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WORKPLACE HARMONY

Recognising and Preventing Workplace Harassment

Workplace harassment is a pervasive issue that affects employees across all industries and sectors in Europe. It can manifest in various forms, including sexual harassment, bullying, discrimination, and microaggressions, creating an environment of fear, stress, and decreased productivity. While the European Union and many individual countries have implemented laws and regulations aimed at preventing harassment, the problem persists, requiring continuous efforts from businesses and organizations to recognize and prevent it effectively.

Understanding Workplace Harassment

Workplace harassment is any unwelcome behavior or conduct that humiliates, intimidates, or abuses a person or group in the workplace. This can include verbal, physical, or psychological harassment. The European Commission defines workplace harassment as “unwanted conduct related to the sex of a person occurring with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating, or offensive environment” (European Commission, 2019).

Workplace harassment is not limited to interactions between employees; it can also involve managers, clients, and third parties. Harassment can be overt, such as explicit discrimination or sexual advances, or covert, like exclusionary practices or subtle derogatory remarks.

The Scope of the Problem in Europe

Research indicates that workplace harassment remains a significant issue across Europe. A 2019 Eurofound survey found that nearly 15% of workers in the European Union reported experiencing some form of workplace harassment within the previous 12 months (Eurofound, 2019). Women and minority groups, including LGBTQ+ individuals, are particularly vulnerable. For instance, the European Institute for Gender Equality (EIGE) reported that around 50% of women in the EU have experienced sexual harassment, with rates higher in certain countries and sectors (EIGE, 2020).

In addition to sexual harassment, workplace bullying is a growing concern. A study conducted in the Nordic countries revealed that about 8% of workers reported being bullied at work, with higher rates in sectors like healthcare, education, and social services (Einarsen et al., 2020). Bullying can lead to severe mental health issues, including anxiety, depression, and even suicide, underlining the critical need for effective prevention strategies.

Legal Framework in Europe

The European Union has established a comprehensive legal framework to combat workplace harassment. Key directives include the 2000/78/EC Employment Equality Directive, which prohibits discrimination on various grounds, including sex, sexual orientation, and age, and the 2006/54/EC Directive on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

In addition to EU-wide regulations, individual countries have their own laws and policies.

CROATIA:

In Croatia, workplace harassment is addressed comprehensively through several key legal frameworks. The Anti-Discrimination Act, first enacted in 2008 and amended in 2012, is a cornerstone of these protections. It prohibits both direct and indirect discrimination, encompassing various forms such as harassment, sexual harassment, incitement to discrimination, and the failure to make reasonable adjustments for employees. This Act also recognizes complex forms of discrimination, including multiple, prolonged, and repeated discrimination.

Complementing this, the Labour Act of 2014, with amendments in 2017 and 2019, explicitly forbids discrimination in all aspects of work and working conditions. It mandates that employers protect the dignity of employees, ensuring that no actions by managers, colleagues, or others constitute harassment or violate the legal protections in place.

Additionally, the Gender Equality Act, introduced in 2008 and revised several times (most recently in 2017), specifically targets gender-based discrimination. This Act prohibits exclusion or limitation based on gender, ensures protection for women against less favorable treatment due to pregnancy and maternity, and explicitly bans harassment and sexual harassment.

Employers in Croatia with over 20 employees are legally required to adopt by-laws addressing harassment, appoint a responsible party for handling complaints, and are held accountable if harassment occurs within their workplace. This responsibility extends to ensuring that employees have legal recourse to claim damages not only from the perpetrator but also from the employer, who may face fines if found complicit or negligent. Importantly, these legal protections apply broadly, covering not just traditional employment relationships but also various other areas of activity, ensuring comprehensive coverage for all workers.

GERMANY:

The General Act on Equal Treatment (AGG) in Germany is a comprehensive anti-discrimination law designed to foster equality in the workplace. Enacted to address both direct and indirect discrimination, it protects individuals against unfair treatment based on characteristics such as race, ethnicity, sex, religion, disability, age, and sexual identity. The AGG mandates that employers create a work environment free from harassment and discrimination, ensuring that pay for the same or equivalent work is not determined solely by sex. It covers employees, trainees, freelancers during hiring and promotions, and even platform workers if deemed employees. Remedies for victims include financial and immaterial damage compensation. Indirect discrimination, which occurs when a neutral policy disproportionately affects a protected group, is also prohibited unless objectively justified. Employers are accountable for preventing and addressing discrimination, with legal repercussions for violations.

POLAND:

In Poland, workplace harassment is effectively regulated through several key legal provisions. The Labour Code serves as the cornerstone of employment law, explicitly prohibiting direct and indirect discrimination, unequal treatment, harassment, and sexual harassment. These protections are primarily for employees, but a separate act extends similar safeguards to freelancers and contractors. The law covers a broad range of protected characteristics including sex, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, sexual orientation, and type of employment. Remedies available to employees include the right to terminate their employment without notice or to seek compensation, which must be no less than the national minimum wage (approximately EUR 630 as of 2022). Freelancers and contractors can also claim compensation without a cap. Persistent offenders of equal treatment rules may face criminal penalties. Employers are required to prevent discrimination and bullying through anti-discrimination policies, staff training, fair hiring practices, and internal investigations, although specific methods are not mandated by law.

 

Preventing Workplace Harassment

Preventing workplace harassment requires a proactive approach from employers, including clear policies, training, and a supportive workplace culture.

  1. Develop and Implement Clear Policies:
    • Organizations should create comprehensive anti-harassment policies that define what constitutes harassment, outline reporting procedures, and specify the consequences of such behavior.
    • Policies should be regularly reviewed and updated to ensure they comply with national and EU regulations.
  2. Provide Regular Training:
    • Training on recognizing, preventing, and responding to harassment should be mandatory for all employees, including management.
    • Training sessions should cover the legal framework, the organization’s policies, and practical scenarios to help employees understand how to identify and address harassment.
  3. Establish Reporting Mechanisms:
    • A safe and confidential reporting system is essential. Employees should feel secure in reporting incidents without fear of retaliation.
    • Consider multiple channels for reporting, such as online forms, hotlines, or designated HR representatives.
  4. Promote a Culture of Respect and Inclusion:
    • Fostering a workplace culture that values respect, diversity, and inclusion can help prevent harassment.
    • Encouraging open communication and addressing microaggressions can create an environment where harassment is less likely to occur.
  5. Take Immediate Action:
    • When harassment is reported, employers must act promptly and fairly. Investigations should be thorough, impartial, and confidential.
    • Appropriate disciplinary actions should be taken against those found guilty of harassment.
  6. Support Affected Employees:
    • Provide support to victims of harassment through counseling services, paid leave, or transfers to different departments if necessary.
    • Follow-up with the affected employee to ensure their wellbeing and prevent further harassment.

OTHER RESOURCES

This project has been funded by the Erasmus+ Programme of the European Union (Project N.  2022-3-DE04-KA210-YOU-000099662).

The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.