South African and Middle Eastern employers urged to review and adapt harassment policies 

Organisations should conduct assessments to ensure managers and workers are not only aware of the existence of such policies but actively implement the values of those policies, allowing potential harassment to be identified and properly dealt with. This involves implementing clear reporting mechanisms, providing regular training for employees and management, and ensuring that all complaints are handled with seriousness and confidentiality. By doing so, businesses can protect themselves from legal liabilities and create a workplace where all employees feel valued and secure. 

Evolving trends

In today’s rapidly evolving legal landscape and increasing foreign workforce, businesses are facing unprecedented scrutiny of their workplace harassments policies. Recent cases in both jurisdictions have underscored the urgent need for companies to reassess and strengthen their harassment prevention measures, highlighting the legal ramifications of having inadequate policies and the profound impact on organisational culture and employee wellbeing.

Global trends are shifting towards a more proactive stance on harassment prevention, with legislators worldwide demanding higher standards of accountability from employers. In this context, businesses must not only comply with local legal requirements but also align with international best practices to foster a safe and respectful work environment, ensuring fairness and consistency across operations while being sensitive to any local nuances or expectations. 

South Africa

In South Africa, the Employment Equity Act 55 of 1998 (EEA), and the Code of Good Practice on the Prevention and Elimination of harassment in the Workplace published under it, are the main instruments prohibiting workplace harassment and discrimination. They provide robust protections in the workplace, necessitating a proactive approach from employers. 

Under the EEA harassment is a form of unfair discrimination and is prohibited on one or more grounds of unfair discrimination such as race, gender, sex, ethnic or social origin, sexual orientation, or any other arbitrary ground. The EEA places an obligation on employers to take proactive and remedial steps to prevent all forms of harassment in the workplace. Employers in South Africa can be held liable for acts of harassment committed within its workforce where it did not take reasonable steps to eliminate the conduct. 

The code understands harassment to be unwanted conduct, which impairs dignity; which creates a hostile or intimidating work environment for one or more employees or is calculated to, or has the effect of, inducing submission by actual or threatened adverse consequences; and which is related to one or more grounds in respect of which discrimination is prohibited in terms of the EEA. The code recognises that harassment may be the result of physical, verbal or psychological conduct, and acknowledges that harassment can occur between superiors and subordinates and between employees on the same or similar level. 

The code states that employers should adopt harassment policies that take cognisance of and are guided by the code and should develop clear procedures on how to deal with harassment, which should enable the resolution of problems in a gender-sensitive, confidential, efficient and effective manner. The code sets out what an employer should do when an allegation of harassment is brought to its attention. 

While acts of harassment are criminalised in South Africa, the criminal justice system would often only be triggered by a criminal complaint against the alleged perpetrator. 

UAE

The UAE has made significant strides in addressing workplace harassment through comprehensive legal frameworks designed to protect employees and promote a safe working environment. Central to these efforts is Federal Law No. 33 of 2021 (the UAE Labour Law), which outlines specific provisions aimed at preventing various forms of harassment and discrimination to onshore and many freezone companies.  

In particular, under the UAE Labour Law, any discrimination on the bases of race, colour, sex, religion, national or social original or disability which would have the effect of impairing equality in obtaining or continuing a job and enjoying rights within employment is prohibited. 

Sexual harassment, bullying, or any verbal, physical or psychological violence committed against the worked by an employer is also prohibited under this legislation. This applies to superiors and to colleagues of the employee. Additionally, the UAE Labour Law states that employers are required to provide a safe and appropriate work environment. 

Similarly, the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM) freezones have adopted stringent measures under the DIFC Employment Law No. 2 of 2019 and Employment Regulations 2024 respectively. Both include comprehensive definitions of what constitutes harassment and discrimination, including victimisation, where employees are punished for engaging in protected acts such as filing complaints or providing evidence in respect of complaints as well as requiring employers to take all reasonable steps to prevent misconduct as they may be held vicariously liable for discriminatory acts by their employees.

In terms of Article 413 of the Federal Law Decree No.32 of 2021 – Promulgating the Crimes and Penalties Law – sexual harassment is a criminalised and defined as any persistent behaviour which disturbs the victim through the repetition of acts, words or gestures that would offend that persons’ modest with the intention of causing that person to submit to sexual desires of the perpetrator or of a third party.

The UAE also has stringent laws against cyberbullying and online harassment under Federal Decree No. 34 of 2021 on countering rumours and cybercrimes. This law addresses various forms of online harassment, including spreading rumors, defamation, invasion of privacy, and revealing secrets. Perpetrators of online harassment face severe legal consequences, highlighting the importance of maintaining respectful and safe online interactions.

