Harcèlement Sexuel

Harcèlement Sexuel

Sexual harassment is defined as conduct of sexual nature or based on sex by which the perpetrator knowingly affects or should know that he/she affects the dignity of a person in the workplace provided that one of the following conditions is met: the behaviour is inappropriate, abusive and hurtful; the behaviour creates a feeling of intimidation, hostility or humiliation for the victim; and refusing or accepting the behaviour affects the employee’s rights in matters of professional training, employment, continuation of employment, professional promotion, remuneration or any other decision relating to employment.

Harassment on the basis of sex and sexual harassment are considered a form of discrimination. Employers are required to take all the preventive measures necessary for the protection of victim's dignity in the workplace. These measures usually include provision of information to employees regarding sexual harassment. Employers are further required to do whatever is necessary to immediately stop any act of sexual harassment that they become aware of.

A victim of sexual harassment must inform the employer of alleged acts of harassment to enable the employer to investigate the matter. An employee may not be subjected to punitive measures for protesting against or refusing an act of sexual harassment or giving evidence of these facts. Punitive measures taken against a victim of sexual harassment including dismissal are void. 

A victim of sexual harassment may resign on the basis of sexual harassment (as a gross misconduct on the part of employer). The victim may terminate the employment contract with immediate effect and employer has to pay damages to the employee if the court considers resignation as justified.

sources: §245 of Labour Code 2006, last amended in 2017