Developments in the prevention and combating of gender-based harassment and bullying in the workplace

The workplace harassment methodology was adopted last October, and employers have been given six months to implement the rules internally, meaning that from 17 April 2024 will have to demonstrate to labour inspectors how they are applying the methodology, who the designated responsible persons are and that they are actively participating in the prevention of harassment in the workplace.

Key points:

• The methodology on preventing and combating harassment in the workplace is mandatory for all employers, regardless of the number of employees, in both the public and private sectors.
• Harassment means any conduct towards an employee by another employee who is his or her immediate supervisor, by a subordinate and/or by a hierarchically comparable employee, in connection with the employment relationship, which has the purpose or effect of adversely affecting working conditions by violating the employee’s rights or dignity, impairing the employee’s physical or mental health or jeopardizing the employee’s future employment, manifested in the form of hostile or unwanted conduct, verbal comments, actions or gestures.
• Stress and physical exhaustion fall under the definition of workplace bullying.
• Employer prerogatives that do constitute harassment: direct supervision of employees, taking action to correct performance deficiencies, taking reasonable disciplinary action, assigning work duties, requesting updates and reports, approving, or denying requests for time off.
• The law does not state that for harassment, bullying or discrimination at work to have occurred there must have been repeated or systematic acts thereof, with it instead being necessary to judge each situation in light of the concrete manner in which the conduct in question occurred and taking account of the consequences.

Source: 2023 Methodology for Prevention and Combating of Gender-based Harassment and Moral Harassment in the Workplace