COMMISSION OF THE EUROPEAN COMMyNITIES 
Brussels, 24.07.1996 
COM(96) 373 final 
CONSULTATION OF MANAGEMENT AND LABOUR ON TOE PREVENTION OF 
SEXUAL HARASSMENT AT WORK 
Sexual harassment 
(presented by the Commission) 

CONSULTATION OF MANAGEMENT AND LABOUR ON THE PREVENTION OF 
SEXUAL HARASSMENT AT WORK 
Sexual harassment 
INTRODUCTION 
The aim of this paper is to seek the views of management and labour on the issue of the 
protection of the dignity of women and men at work (hereafter "sexual harassment"). 
The Commission's interest in this area derives from its policy of equal opportunities for 
women and men. Sexual harassment at work may be contrary to provisions contained in 
Council Directive1 76/207/EEC on the implementation of the principle of equal treatment for 
men and women as regards access to employment, vocational training and promotion, and 
working conditions. 
Subsequent to the adoption of this directive, the European Parliament, the Commission and 
the Council have adopted several measures in this field-
in 1986 the European Parliament adopted a resolution on violence against women2. In 
the section on sexual harassment, it asked the Commission to conduct a series of 
surveys on the costs arising from sexual harassment and to propose a directive to 
supplement the existing legislation. Moreover, it called on trade union organisations 
to take a number of preventive measures in this field; 
in 1987 the Commission published a report on the development of the situation as 
regards sexual harassment in the various Member States: The dignity of 
women at work. A report on the problem of sexual harassment in the Member States 
of the European Communities'. This survey showed that the existing means of legal 
redress in the Member States were generally inappropriate in cases of sexual 
harassment3; 
i OJNo L 39 of 14.2.1976 
OJC 176 of 14.7.1986 
Michael Rubenstein "The dignity of women at work. A report on the problem of 
sexual harassment in the Member States of the European Communities", Oct. 87., V/412/87 
14 2 
3 
on 29 May 1990 the Council adopted a resolution on the protection of the dignity of 
women and men at work which requested the Commission to draw up a code of 
practice and recognised the fact that under certain circumstances, sexual harassment 
could conflict with the directive on equal treatment4; 
on 27 November 1991, the Commission adopted a recommendation on protecting the 
dignity of women and men at work and a code of practice on measures to be taken 
to combat sexual harassment5. The recommendation called on the Member States to 
take measures to promote awareness of the fact that sexual harassment is unacceptable 
and may conflict with the principle of equal treatment. It also asked the Member 
States to encourage employees' and employers' representatives to formulate measures 
to implement the Commission's code of practice; 
the Council, in a declaration of 19 December 1991 on the implementation of the 
Commission's recommendation and code of practice, requested the Commission to 
encourage an adequate exchange of information with a view to improving existing 
knowledge and experience in the Member States in relation to preventing and 
combatting sexual harassment at work6; 
in September 1993 the Commission published a guide to implementing the 
Commission's code of practice7, a practical and pragmatic handbook containing 
examples taken from real life that reflect the current endeavours to resolve the 
problem of sexual harassment; 
In February 1994, the European Parliament adopted a resolution on a new post of 
confidential counsellor at the workplace8, 
Within the Commission itself, the commitment to implement the measures in the 
Council resolution of 29 May 1990 and the Commission recommendation and Code 
of Practice was confirmed in the Commission's internal Second Positive Action 
Programme and most recently on 29 February 1996, in a Communication addressed 
to all Commission staff outlining the policy and procedures relating to the protection 
of dignity of the person at the workplace. 
4 OJ C 157 of 27.6.1990. 
5 OJNo. L 49 of 24.2.1992. 
6 OJC 27 of 4.2.1992. 
I Michael Rubenstein, Ineke De Vries "How to combat sexual harassment at work. 
A guide to implementing the European Code of Practice." Commission of the 
European Communities, 1993 (ISBN 92-826-5225-4), 1- 4 pages 
8 Resolution on a new post of 'confidential Counsellor' at the workplace A3-0043/94, 
II February 1994. 
