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(Sexual) harassment regulation at company level

(Sexual) harassment regulation at company level. Bernadette Mussche FGTB Belgium. Plan. Introduction What is (sexual) harassment and mobbing? How to detect sexual harassment and mobbing? Consequences for the victims Consequences for the organisation Consequences for the community

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(Sexual) harassment regulation at company level

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  1. (Sexual) harassment regulation at company level Bernadette Mussche FGTB Belgium

  2. Plan • Introduction • What is (sexual) harassment and mobbing? • How to detect sexual harassment and mobbing? • Consequences for the victims • Consequences for the organisation • Consequences for the community • Belgian law • Our job as trade unionist • Conclusion

  3. Introduction • Who is FGTB? • Who I am? • What I do?

  4. What is (sexual) harassment and mobbing? • A complex phenomenon and difficult to pinpoint • Legal definition : “Abusive and repeated conduct of every origin, external or internal to the company or the institution, which is expressed through behaviour, words, intimidations, acts, gestures and unilateral writings, with the object or effect to harm the personality, the dignity or the physical or psychic integrity of a worker or another person during the execution of his work, to jeopardize his job or to create an intimidating, hostile, degrading, humiliating or offending environment”.       

  5. How to detect (sexual) harassment and mobbing? • Role of education • Repetitive behavior (handicap?!) • Joke or no joke • Harassment affects the dignity of a person • Responsabilisation of the management

  6. Consequences for the victims • Health problems (headhache, hypertension, insomnia, …) • Work disability • Chronic anguish • Depression • Suicide

  7. Consequences for the organisation • Absenteism rate • Turnover • Production loss • Bad work atmosphere

  8. Consequences for the community • Cost for social security • « Mortgage » on future generations

  9. Belgian law Non-discrimination law in Belgium in the field of gender • The law of 7 May 1999pertaining to gender equality as regards work conditions, access to employment and possibilities of being promoted, access to a liberal profession • The law of 10 January 2007 aimed at preventing psychosocial burden, in particular against moral or sexual violence and harassment at the workplace. • New law : 30 May 2007 intending to combat discrimination on 3 types of discrimination : • Racism • Xénophobia • Gender

  10. Belgian law • What is prohibited? Direct and indirect discrimination • Direct discrimination eg. : same job BUT different wage • Indirect discrimination : more difficult to detect, not visible , more insidious eg. : promotions are accessible only to full time workers and all the women are part-time workers in the company

  11. Belgian law • Prevention and information • Confidence person • Intern prevention service • Extern prevention service • Labour inspectorate • Repression

  12. Our job as trade unionist • Focus on prevention • Awakening (no ostrich policy) at all levels • responsability • Listen the victims • Analyse of risks • Provide information and support • Orientation towards level of claim

  13. Conclusion • (Sexual) harassment and mobbing is very destructive • Prevention is an invisible daily job • To create competence on the matter needs time • Awakening to responsibility • Attack on the facts not on the persons • Avoid collateral damage

  14. Thank you for your attention Questions? Remarks?

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