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

Legislative Provisions, Case Law and Working Definitions 23
Luxembourg:
Luxembourg provided the following list of other legislation dealing with sexual harassment.
Again the manner in which they regulate sexual harassment is not described.
■ Article 4, paragraph. 3, point 5 of the law dated 12 June 1965 on collective agreements,
as amended by the law dated 26 May 2000. As a result of the application of Article 4,
paragraph 3, point 5, all collective agreements are obliged to provide for a declaration
of principles concerning sexual harassment and the disciplinary sanctions which can
be taken.
■ The Law dated 17 June 1994 on Health and Safety of Employees at Work. This Law
does not deal explicitly with sexual harassment.
■ The Penal Code which without dealing specifically with sexual harassment represses
certain types of behaviour which can be an instance of sexual harassment.
■ Law dated 24 May 1989 on Employment contracts implicitly provides for tools to
combat sexual harassment.
Malta:
The Gender Equality Act 2003 provides that it is an offence to subject another person to any
act of physical intimacy; or to request sexual favours; or to do any act with sexual connotations
(including spoken words, gestures or the production, display or circulation of any written
words, pictures or other material) where the act, words or conduct is unwelcome to persons
to whom they are directed and could reasonably be regarded as offensive or humiliating to
the persons to whom they are directed.
The Netherlands:
The article on sexual harassment in the law on sexual harassment is part of the Working
Conditions Act (1998). The implication of this is that, regarding all articles in this Working
Conditions Act, employers are by definition liable for the wellbeing and care of their
employees. The employer has an obligation to provide information about all the matters in
relation to occupational safety and health (working conditions). One of these matters is the
prevention of sexual harassment and (all forms of) aggression and violence. In doing this, both
employer and employees become responsible for good working conditions. The employer also
has the obligation to undertake a risk assessment. One of the topics in this assessment is
‘sexual harassment’. On the basis of this assessment an evaluation and plans to tackle the
issue have to be made. These plans must be approved by OSH services (Health and Safety
Executive).
Portugal:
The Penal Code (Article 163 — Sexual Coercion) provides that:
Whosoever, using violence, or serious threat or after having rendered a person, for this
purpose, unconscious or unable to resist, forces that person to endure or carry out,
together or with a third party, indecent assault, shall be punished with a prison sentence
of 1 to 8 years.
Whosoever, by abusing the power vested in him under a relationship of hierarchical,
economic or employment dependency, forces another person, by means of an order or