Violence & Harassment at Work

Violence & Harassment at Work

GeneralProhibition of retaliationImposition of administrative sanctions by the Labour InspectorateResolution of violence and harassment disputes before the Labour InspectoratePowers of the Labour InspectorateReversal of the burden of proofClaims by legal persons and associations of personsRights of affected persons. Consequences of violating the prohibition on violence and harassmentEmployer obligations to prevent and combat violence and harassmentProhibition of violence and harassment at work

Employer obligations to prevent and combat violence and harassment

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Every employer, regardless of the number of employed staff, as well as persons exercising managerial authority or representing the employer, is under a legal obligation to take specific measures to prevent and combat violence and harassment at work, to demonstrate zero tolerance for such incidents or behaviours when they arise and also when they are required to manage related complaints, and to provide information and training in accessible forms regarding risks, prevention, protection, and the obligations of those involved (Articles 5 to 8 of Law 4808/2021). It must be stressed that the obligation to provide the notice referred to in Article 5 of Law 4808/2021, which every employer is required to post in the workplace and make accessible for the purposes of preventing and combating violence and harassment at work, concerns in particular private-sector businesses / employers employing up to twenty (20) persons. A relevant template of that notice, which can be used by all interested parties, can be found below. It sets out the information the notice must include.

In addition to the above obligation, and the obligations set out in Articles 6–8 (within the framework of Law 3850/2010 – the Code of Occupational Health and Safety Laws), private-sector businesses employing more than twenty (20) persons are subject to the obligations in Articles 9, 10, and 11 of Law 4808/2021 to adopt policies both for the prevention and combating of violence and harassment at work and for the handling of internal complaints regarding incidents of violence and harassment, in accordance with the provisions set out in Ministerial Decision 82063/2021 (Government Gazette Series II, Issue 5059/1-11-2021) which was issued pursuant to the authorising provisions in Article 22(1) of Law 4808/2021, which includes a relevant model policy.

Finally, in the event that a violation by an employer subject to the obligations in Articles 5 to 11 of PART II of Law 4808/2021 is established, either as a result of an on-site inspection or a labour dispute, the administrative sanctions provided by Ministerial Decision 80016/2022 (Government Gazette Series II, Issue 4629/1-9-2022) of the Minister of Labour and Social Affairs can be imposed either by Labour Health and Safety Inspectors and/or by Labour Relations Inspectors (Article 19(1) of Law 4808/2021).

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