’t a full list of the countries where it’s required, but just want to touch on some of these to give an overview of the landscape.

Kate Thompson: Definitely, that’s really helpful. So now that we know what this is and where it’s required, can you explain why it matters?

Maya Barba: So, I’d say on a macro scale, the training itself is important because it helps build a safe and respectful workplace. The trainings can help the team understand maybe more nuanced conduct that could be considered harassing or make others uncomfortable. And training about each employer’s reporting system, generally I’d say, empowers employees to create a safe work environment.
Thinking about employers specifically, in addition to these general workplace benefits, anti-harassment training is often a part of the employer’s duty of care obligations and obligation to provide a safe workplace. And for the countries we’re going to touch on today, these trainings are a requirement, and employers can be subject to vicarious liability or fines and penalties if they don’t meet the training requirements. So, there’s a range of culture benefits and then protections from legal liability to the employers themselves.

Kate Thompson: Great. Thanks so much, Maya. So now can you walk us through some examples of requirements in those different countries that you touched on?

Maya Barba: Absolutely. So, I’m going to start with Australia. In Australia, employers have a duty to prevent and eliminate workplace sex discrimination, which includes harassment. Also, employers have a duty to control what’s called psychosocial hazards, which cause psychological or physical harm to employees, and harassment falls within that definition.

Kate Thompson: And what specifically should that training cover in Australia?

Maya Barba: So, at a minimum, it needs to explain what sex discrimination, sexual harassment, and victimization are. The training should also cover what a hostile work environment means and highlight employers’ and managers’ responsibilities to actively prevent harassment. The training should touch on how complaints will be addressed if they’re raised by employees in the investigation process, and it should generally just include training about preventing workplace harassment.

Kate Thompson: Okay, got it. So, is there a minimum company size for this requirement in Australia?

Maya Barba: No, so this requirement applies to all sizes of employers in Australia.

Kate Thompson: Okay, that’s great. And do employers in Australia need to have a harassment policy in place?

Maya Barba: So, there’s not a strict legal requirement to have an explicit policy, but it’s strongly recommended. The policy, if it’s included, which is generally recommended, should define harassment, explain the measures to prevent it, and outline complaint procedures. And in Queensland, there’s some additional obligations to prepare more tailored policies addressing workplace risks.

Kate Thompson: Okay, interesting. So, now let’s move on to China. Can you explain what the requirements are there?

Maya Barba: Sure. So, in China, at a high level, the protection of women’s rights and interests law says that employers must implement sexual harassment training and education. The national law doesn’t give detailed rules on how often or what exactly the training needs to include, but some different cities and provinces have their own guidelines on this.

Kate Thompson: Yeah, that’s definitely a great call out. Anything else that employers in China should watch out for?

Maya Barba: Generally speaking, employers have to take reasonable steps to prevent harassment. They need to handle complaints, and they need to investigate incidents properly. If they fail to meet the requirements under the law, they can be held vicariously liable for their employee’s actions. And employers are required to have a policy on preventing workplace sexual harassment, and this needs to be included in the handbook or the internal rules and regulations.

Kate Thompson: Great, thank you so much for that overview. So, now why don’t we move on to South Korea? Can you walk us through the requirements there?

Maya Barba: Absolutely. So, South Korea requires sexual harassment training to take place every year. The law doesn’t explicitly require trainings on other types of workplace harassment, but employers typically combine workplace harassment with that sexual harassment training. The Ministry of Labor recommends that the sexual harassment training last for at least an hour, and what we see practically is that employers conduct two back-to-back training sessions, about an hour each, one on sexual harassment and the other on general workplace harassment.

Kate Thompson: Yeah, that definitely makes sense. So, what else do you think employers in South Korea should know about harassment?

Maya Barba: So, there’s an obligation to file work rules with the Ministry of Labor for employers who have 10 or more employees, and as part of that, there should be an anti-harassment provision outlined.

Kate Thompson: Okay, great. Thanks so much for that information. So, with that, why don’t we move on to India? Can you explain to us what the situation is there?

Maya Barba: Sure. India’s relevant law at a high level is the Sexual Harassment of Women at Workplace Act, and this requires employers to hold workshops and trainings to educate employees. The law is not specific in terms of exactly how often that training has to happen, but once a year is a good benchmark, and the Indian government has created basic training modules that employers can use as reference materials.

Kate Thompson: Yeah, that’s great that they have that. Now, are there any headcount triggers for these requirements in India?

Maya Barba: So, there’s no minimum headcount for a training, but if a company has 10 or more employees, then they need to set up an internal complaints committee to investigate complaints of sexual harassment, and there is a requirement to implement an anti-sexual harassment policy consistent with the act that I mentioned earlier.

Kate Thompson: Okay, great. Well, thank you for that overview on India. Now, why don’t we shift our focus to Europe? Can you speak about some of requirements in Romania?

Maya Barba: Absolutely. So, in 2024, Romania implemented new requirements regarding anti-harassment training. Specifically, Romania requires employers to provide anti-harassment training every year to all employees. As part of this obligation, the training needs to address how to identify, prevent, and respond to harassment, and employers need to have internal rules defining this. And set up confidential reporting and investigate complaints, and also have an obligation to protect employees from retaliation in accordance with more specific requirements.

Kate Thompson: What happens if employers in Romania don’t comply with these requirements?

Maya Barba: So, Romania is one of those jurisdictions where noncompliance with these requirements can subject employers to administrative fines actually, and they can be pretty steep and can be per employee.

Kate Thompson: That’s really good to know, and that’s definitely significant if there are steep fines there. So, with that, why don’t we briefly touch on Latin America? You mentioned Peru, right?

Maya Barba: Yes, I did. So, Peru is a jurisdiction that requires employers to train all employees, trainees, and contractors at the start of their employment on anti-harassment. The training needs to last at least an hour and cover what sexual harassment is, include examples and consequences, and employers also have to give yearly specialized training to folks in HR. If there’s internal committees responsible for handling harassment, those folks need to be trained. And others involved in general harassment investigations and discipline, those all need more specialized training.

Kate Thompson: Okay. Now, what happens with smaller businesses in Peru? Are there any exemptions that might exist for them?

Maya Barba: Yeah, so small businesses in certain categories may be exempt from some of the more specialized training requirements. This is a little bit more specific, so it’s important to check with the local requirements. Another thing to consider generally for all employers is that they’re also required to have a policy prohibiting sexual harassment, including definitions, complaint procedures, assurances against retaliation, and examples of harassment.

Kate Thompson: Yeah, no, this is so helpful, and I really appreciate your overview here. So, before we close, would you mind just sharing some best practices for employers to make their anti-harassment trainings effective?

Maya Barba: Of course. So, I think most importantly, you have to have clear definitions of harassment and base those on the requirements of each country. To make a training effective, it needs to be tailored towards the company’s specific culture and the specific risks there. I think it’s always a good practice to set up straightforward reporting procedures and make sure employees feel safe and supported coming forward, and just review and update policies in accordance to the changing legal requirements.

Kate Thompson: These are really great practical tips. Thank you so much again, Maya.

Maya Barba: Thanks, Kate. Always a pleasure.

Kate Thompson: And that wraps up this episode of the Cross-Border Catch-Up. Be sure to follow us to stay in the know on global employment issues.

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