Lawyers Cooperation News
Caldeira Pires partner and Lawyers Cooperation Board member Félix Bernardo has written an informative and thought-provoking opinion piece on an employment issue that requires ongoing attention - harassment at work.
The piece was published by Human Resources Portugal, and can be read in English below or by clicking the link here.
Enjoy!
Harassment at work: The fight for a healthy working environment
The question may arise as to whether we should continue to discuss harassment at work, a topic that has already been widely debated. The answer is yes. The persistence of this problem and the data on its prevalence show that harassment in the workplace is still a reality that needs ongoing attention and effective action.
In Portugal, despite the legislation in force, such as the Labor Code, which provides for measures against harassment, the practice is still recurrent and often silenced. Victims, for fear of reprisals or discredit, rarely report the abuse. This silence is often perpetuated by a corporate culture that minimizes complaints and, in some cases, protects the aggressors. As a result, a toxic working environment can lead to high turnover rates, increasing the costs of recruiting and training new workers.
And companies with high rates of harassment have lower productivity and efficiency. According to a study carried out by the Commission for Equality in Labor and Employment (CITE), 16.7% of Portuguese workers claim to have been victims of moral harassment in the workplace, while 12.6% reported having been the target of sexual harassment. These figures not only reveal a reality that deserves our attention, but also emphasise the need for intervention to guarantee well-being in the workplace.
Benefits in the fight against harassment
Companies that adopt strict anti-harassment policies and promote an inclusive and respectful working environment can find many more benefits. Firstly, productivity increases considerably. Workers who feel good and valued are more productive and contribute more effectively to the company's objectives.
In addition, reducing absenteeism and turnover saves significant costs related to recruiting and training new employees, allowing for more efficient use of human and financial resources.
Improved corporate reputation is another important benefit. Companies with a positive work culture are more attractive to new talent and can benefit from a better reputation on the market, both among customers and partners and among potential employees.
Failures in Law Enforcement
Recently, a report in Expresso revealed that 1 in 5 professionals in Portugal is the target of harassment at work. This figure underlines the persistence and seriousness of this problem, highlighting the need for more forceful action to protect workers and ensure a safe and healthy working environment.
Despite legal protections, the effective application of these laws is often insufficient. Many employers still don't implement clear anti-harassment policies or provide adequate training for their employees.
Complaints of harassment are sometimes dealt with negligently, without proper investigation or consequences for the perpetrators.
This failure can perpetuate the problem and give the impression that such behaviour is tolerated.
Positive steps
However, it's not all bad news. Portugal has ratified Convention 190 of the International Labour Organisation (ILO) on the elimination of violence and harassment in the world of work. Adopted in 2019, this convention is the first international treaty to specifically address violence and harassment at work. Portugal's recent ratification represents a serious commitment to tackling this problem systematically.
Portugal's ratification of this convention reinforces our country's commitment to guaranteeing a safe and dignified working environment for all.
This is a significant step that must be accompanied by concrete efforts to ensure its effective implementation.
The need for a cultural change
To effectively combat harassment at work, a cultural change is needed. Companies must adopt a zero-tolerance stance, implementing strict policies and clear procedures for reporting and investigating cases of harassment.
In addition, it is essential to promote an inclusive and respectful working environment where all employees feel safe and valued.
Means of reaction
If a person is the victim of harassment at work, they should take the following measures:
Internal Whistleblowing
You can report the incident to the person or department responsible, usually Human Resources, who must investigate and treat the situation confidentially. The company is obliged to initiate the relevant disciplinary procedures when it becomes aware of the situation.
External Whistleblowing
If you prefer, or if the company doesn't have a suitable person in charge, you can report the matter to external organisations such as:
- Commission for Equality in Labour and Employment (CITE)
800 204 684
https://assedio.cite.gov.pt/queixa-por-assedio/
- Authority for Labour Conditions (ACT) - for the private sector
707 228 448
https://portal.act.gov.pt/Pages/queixa-denuncia.aspx
- IGF - Audit Authority
- for the public sector
https://igf.gov.pt/informacao-assedio-em-contexto-laboral-no-setor-publico
- Courts
In conclusion
Harassment at work is an issue that requires our attention and needs to be addressed with due care. Only through cultural change and rigorous application of the law can we guarantee that all workers carry out their duties with dignity and in a safe working environment.
Bernardo Bernardo
Caldeira Pires