The dramatic increase in violence and harassment at work, has led the European Union to take measures to restrict these phenomena.

Thus, the Law 4808/19.06.2021 endorsed ‘Convention n190’ of the International Labour Organization (ILO) as a result of a more systematic effort to investigate, record and include in a modern definition, all forms of harassing behaviors in the workplace, including sexual harassment.

Findings of a recent survey (ActionAid-UK, 2020) in the general population revealed that:

·      85% of women report having experienced sexually harassment,

·      1 in 10 women have been victims of attempted sexual harassment or rape.

·      18% were forced to resign.

·      50% of the committer was a colleague.

·      56% of the cases occurred in office spaces.

On the said law the definition of the ‘violence and harassment’ is also defined as follows:

Violence & Harassment: They are all the individual or repeated forms of behavior, acts, practices, threats, that aim to lead to physical, psychological, sexual, or economic harm.

Gender harassment: The behaviors that are related to the sex of the person, age, employment status etc. (Law 3896/2010, Gazette A ́ 207 / 08.12.2010 – equal opportunities & equal treatment in matters of employment, Directive 2006/54 / EC-European Parliament, 5/7/2006).

Sexual harassment: Any form of unwanted verbal, psychological or physical behavior of a sexual nature is defined, resulting in the insult to the personality of the person, by creating scary, hostile, humiliating or aggressive environment (Law 3896/2010, article 2, & Law 4604/2019 article 22).

There are different types of Sexual Harassment thought and some of them are:

Physical: Unwanted touching, pinching, rubbing, squeezing in a narrow and unseen space, sexual assault.

Verbal (written or oral): Comments, sending suggestive letters, notes, invitations, jokes of sexual content, humiliating characterizations, sexual bribery in exchange of privileges (e.g. “I will give you a promotion if you have sex with me”).

Non-verbal: Sharing or publishing sexually inappropriate images or videos, offering gifts with sexual peaks, sexual gestures, sexually suggestive or offensive looks.

Digital / Electronics: Sending emails, messages on social media, spreading rumors about person’s sex life or orientation, via internet, posting of personal photos.

The places that the sexual harassment may take place are the workplace (including public-private places where the employee provides work, receives remuneration, takes a break, in personal hygiene areas, changing rooms), travel to and from work (business travels, education and social activities linked with work), and in the case of remote work using electronic means.

There are some cases which are not a ‘sexual harassment’ action, for example: A random joke or an unfortunate remark (unless they are followed by sexual comments or repeated and create a hostile work environment). Also, a behavior is considered offensive, not only by a particular employee, but also by an average person. For example, an employee may be offended by a colleague who opened the office door for her to pass. However, an average person would not find this offensive thus, this case is not a ‘sexual harassment’.

Prevention measures

Employers must take all necessary measures to prevent the occurrence of such behavior. According to the law, they must:

(a) to post at the workplace and make accessible the information on the procedures that exist at company level for reporting and dealing with such forms of conduct

(b) to receive, investigate and manage any relevant complaint or report with confidentiality and respect for human dignity, and

(c) to help and access to any competent public, administrative or judicial authority in the investigation of such an incident or conduct, if requested by them.

Businesses- employers that employ more than twenty (20) people are obliged also adopt a policy (sample can be found in Government Gazette 82063/22-10-2021) to prevent violence and harassment at work in which, zero tolerance for these forms of conduct is declared. The policy must also include: a written assessment of the risks stemming from the nature of the activity, sex and age or other characteristics constituting grounds for discrimination, the measures implemented for the prevention, control, reduction, and treatment of these risks, and the prohibition of revenge against the affected person.

The Occupational Doctor also, has enhanced responsibilities as he/she must: advice on work psychology, informs employees of the risks at work (including sexual harassment in both cases), and to provide emergency treatment in case of such incidents.

Victim’s rights & actions

Through the policy to prevent violence and harassment, the employer informs the staff that in case of such an incident, he/she has the following rights:

(a) Right to leave the workplace without salary deficiency (Law 4808/2021, art. 2, par. 3).

(b) Right to to have access to any competent authority (Law 4808/2021, article 12 par. 1).

(c) Right to judicial protection:  

-If the harassment comes from the employer (according to provisions of Law 4808/2021, articles 13 -14 and Law 3896/2010 and Law 3198/1955, article 6 par. 1), claiming the withdrawal of arrears of wages (Supreme Court Decisions: 1655/1999 and 743/1999 and Law 1936/2005).

-If the harassment comes from a colleague / Supervisor (according to provision of Law 420/2015 article 662, on the safety and hygiene of workplaces), who both are also liable for criminal liability in addition to the civil claims that can be brought against them, on the basis of:

(a) Criminal Code (article 337-4 of the violation of sexual dignity) “Whoever makes gestures of a sexual nature or proposals for the commission of sexual acts to a person who is dependent on him at work or taking advantage of the position of a person who has joined a recruitment procedure, shall be punished with imprisonment for up to three years.” and Criminal Code 343 par. a & b where the imprisonment of at least two years it is provisioned.

(b) Law 4808/2021 (article 333 par. 1) and Law 3896/2010 (article 3 par. 24): The violation of a prohibition of violence and harassment at work gives rights to a claim for full compensation of the affected person.

(c) Right to appeal, submit a complaint and an application for a labor dispute to the Labor Inspectorate (Law 4808/2021, article 16) within the framework of its statutory responsibilities, if he works in the Private Sector. 

Closing this article, here are some good practices for Employers to deal with a problem VS inefficient way of dealing with it.

For example, some good practices to deal with the problem are to protect the affected person against any proposals to do things that he does not want, to collect evidence in order to support the complaint (e.g. diary with details, letters, messages on the phone, e-mail, opinions from a psychologist or medical opinions) and if the harasser continues, he is called upon to first inform a trusted colleague (a potential witness) and then he can submit a written complaint within the company.

On the other hand, inefficient ways to deal with a harassment problem is to adopting the ‘nothing happens’ attitude, gossiping and creating rumors or adopting a provocative attitude.

Bibliography

• Ν.4808/2021
• Έρευνα ActionAid-UK (Νοέμβριος 2020, https://www.actionaid.org.uk/our-work/vawg/sexual-harassment)
• Ν.3896/2010
• ΦΕΚ 207/08.12.2010
• Οδηγία 2006/54 του Ευρωπαϊκού Κοινοβουλίου
• Ν.4604/2019, άρθρο 22 παρ.2
• ΦΕΚ 82063/22-10-2021
• Ν.2016/679-Παγκόσμιος Κανονισμός Προστασίας Δεδομένων
• Ν.3198/1955, άρθρο 6 παρ.1
• Αποφάσεις Αρείου Πάγου: 1655/1999 και 743/1999
• Ν.1936/2005
• Ν.420/2015, άρθρο 662
• Ποινικός Κώδικας, άρθρα 337-4
• Ποινικός Κώδικας, άρθρο 343, υπο-παράγραφος α &β
• Δικαστική απόφαση 1936/2005
• Ν.3896/2010, παρ.24
• Ν.3094/2003, άρθρο 4, παρ.4
• Ν.3488/2006, άρθρο 13, παράγραφος 8
• Ν.3896/2010, άρθρο 25, παρ.10