No more «harassment» in the workplace: Senate approves new rule

Actions of a sexual nature against an employee's will in the workplace are now more clearly defined in labor legislation. On October 2, the Senate approved a law providing for the introduction of a new rule into the Labor Code aimed at preventing sexual harassment in the sphere of labor and employment.

The new rule establishes that sexual harassment is deemed to include actions such as describing appearance or physique in a sexual manner, making unwanted gestures, touching, or calling out in a way that is unacceptable to the individual and degrades their honor and dignity.

What actions are considered sexual harassment?

According to the rule being introduced into legislation, the main criterion is that the action is unacceptable to the person and degrades their honor and dignity.

In particular:

• describing appearance or physique in a sexual manner;

• making unwanted sexual gestures;

• touching a person;

• calling out in an unacceptable manner;

• other actions of a sexual nature.

Not all such situations are automatically evaluated as «harassment» — a legal assessment is given based on the criteria provided by law.

Employers' obligations are also being established

The new rule does not apply solely to employee behavior. Employers are also entrusted with the obligation to take necessary measures to create an environment free from sexual harassment within the labor collective.

Furthermore, mechanisms are envisioned to ensure that employees can safely and confidentially report such incidents, and that each report is reviewed impartially.

Therefore, the issue is not limited to punishment alone — preventing such occurrences in the workplace and creating a safe environment for employees is also receiving special attention in the legislation.

Figures demonstrate the urgency of the problem

According to information presented in the Senate, the number of administrative cases related to sexual harassment has shown an upward trend in recent years.

Important aspect: As emphasized in the Senate, not all of these offenses were committed in the workplace. Therefore, it would be incorrect to interpret the cited figures strictly as statistics for workplace incidents.

What is the main purpose of the law?

During the Senate discussion, it was noted that these amendments are aimed at ensuring equal opportunities in the labor sphere, preventing discrimination, and further strengthening citizens' labor rights. The experience of a number of foreign countries and international organizations was also studied during the drafting of the bill.

Thus, the requirement to respect human honor, dignity, and personal inviolability in the workplace is gaining a clearer legal basis in labor relations.