Report on Sexual Harassment in the Workplace in EU ... - UNECE

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CHAPTER 3 Legislative Provisions, Case Law and Working Definitions 3.1 Employment Legislation dealing with Sexual Harassment / Harassment based on Sex Ministerial and specialist bodies were required to provide information on employment legislation dealing with Sexual Harassment / Harassment based on Sex. Twenty three of the twenty five countries surveyed stated that they had employment legislation dealing with Sexual Harassment / Harassment based on Sex. Greece and Latvia did not have existing employment legislation in place. However Latvia specified that a draft amendment of the Labour Law 2004 was currently before its Government and will deal explicitly with sexual harassment. Of the twenty three countries that indicated that they had employment legislation that dealt with sexual harassment, eighteen stated that their employment legislation dealt with the matter explicitly and a further four countries stated that the legislation dealt with it implicitly (Italy, Estonia, Spain and the UK). Denmark did not specify. Finland specified that there was no explicit definition in the wording of the law, but the explanatory memorandum to its legislation includes an explanation of what is meant by sexual harassment. Sixteen countries provided the definition of Sexual Harassment / Harassment based on Sex from their employment legislation. Denmark referenced its relevant legislation but provided no further information. The responses by country are summarised in Table 3.1. Table 3.1 Employment Legislation dealing with Sexual Harassment /Harassment based on Sex Country Employment Legislation Dealing with Sexual Implicitly / explicitly Countries with Harassment / Harassment based on Sex deals with Sexual legislation Harassment / defining Sexual Harassment based Harassment on Sex Austria Federal Equal Treatment Act Explicit ✓ Belgium Law relating to the Protection Against Violence and Moral Explicit ✓ and Sexual Harassment at Work of June 11 th 2002 which is included in the law relating to the well-being of workers when carrying out their work (August 4 th 1996) Cyprus The Equal Treatment for Men and Women in Employment Explicit ✓ and Vocational Training Law (No. 205) 2002 Czech Republic Labour Code 2004 Explicit ✓ 9
10 <strong>Report</strong> on Sexual Harassment in the Workplace in EU Member States Table 3.1—continued Country Employment Legislation Dealing with Sexual Implicitly / explicitly Countries with Harassment / Harassment based on Sex deals with Sexual legislation Harassment / defining Sexual Harassment based Harassment on Sex Denmark Gender Equality Act (Consolidation Act No. 553 of Not specified Not specified July 2 2002) Estonia Gender Equality Act (came into force 1st May 2004) Implicit ✘ Finland Act on Equality between Women and Men (1986) Implicit (1986) *Memorandum to Act on Equality between Women and Men as amended Explicit (1995) the 1995 Act 1995 explicitly defines sexual harassment France Law on the Reform of the General Provisions to the Explicit ✓ Penal code (1992) Law on Social Modernization (2002) Law on Sexually Oriented abuse of Power within Working relationships (1992) Germany Law to Protect employees from Sexual Harassment in Explicit ✓ the Workplace (1994) Greece No Relevant Employment Legislation Hungary The Labour Code (No.22, 1992) and Act on Equal Explicit ✓ Treatment and the Promotion of Equal Opportunities Ireland Employment Equality Act 1998 Explicit ✓ Italy Act No. 903912/77 also Act No. 125 and Legislative Implicit ✘ 6 Decree 196 (2000) Latvia No Relevant Employment Legislation Draft amendments to the Labour Code currently before Parliament (Explicitly in amendments/ Definition not provided) Lithuania Article 2 p.5 of the Lithuanian Law on Equal Explicit ✓ Opportunities (1998) Statute of the Armed forces Discipline (1999) Luxembourg Law on Protection Against Sexual Harassment within Explicit ✓ the Relationships Malta Employment and Industrial relations Act (2002) Explicit ✓ The Netherlands Working Conditions Act (1998) Explicit ✓ Regulation on Sexual Harassment of Civil Servants (1994) Poland Article 183a of the Polish Labour Code Explicit ✓ Portugal Article 24 (Harassment) of Law No.88/2003 of the Explicit ✓ Portuguese Labour Code The Slovak Republic The Slovak Labor code (Article 13, sub paragraph 4) Explicit ✘ 7 6 Discrimination is defined but not explicitly sexual harassment. 7 ‘‘Harassment’’, rather than ‘‘sexual harassment’’ is defined.
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Page 6 and 7: Table of Contents Acknowledgements
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APPENDIX 1 Abbreviations List of Ab
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APPENDIX 3 Membership of the High L
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