2 /lb 
As requested under Article 4 of the 1991 Recommendation, Member States informed the 
Commission during 1994 and 1995 of the measures they had adopted to give effect to it. 
During that same period, research was also carried out to evaluate the progress achieved by 
the social partners on this issue. These elements, together with other sources of information, 
have been used to draw up the "Evaluation report on the Commission Recommendation on 
the protection of the dignity of men and women at work " (see III. and Annex). 
II. THE GENERAL CONTEXT 
The expert report published by the Commission in 1987 analyses the problem of sexual 
harassment in the workplace on the basis of an extensive survey carried out in the Member 
States. It found that sexual harassment is a serious problem for many working women in the 
European Community and that research in the Member States has proven beyond doubt that 
sexual harassment at work is a phenomenon that affects millions of women in their working 
lives. Men, too, may suffer sexual harassment and should, of course, have the same rights as 
women to protection of their dignity. These findings are reiterated and expanded on in the 
European Parliament publication "Measures to Combat Sexual Harassment at the Workplace -
Action Taken in the Member States of the European Community" (1994)9. 
Some specific groups are particularly vulnerable to sexual harassment. Research in several 
Member States, which documents the link between the risk of sexual harassment and the 
recipient's perceived vulnerability, suggests that divorced and separated women, young women 
and new entrants to the labour market and those with irregular or precarious employment 
contracts, women in non-traditional jobs, women with disabilities, lesbians and women from 
racial minorities, are disproportionately at risk. Gay men and young men are also vulnerable 
to harassment. 
Moreover, given the growing trend towards men and women working together at similar 
levels, the profile of persons subjected to harassment at work is changing. Many cases of 
sexual harassment now take place between persons at the same level in the hierarchy, not 
always between employees and their superiors. 
As shown in the Evaluation Report concerning the implementation of the Recommendation 
and the Code of Practice (see III. and Annex), in spite of the lack of the comprehensive 
approach needed to fulfil the aim of the Recommendation, the problem of sexual harassment 
has in recent years been acknowledged in a majority of the Member States and has resulted 
in the enactment or preparation of legislative acts in Belgium, France, Germany, Italy, Ireland, 
the Netherlands and Spain and in collective agreements in some sectors in Spain, the United 
Kingdom, the Netherlands and Denmark. It should also be noted that, in certain Member 
States, the pre-existing legislation has formed the basis for successful legal actions before the 
courts, e.g. U.K. and Ireland. 
DOC EN\DV\245\245696 
3 Je 
Sexual harassment pollutes the working environment and can have a devastating effect upon 
the health, confidence, morale and performance of those affected by it. The anxiety and stress 
produced by sexual harassment commonly leads to those subjected to it taking time off work 
due to sickness, being less efficient at work or leaving their job to seek work elsewhere. 
Employees suffer the adverse consequences of the harassment itself and short and long-term 
damage to their employment prospects if they are forced to change jobs. Sexual harassment 
may also have a damaging impact on employees not themselves the object of unwanted 
behaviour, but who are witness to it or have a knowledge of the unwanted behaviour. 
It follows from the above that there are quite severe consequences arising from sexual 
harassment for employers. Considering the significant and rapid changes in the labour market 
in recent years, in terms of women's participation, the negative effect of sexual harassment 
is reinforced. It has a direct impact on the profitability of the enterprise where staff take sick 
leave or resign from their posts because of sexual harassment, and on the economic efficiency 
of the enterprise where employees' productivity is reduced by having to work in a climate in 
which individuals' integrity is not respected. Moreover, the negative publicity which is 
sometimes associated with sexual harassment, as well as possible legal implications, can be 
devastating for a business. 
In general terms, sexual harassment is an obstacle to the proper integration of women into the 
labour market and the Commission is committed to encouraging the development of 
comprehensive measures at all relevant levels involving legislative acts, collective agreements 
as well as studies and information campaigns to improve such integration. 
