|
Protection from sexual harassment
The law is aimed at preventing violence, harassment and sexual harassment at work and protecting employees. It applies to both the public and private sectors. It is directed at employers, employees and other people present at the place of work, such as suppliers and service providers.
The law makes the employer jointly responsible for violence and harassment at work. Violence at work includes any physical or mental nuisance, threatened or applied. Harassment is any wrongful and repetitive behaviour, such as conduct, words, threats, actions, gestures and unilateral documents which results in the personality, dignity or physical or mental integrity of the employee when carrying out his/her work being affected or in a threatening, hostile, offensive, degrading or harmful environment being created. Sexual harassment at work is any form of verbal, non-verbal or physical behaviour of a sexual nature which the person who is responsible for knows or should know violates the dignity of men and women at the workplace.
In line with the nature of the activities and the size of the company, measures must be taken to protect employees. These may involve: the physical adaptation of the workplace so as to prevent violence, bullying or sexual harassment at work; the introduction of facilities for victims to obtain help and to approach the prevention adviser or confidential counsellor; prompt and impartial investigation of relevant situations; victim support; measures to care for victims and to enable them to return to work; stipulation of a duty at all levels of the chain of command to prevent instances of violence, bullying and sexual harassment at work; and worker information and training.
The employer's measures are included in the rules of procedure. These rules also outline the complaints procedure and contacts (prevention adviser and possibly confidential adviser).
An employee who claims to have been the victim of violence or harassment at work should go to the confidential adviser, the prevention adviser or the labour inspectorate, who will attempt to reconcile the parties; otherwise, he or she may submit a reasoned complaint to these persons. Before taking the matter to court, the victim must first involve the confidential adviser, the prevention adviser, the labour inspectorate or the local police. The burden of proof is reversed: the defendant has to show that no violence or harassment occurred.
If acts of violence are noted, then the employer must take the appropriate steps to stop them. Appropriate psychological support must be available. An unjustified complaint can never result in the employee losing their protection against dismissal.
Small companies (up to 50 employees) must call in an external agency.
The employer must record statements from victims of violence, harassment or undesirable sexual behaviour at work committed by visiting members of the public.
No rights can be derived from this text.
See also the employer's rules of procedure.
Information also available from trade unions and the Inspection des lois sociales (Social Acts Inspectorate).
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
|