Federal Law No. 29 of 2006 protects the rights of people of determination (those with special needs) and ensures they are not subjected to any form of harassment or discrimination. This law mandates equal opportunities in employment and education, emphasising the need for workplaces to be accessible and supportive.

Kingdom of Saudi Arabia

In the Kingdom of Saudi Arabia (KSA), the Anti-Harassment Law (Royal Decree No. M/96), enacted in 2018, remains a cornerstone of workplace protection as of 2025.

The law broadly defines harassment to include any utterance, act, or gesture of a sexual nature that violates a person’s body, honor, or modesty, whether in person or through modern technologies. It applies to both public and private sectors, requiring employers to establish mechanisms for receiving and verifying complaints, maintain confidentiality, and take disciplinary action against violators.

Organisations are also expected to educate employees about anti-harassment policies and ensure a respectful work environment. In addition to sexual harassment, the Ministry of Human Resources and Social Development (MHRSD) has issued specific regulations—such as Resolution No. 20912—addressing behavioral aggression in the workplace. These regulations define inappropriate behavior, mandate the formation of internal committees to investigate complaints, and require employers to implement preventive policies and disciplinary procedures.

Penalties under the Anti-Harassment Law range from up to two years of imprisonment and fines of SAR 100,000 ($US27,000), with harsher consequences—up to five years in prison and SAR 300,000 (US81,000) in fines—for aggravated cases involving children, persons with special needs, or abuse of authority. The MHRSD advises that behavioral aggression, including verbal abuse, intimidation, or misuse of authority, be treated with the same seriousness as harassment.

Employers are encouraged to foster a culture of dignity and respect, and to proactively update internal policies to reflect evolving workplace norms. The Anti-Harassment Law also empowers witnesses to report incidents and ensures that victims’ identities are protected throughout investigations, reinforcing the KSA’s commitment to a safe and dignified workplace for all.

Qatar

In Qatar, the Qatar Financial Centre (QFC) Employment Regulations provide a comprehensive framework for preventing workplace harassment and discrimination. Article 45 of the QFC employment regulations requires employers to ensure that the workplace is safe, presents no risks, and is free of harassment. The regulations mandate employers to establish clear anti-harassment policies, provide training and educational programs, and implement robust complaint procedures. 

Additionally, the Qatar Labour Law includes provisions to protect employees from discrimination and harassment, emphasising the importance of maintaining a respectful and inclusive work environment. Employers are legally obligated to take all reasonable steps to prevent harassment and discrimination, ensuring the welfare of their employees.

How do the jurisdictions compare and what must employers do?

Rules across both the Middle East and South Africa are complimentary in that they: 

• prohibit discrimination based on, amongst other things, race, colour, sex, national or social origin and disability; 
• expressly prohibit workplace conduct that goes beyond “traditional ideas” of physical or sexual harassment, such as bullying, verbal harassment and other conduct that may cause harm; 
• apply a positive obligation on employers to provide a safe work environment for employees; and 
• recognising that while power dynamics can play a part in harassment or other prohibited conduct, harassment can also occur at the hands of peers. 

Employers in South Africa and Middle East need to ensure that they are complying with their duties to provide a safe and appropriate working environment and to address harassment in the workplace. This includes both physical and online environments. Non-compliance by an employer can expose it to potentially protracted, difficult and costly litigation. 

As a first step in ensuring compliance, employers should implement the appropriate policies and ensure that these policies are implemented in a meaningful to their workforce. This means not just flagging new policies, but incorporating training to the workforce, managers and HR and periodically reviewing and renewing that training; and “leading from the top down” in terms of messaging to staff. 

Large multi-national employers (LME) generally adopt and enforce global policies or jurisdiction specific adaptions. Where a jurisdiction specific approach is adopted, LME’s need to ensure that their enforcement does not have unintended consequences and that there is no unjustifiable differential treatment of its workforce across its jurisdictions. Jurisdiction specific approaches also need to cater for a geographically mobile workforce. 

On the other hand, where a global approach is adopted, businesses need to ensure that their global policies are enforced and applied appropriately in the specific jurisdictions and are complaint with local laws and best practice. Where this does not happen, there can be unintended consequences that undermine the project of eliminating harassment and discrimination in the workplace. 

It is crucial for employers to be clear in their approach and regularly review and adapt their anti-harassment policies and procedures meet best practice as well as both international and domestic obligations. These policies should also always be reviewed together with, and supported by, additional and supplementary policies or procedures such as those protecting reporting and accused persons, regulating workplace discipline and guarding against reprisals. They should also always be crafted to be workplace and context specific to ensure they are meaningful. 

Co-written by Sarah Khasawneh, Alex du Plessis, Rati Thobejane of Pinsent Masons