HARASSMENT AND VIOLENCE AT WORK (law 4808/2021)

 

  1. POLICY OF HARASSMENT AND VIOLENCE PREVENTION AND FIGHTING

In application to the law 4808/2021, the existence and application of Policies for the prevention of Violence and Harassment are enacted for the first time.

The existence of specific Policies is defined as mandatory for businesses employing more than twenty (20) employees. The policies should definitely include the employer’s statement for zero tolerance in violence and harassment phenomena.

Moreover, they should also include the rights and the obligations (both for employees and employers) for the prevention and fighting of similar incidents or behaviors.

The policy against violence and harassment includes the following:

  • Assessment of the related risks at work,

  • Measures for the prevention, the control, the restriction, the fighting and the monitoring of similar incidents or behaviors and risks,

  • Definition of the linked-person, that is the competent person for the guidance and updating of employees regarding similar issues,

  • Care for the protection of the employment and the support of employees-victims of domestic violence.

 

  1. WORK REGULATION

The subject-matter of the WorkRegulations is the regulation of the labor relations during their execution, starting with the employee’s entry in the business and ending with the finalization of the labor relation.

By explicit provision of the law, it is mandatory for the businesses, regardless of their legal form and the natural or legal person where they belong, in case they employ more than 70 employees, to draw up a Work Regulation, according to the current provisions, that will regulate the relations configured while executing the work between the employees and their staff, related with private law labor agreement.

In case the business is obliged to draw up a work regulation according to the current provisions and fails to observe this obligation, the administrative sanctions of the article 24 of the law 3996/2011 are imposed.

In conclusion, it results that the formation of Work Regulation is mandatory and interdependent to the needs and the priorities of each business.

In the case of your company, the formation of work regulation is recommended, in order to regulate the following:

  • Starting and ending hours for the daily work

  • Voluntary granting of certain benefits by the employer, e.g ranking benefits, out-of-office allowances and, in general, benefits or allowances either not regulated by the current provisions of the labor legislation or the valid Collective Agreement

  • Chance to implement double-working or overtime

  • Monitoring of attendance and exit (Signatures in presence books etc),

  • Obligation to use special uniform during the execution of the work,

  • Adjustment of the employees’ attitude towards the customers and other employees (conflicts, conversations, smoking etc)

  • Promotion of the staff following the business hierarchy

  • Promotional process and general process in the service status of the employees (employments, relocations, transfers etc) and mainly

  • The essential issue for the imposition of disciplinary penalties always and indispensably in combination with the registration of disciplinary offences, since there is no disciplinary penalty without matching disciplinary offence in our labor law.

 

  1. TRAIING OF THE HUMAN RESOURCES DEPARTMENT REGARDING ISSUES OF APPLICATION OF THE REGULATION OF VIOLENCE, HARASSMENT AND CRISIS MANAGEMENT POLICY

In application to the law 4808/2021, the training and education of the business staff regarding the frame for the prevention, the fighting and the management of violence and harassment at work is mandatory.

The staff training is recommended in order to:

  • Prevent harassment, discriminations and retaliation,

  • Prevent violence at work, and assure health and safety in general.

  • Inform the staff about the legislation

  • Sensitize the staff aiming at zero tolerance in violence and harassment phenomena

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