Your boss brushed off your harassment complaint. You now have a tribunal that can order him to pay RM250,000.
For decades the answer to "my colleague is harassing me" in Malaysia was depressingly circular. Complain to HR. HR investigates its own company. HR decides nothing happened. Your options after that were a civil suit most people can't afford, or leaving.
That changed on 8 March 2024, when the Tribunal for Anti-Sexual Harassment — TAGS — began operating under the Anti-Sexual Harassment Act 2022.
It is not perfect and it's not fast enough for everyone. But it's a real forum, it's cheap, it's closed to the public, and it can order a perpetrator to apologise, attend counselling, and pay you up to RM250,000.
You have two separate routes and they don't cancel each other out. Your employer has duties under Part XVA of the Employment Act 1955 — they must properly consider a complaint. Separately, you can file directly with TAGS for any harassment occurring on or after 8 March 2024, regardless of what your employer did or found. TAGS aims to decide within 60 days of the first hearing, awards are enforceable as court orders, and compensation can reach RM250,000.
1. What counts as sexual harassment
The Act defines it broadly: any unwanted conduct of a sexual nature, in any form — verbal, non-verbal, visual, gestural or physical — directed at a person, which is reasonably offensive or humiliating or a threat to their wellbeing.
Read that list again, because Minister Nancy Shukri has made the point publicly: many Malaysians don't realise harassment covers visual and gestural conduct too, not just touching or explicit propositions.
So it includes:
- Comments about your body, appearance or sex life
- Persistent requests for dates after you've said no
- Sending explicit images or messages
- Staring, leering, gestures
- Displaying sexual material where you have to see it
- Unwanted touching, brushing past, hugs
- Sharing intimate images without consent
Two things people wrongly assume disqualify their complaint:
It doesn't have to be physical. It doesn't have to be your boss — a colleague, a subordinate, a client or a contractor can all be respondents.
And as Nancy Shukri put it, sexual harassment is a matter of rights, safety and community wellbeing — not "just a joke" or a private matter. "Dia bergurau je" is the most common thing said to Malaysian complainants and it is not a legal defence.
2. Route one: your employer
Since 2012, sexual harassment provisions have sat in Part XVA of the Employment Act 1955. This route covers complaints made by an employee against another employee, by an employee against the employer, or by an employer against an employee.
Your employer is required to properly consider a complaint rather than dismiss it out of hand. If they refuse to inquire, the matter can be referred to the Labour Office (Jabatan Tenaga Kerja), which can direct the employer to investigate.
Practical guidance for making an internal complaint:
- Put it in writing. Email creates a timestamped record; a conversation doesn't.
- Keep a copy outside the company system — forward to your personal email.
- State facts: dates, times, locations, what was said or done, who else was present.
- Ask for a written response and a timeline.
- Keep every reply.
Why documentation matters more than feeling heard: if this later goes to TAGS or the Industrial Court, the record of what you reported and how the employer responded becomes central evidence.
On dismissal. If you're dismissed after complaining, that's an Industrial Relations Act 1967 matter — unfair dismissal, heard in the Industrial Court. And employers do act on harassment findings: in Wong Qi Sheng v Eurofins GSC IT Malaysia Sdn Bhd (Award No 660 of 2026), the Penang Industrial Court upheld the dismissal of an employee for sexual harassment and insubordination.
Note the structural problem, which legal commentators have flagged: TAGS and the Industrial Court operate independently, and there's no mechanism resolving what happens if they reach inconsistent findings. That gap hasn't been tested.
3. Route two: TAGS, and this is the one most people don't know about
TAGS was established under section 3 of the Anti-Sexual Harassment Act 2022 (Act 840), operating from 8 March 2024.
Key features:
- It covers harassment occurring on or after 8 March 2024. Earlier incidents fall outside its jurisdiction.
- Not limited to the workplace — it covers harassment anywhere in everyday life, though workplace cases are its most common application.
- You file it yourself, as the complainant. You'll present your own evidence and testify.
- Hearings are closed to the public, before a three-member panel including at least one woman.
- Target of 60 days from the first day of hearing to decision.
- Standard of proof is balance of probabilities — the civil standard, not the criminal "beyond reasonable doubt".
- You can go to TAGS even if you already complained internally, and regardless of what your employer concluded.
That last point is the important one. An internal investigation clearing the person does not close the door.
What TAGS can order under section 20:
- A written statement of apology from the respondent
- Publication of that apology (relevant where the harassment was public)
- Compensation or damages up to RM250,000
- Attendance at a programme the Tribunal considers necessary
- Any ancillary order it thinks fit
Awards are treated as court orders. They're final and binding, and must be complied with within 30 days. Non-compliance is an offence carrying fines and/or imprisonment, and the award can be enforced through civil execution proceedings.
On lawyers: the position is nuanced and sources describe it differently. The general design is that parties represent themselves — part of what keeps it accessible and cheap. The Act as passed allows legal representation where the matter involves complex issues of law, and if one side is represented the other is entitled to be too. Some official materials still describe hearings as conducted without lawyers. Check the current position with the Tribunal when you file.
4. Does it actually work?
Fair question, and there's now data rather than just intentions.
From 8 March 2024 to 7 June 2026, TAGS received 99 complaints, with 80 resolved within 60 days of the first hearing. Nineteen remained in process.
Ninety-nine is a small number for a country of 34 million, which tells you more about underreporting than about the tribunal. Nancy Shukri acknowledged directly that Malaysians tend to bury the issue, treating it as too sensitive and preferring silence over pursuing it.
The case that proves the machinery works came on 10 June 2026. The Kuala Lumpur High Court upheld a TAGS award in a case involving a woman whose ex-boyfriend distributed her intimate images on social media without consent. The award, dated 1 August 2024, required him to apologise in writing, attend counselling, and pay RM60,000 in damages.
