Discrimination due to gender is not defined only as salary or for equal advancement at work but includes harassment and sexual harassment which is prohibited in article 12 of the said Laws and defines as primarily responsible for dealing with sexual harassment (preventive and repressive) at work the employer or co-responsible as a whole with the person involved in it as stated in her presentation by Alexia Chatzikoumi, Labor Officer, Department of Labor of the Ministry of Labor before members of SELK.
The above legislation notes that is directly linked to the Maternity Protection Laws of 1997 to 2021 since discrimination due to pregnancy or due to family status respectively against a working woman constitutes direct discrimination due to gender and is also examined based on the provisions of the Equal Treatment of Men and Women in Employment and Professional Law Education.
Protection from Sexual Harassment under Article 12 means any unwanted conduct of a sexual nature, expressed by reason or action, which has the purpose or effect of offending the dignity of a person, in particular when it creates an intimidating, hostile, humiliating or aggressive environment, during employment or vocational training and training or in accessing employment or vocational education or training.
Elements of the offence
• Undesirable to the recipient
< p>• Conduct of a sexual nature
• Expressed in words or actions
• Has a purpose or effect
Unwanted behavior is considered to be any behavior that is unpleasant and offensive to the recipient, regardless of whether such behavior is isolated or repeated. It also does not matter how the perpetrator perceives his behavior toward the recipient, nor does the recipient need to inform the perpetrator that his behavior is undesirable. The intention, at the same time, of the perpetrator is indifferent, as well as the reaction of the recipient, which can differ from person to person. What matters is that one of the recipients of the behavior perceived it as unpleasant or offensive to him/her.
In practice such unwanted behaviors of a sexual nature can be:
• Verbal/verbal (e.g. unnecessary intimacy, sexual comments, jokes, immoral and offensive comments about gender, framing discussions on sexual topics, insensitive questions about personal or sex life, sexual innuendo, confession, flirting, compliments, etc.)
• Non-verbal/verbal (e.g. unwanted touching, unnecessary approach, intentional too close physical distance, etc.)
• Visual (e.g. persistent or lustful looks, meanings , monitoring of personal life, etc.)
• Other behaviors (e.g. written inquiries or comments of sexual content, related phone calls and messages, etc.).
The “average reasonable person” criterion
• The conduct could be regarded, in the circumstances, by an average reasonable person, as offensive, degrading, humiliating or intimidating to the victim
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The ban on sexual harassment is absolute – Article 12 of the Law
• Prohibits any act that constitutes sexual harassment as above
• Prohibits the taking of any decision to treat you adversely, for the reason that you resisted or succumbed to sexual harassment or harassment
Protection in cases of sexual harassment Special reference to article 12:
• Prohibits sexual harassment and the victimization of the person who reports sexual harassment
• Specifies how to be handled by the employer and
• Defines its responsibility
By whom the harassing behavior is manifested
• Supervisor, Hierarchical superiors
• Colleague
• Other persons with responsibilities related to professional orientation, education, training, training, etc. referred to in this Law.
• From a service provider employed by the employer.
Obligations of Employers
• Preventive Article 12(4)
• Punitive Article 12 (3)
Methods of a preventive nature
•Taking every appropriate and timely measure to prevent such actions
• Adherence to the Code of Conduct and with sufficient practical measures for its implementation.
Code of Conduct L.86(Ι)/2021
• Elaboration of a code by employers and/or their representatives as provided for in the relevant provisions of the Law, (articles 7 and 8 and 10) of legal persons or organizations
• It is drawn up in an understandable manner and includes the minimum elements included in subsection (6) of article 12 such as:
•Description of its scope.
• the definitions of the punishable acts of sexual harassment, harassment, unwanted behavior and other related behaviors.
• description of the behaviors that constitute the objective and subjective nature of the punishable acts.
• the possibility of submitting complaints and complaints to competent bodies.
• the relevant obligations of employers, employees, trade unions.
• the measures and the procedure for dealing with behaviors that constitute punishable acts. and
• anything else deemed necessary, so that it is effective and fulfills the purpose for which it was drawn up:
• It is provided that, in every legal person or organization, a three-member committee with authority to enforce the code of conduct and/or regulate any other matters arising from its application:
• It is further provided that, where due to the size of the relevant legal entity or organization, it is not possible to establish a three-member committee, in accordance with the above, the said authority is assigned to a designated official thereof.
Repressive methods
The employer's knowledge of the actions is a prerequisite. Taking every appropriate measure to stop and not repeat the sexual harassment/harassment and remove its consequences. Non-observance of the above, according to the wording of article 12. “Otherwise… they are fully jointly responsible with the person who committed the acts in question” Retaliatory actions against employees, trainees or candidates Article 17
In the event that the employer takes retaliatory actions either against the victim or against a person who supported the victim in the context of a complaint either judicially or extrajudicially such as: – dismissal – adverse change in an employee's employment conditions due to a complaint or protest, – harmful change in the employment conditions of an employee due to having repelled sexual harassment Consequence: The above actions are absolutely invalid/Right to apply to the Labor Court for reasonable compensation and re-employment
Protection Mechanisms according to Law 205(I )/2002
• Labor Department Equality Inspectors
• Complaint to the Equality Authority of the Office of the Administrative Commissioner
• Gender Equality Committee in Employment and in professional training
• Application to the Labor Disputes Court
• Complaint to the Police in case of SP
Criminal liability
Article 30 Law 205(I)/2002 for the identification of offenses in violation of articles 7 to 12 and 17 requires (a) proof of a guilty mind (mens rea), ie there must be intent. Penalty up to 10,000 euros fine or imprisonment up to 3 years or with both penalties if the act is not punished more severely by other provisions or (b) gross negligence. Penalty up to 5,000 euros fine if the act is not punished more severely by other provisions.
