Harassment - Violence

What is the scope of the legislation on violence and harassment at work?

It concerns employees and employees in the private sector, irrespective of their contractual status, including project contractors, independent service providers, paid staff, third-party service providers, as well as trainees, including trainees. apprentices, volunteers, employees whose employment has ended, as well as jobseekers and workers in the informal economy.

What is considered as a form of violence or harassment?

"Violence and harassment" means forms of conduct, acts, practices or threats thereof which are intended, lead or may result in physical, psychological, sexual or financial harm, whether manifested individually or repeatedly.

"Harassment" means forms of conduct which have as their object or effect the violation of the dignity of the person and the creation of an intimidating, hostile, degrading, humiliating or aggressive environment, whether or not they constitute a form of discrimination, including sexual harassment or other grounds of discrimination.

"Sexual harassment" means the forms of conduct associated with a person's sex which have as their object or effect the violation of that person's dignity and the creation of an intimidating, hostile, degrading, humiliating or aggressive environment under article 2 of the Law 3896/2010 (AD 107) and par. 2 of article 2 of Law 4443/2016 (AD 232). These forms of behavior include the sexual harassment of Law 3896/2010, as well as forms of behavior related to sexual orientation, expression, identity or gender characteristics of the person.

For the purposes of this application, acts of violence and harassment against the persons referred to in Article 3 may take place in particular:

(a) in the workplace, including public and private spaces and areas where the employee provides work, receives remuneration, takes breaks in particular, for rest or food, in personal hygiene and care areas, locker rooms or accommodation provided by the employer;

(b) commuting to and from work, other commuting, travel, education, and work-related events and social activities; and

(c) in work-related communications, including those carried out through information and communication technologies.

What are employer's obligations to prevent and deal with violence and harassment?

Every employer, regardless of the number of employees, as well as the persons who exercise the managerial right or represent the employer are obliged to:

(a) receive, investigate and manage any complaint or report showing zero tolerance for violence and harassment, in confidence and in a manner that respects human dignity, and does not interfere with the receipt, investigation and management of complaints; or of these reports,

(b) provide assistance and access to any competent public, administrative or judicial authority in the investigation of such incident or conduct, if requested by them;

(c) provide employees with information on the potential risks of violence and harassment in the workplace and on the relevant prevention and protection measures, including the obligations and rights of employees and the employer in such cases;

(d) post in the workplace and make accessible information on company-level procedures for reporting and dealing with such conduct, as well as contact details for the relevant administrative and judicial authorities in accordance with the provisions in force.