Two things that case establishes. TAGS covers digital harassment, including image-based abuse. And its awards survive High Court scrutiny — this isn't a paper tribunal.
Filing got easier this year. The e-TAGS electronic complaint system launched on 1 January 2026 at etags.kpwkm.gov.my, handling filing, management, hearings and records digitally, with complaint fees payable online through the JANM iPayment gateway.
What to actually do
Right now, if it's happening:
- Write it down. Date, time, place, exactly what was said or done, who saw it. Do it the same day while it's precise.
- Preserve evidence. Screenshot messages with visible sender and timestamp. Keep emails. Back everything up somewhere that isn't your work laptop or work email.
- Tell someone you trust and note that you told them, and when. Contemporaneous disclosure matters as evidence.
- You do not have to confront the person. No law requires you to tell a harasser to stop before you can complain.
Making the complaint:
- Internal complaint in writing to HR or your employer, keeping a copy externally.
- If the employer refuses to inquire, raise it with the Labour Office.
- Separately or afterwards, file with TAGS — etags.kpwkm.gov.my — for anything on or after 8 March 2024.
- If you were dismissed after complaining, that's a separate Industrial Court claim with its own filing deadline. Get advice quickly.
Support:
- Talian Kasih 15999 (24-hour) or WhatsApp 019-261 5999
- Women's Aid Organisation and All Women's Action Society (AWAM) provide free confidential support and can help you think through options
- If there's been physical assault, that's a police matter as well — a criminal report doesn't stop you also going to TAGS
FAQ
Can I go to TAGS if HR already investigated and cleared him?
Yes. Filing with TAGS is not blocked by an internal complaint or its outcome.
How much does it cost?
TAGS was designed as a low-cost alternative to civil court, with fees payable online through e-TAGS. Far cheaper than a civil suit.
What if the harassment happened in 2023?
TAGS covers incidents on or after 8 March 2024. For earlier conduct, ask a lawyer about civil claims or, where applicable, Employment Act and Industrial Court routes.
Do I need a lawyer?
The tribunal is designed for self-representation. Representation is contemplated where complex legal issues arise, and if one party has a lawyer the other is entitled to one. Confirm the current position when filing.
Will my employer find out?
TAGS hearings are closed to the public. But a respondent who is a colleague will know, and evidence may involve workplace witnesses. Think about this and get support before filing.
Can I be sacked for complaining?
Dismissal for making a complaint would be contestable as unfair dismissal in the Industrial Court. Document everything, including the timeline between complaint and any adverse treatment.
Does it cover harassment by a client or customer?
The Act isn't limited to the workplace or to employment relationships, so harassment by a client can fall within it. Your employer also has safety obligations toward you.
What if he shared intimate images of me?
That falls within TAGS — the June 2026 High Court decision upheld a RM60,000 award for exactly this. It may also be a criminal matter; consider a police report as well.
This article is general legal information, not legal advice, and reading it does not create a lawyer–client relationship.
TAGS is a relatively new tribunal and its procedures — including the rules on legal representation, fees and filing — have been evolving, so confirm current requirements with the Tribunal or the e-TAGS portal before filing. Time limits apply to Industrial Court claims in particular. If you've been physically assaulted, that is a police matter and you should not delay reporting it.
If you're dealing with this right now: Talian Kasih 15999 (24 hours), WhatsApp 019-261 5999. What happened is not your fault, and there is a process that has worked for other people.
Spot something outdated or wrong? Tell us — we’ll verify and correct it, with the correction noted.
Key sources (8) — how this was verified
- TAGS official portal (KPWKM) — jurisdiction from 8 March 2024, balance of probabilities standard, e-TAGS: https://tags.kpwkm.gov.my/portal
- MKN — section 20 remedies, RM250,000 cap, closed hearings, three-member panel, 30-day compliance, enforcement: https://www.mkn.gov.my/web/ms/2026/03/12/tribunal-anti-gangguan-seksual-tags/
- Sinar Harian, 11 June 2026 — 99 complaints, 80 resolved within 60 days, e-TAGS launch 1 January 2026, Nancy Shukri remarks: https://www.sinarharian.com.my/article/783408/berita/nasional/tribunal-bagi-antigangguan-seksual-selesaikan-kes-dalam-tempoh-60-hari
- FMT, 10 June 2026 — High Court upholds TAGS award, RM60,000 plus apology and counselling, intimate image distribution: https://www.freemalaysiatoday.com/category/bahasa/tempatan/2026/06/10/mahkamah-kekal-award-tags-bekas-teman-lelaki-perlu-bayar-rm60000
- HHQ — Employment Act 1955 vs ASHA 2022 comparison, 60-day target, panel composition, remedies: https://hhq.com.my/posts/navigating-sexual-harassment-complaints-in-the-workplace-employment-act-1955-vs-anti-sexual-harassment-act-2022/
- Herbert Smith Freehills — ASHA definition, ability to file despite internal grievance outcome: https://www.herbertsmithfreehills.com/notes/employment/2023-12/malaysia-anti-sexual-harassment-act-2022
- Business Today, May 2026 — TAGS/Industrial Court jurisdictional gap, Wong Qi Sheng v Eurofins GSC IT Malaysia, Award No 660 of 2026: https://www.businesstoday.com.my/2026/05/05/sexual-harassment-pursuing-justice-in-the-industrial-court-and-anti-sexual-harassment-tribunal/
- Baker McKenzie / Global Compliance News — legal representation where complex issues of law arise: https://www.globalcompliancenews.com/2023/04/04/https-insightplus-bakermckenzie-com-bm-dispute-resolution-malaysia-update-to-the-anti-sexual-harassment-act-2022_03312023/