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By Law No 30 of 9 February 1999, the Italian Parliament ratified the revised
European Social Charter. Article 26 of the Social Charter grants all workers to
the right to the protection of their dignity at work and imposes on the Parties
an obligation, in consultation with employers' and workers' organisations, to
promote awareness, information and prevention of sexual harassment in the
workplace or in relation to work and to take all appropriate measures to protect
workers from such conduct. The principles confirmed by the Recommendation of the
European Commission of 27 November 1991 on the protection of the dignity of
women and men at work have been incorporated through collective agreements.
Various collective contracts provide for the adoption of the Code of Conduct
on sexual harassment, which aims to prevent such behaviour. In such cases, it
ensures simple, immediate recourse to adequate procedures established to deal
with the problem and prevent any repetition.
"Sexual harassment" means any unwelcome act or behaviour (including
a verbal one) of a sexual nature or with sexual implications, which offends the
dignity and freedom of the person to whose detriment it is committed and is apt
to create reprisals or an atmosphere of intimidation. Every act or behaviour
defined as sexual harassment is considered as inadmissible.
The law confirms the right of both male and female workers to be treated in a
dignified manner, to be protected in relation to their personal freedom and to
report any act of intimidation or retaliation suffered in the workplace. The
role of the Confidential Counsellor, who must be adequately qualified in terms
of the required, specific area of competence, has been created for this purpose.
Administrative bodies and firms may seek the assistance and services of external
consultants or assign to suitable persons within their own organisation
counselling duties following adequate training.
If sexual harassment occurs in the workplace, male and female employees may
apply to the Counsellor to initiate informal proceedings in an attempt to solve
the problem in a discreet manner.
If an employee feels that he or she would prefer not to initiate informal
proceedings or if, after such an attempt, the undesired behaviour continues,
with the assistance of the Counsellor they may submit a formal report to the
manager of the office or directly to the office responsible for disciplinary
action. If in the course of disciplinary proceedings, the competent officer
believes that the complaint is justified, he must inform the manager so as to
make certain appropriate measures are taken to ensure immediate cessation of the
undesired behaviour and harassment. Persons who have reported offences may ask
to remain in their current position or be transferred to a site or position
where they feel secure.
Such proceedings in any case may occur without prejudice to any other form of
juridical remedy or protection which the worker may decide to seek.
Administrations and companies must provide for specific training and
awareness-raising action so as to prevent the occurrence of behaviour which may
be defined as sexual harassment.
Furthermore, some collective labour contracts also attribute to the Committee
for Equal Opportunities (composed of representatives of administrations and
companies and trade union organisations) the responsibility for promoting action
aimed at preventing forms of sexual harassment in the workplace. With regard to
this particular phenomenon, the committee carries out research to identify the
incidence and characteristics of the phenomenon of sexual harassment and
proposes action to reduce and eliminate the problem.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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