Bullying, sexual and gender-based harassment
Sexual and gender-based harassment can have varied consequenses and can have serious consequences for individuals, workplaces, and society in general. Individuals can for example experience worse health, more stress, depression, humiliation, irritability, and loss of income. It can increase staff turnover, employee absence and reduce productivity. All this damages the reputation of the workplace which can be hard to restore. For the society as a whole this can lead to inequality, gender pay gap and greater expenses.
The obligations of employers
Employers can be held accountable and have clear duties under the terms of the regulation on measures against victimisation, sexual harassment, gender-based harassment and violence in workplaces as stated in the regulation No. 1009/2015. The employer shall make a written plan on health and safety in the workplace and a risk assessment based on health and safety laws. Employers shall analyse the risk factors of bullying, sexual and gender-based harassment and violence in the workplace. Such situations include interactions between employees and managers, other employees, or clients.
A risk assessment shall include all possible tools and information to prevent bullying and harassment and to consider the mental and social impacts on the workplace during such a process.
It is essential that all employees and management are kept informed about the employer’s policy and what operations are implemented on cases of bullying and violence.
The employer shall identify risk factors of bullying, sexual and gender-based harassment and violence at the workplace
If incidents occur
If a complaint or a tip-off regarding victimisation, sexual harassment, gender-based harassment or violence is raised, the employer must respond to it as soon as possible. The employer shall assess the situation in collaboration with the safety representative and seek external help when needed.
The employer shall also ensure that, the employees involved are given the opportunity to express their points of view and that, the parties to the case are interviewed separately.
If the assessment of the situation reveals a reasonable suspicion that victimisation, sexual harassment, gender-based harassment or violence is occurring, or has occurred,the employer shall take measures in accordance with the written schedule on safety and health in the workplace.
The duties of employees
Employees must also follow the laws and regulations on victimisation, sexual harassment, gender-based harassment or violence. They may not victimise one or more employees or the management. An employee who fells that they have experienced victimisation, sexual harassment, gender-based harassment or violence in the workplace, or that they have a reasonable suspicion, or knowledge, of such conduct must inform the employer or the workplace’s safety representatives of this in accordance with the written safety plan of the workplace.
A booklet on sexual and gender-based harassment and violence in the workplace