Ill THE EVALUATION REPORT 
The "Evaluation report on the Commission Recommendation on the protection of dignity of 
men and women at work", annexed to this document, considers the legislative situation in the 
Member States and the action taken to give effect to the Recommendation and the Code of 
Practice and the extent of its use in collective bargaining between social partners in the 
Member States to which the Recommendation was originally addressed. 
The report shows, as stated above, that some Member States have responded to the 
Commission Recommendation by legislative acts and that in others the social partners have 
concluded collective agreements in some sectors and/or initiated information campaigns. 
Even if it is shown that in a majority of Member States progress has been made both in the 
legislative field and/or at the level of the social partners, the conclusion of the report is that 
the Recommendation and the Code have not led to sufficient measures being adopted in order 
to ensure a working environment where sexual harassment can be effectively prevented and 
combatted. Generally speaking, existing legislation is inadequate and there remains a lack of 
the comprehensive approach at all levels of decision-making needed to establish and maintain 
a workplace free of sexual harassment. 
J 1 
Even though the Commission Recommendation confronts the issue thoroughly and the Code 
of Practice deals with the subject in a clear and sensible way, coherent action is limited to the 
few Member States in which there already existed a high political and social awareness on 
this issue. 
This result may be attributed to the inherent limitations of the Recommendation, its success 
depending too much on being widely known and followed on a voluntary basis. 
IV, THE IMPORTANCE AND EXTENT OF COMMUNITY ACTION 
As sexual harassment is an affront to the dignity of the individual and a hindrance to 
productivity within the European union, it constitutes an obstacle to an efficient labour market 
in which men and women work well together. Both in terms of developing a minimum level 
of common social rights in Europe and in terms of competitive conditions, the problem of 
sexual harassment requires attention at Community level. 
In spite of the number and level of Community instruments stressing the importance of 
combatting sexual harassment at work and the recent actions by Member State governments 
and social partners, sexual harassment still constitutes a real problem in labour relations. In 
view of the continuing lack of effective measures to combat sexual harassment, most recently 
documented in the annexed Evaluation Report, and the emphasis put on further action on this 
issue in the Fourth Medium Term Action Programme on Equal Opportunities between women 
and men (1996-2000)10, it is submitted that the issue of sexual harassment at work is one 
which should continue to be actively considered at European level. 
A review of the results of the evaluation report, which show a clear lack of adequate progress 
at the relevant levels on this matter within the Community, suggests that there is a need for 
a new global approach. 
Firstly, such an approach could include the comparing and contrasting of different national 
policies on sexual harassment, of their experiences, successes and failures, in order that a 
strategy could be outlined for improving the coherence of existing policies. 
Secondly, the Commission recognises the important part the social partners have to play in 
elaborating any form of future action, taking into account their crucial role in implementing 
any effective method of combating sexual harassment in the workplace. The social partners 
also have the practical knowledge which allows them to take into account matters such as the 
special position of small and medium-sized enterprises, and which enables them to find 
solutions to specific questions such as how to develop a system of help and advice for 
victims. 
10 Fourth Medium-Term Community Action Programme on Equal Opportunities for 
Women and Men (1996-2000), Objective 5 pp. 32-33, COM (381), 19.7.1995, 
confirmed by Council Decision 95/593/EC, of 22.12.95 article 3, subparagraph 2 (f), 
and Annex point II, 2 (OJ L 335 of 30.12.95, p.37) 
* yft 
Finally, considering the lack of adequate progress in spite of the number and extent of 
measures ^taken to date by the Community in this area, an effective new approach could 
involve a binding instrument setting out a. common plan to be adapted to each country's 
achievements, needs and preferences which would ensure that, on this issue, the benefits of 
alreadyiexisting good practice on sexual harassment could be extended to every worker in the 
European Union. 
Taking into account earlier research, the Code of Practice and the results of the evaluation 
report, an effective instrument should first of all contain a definition of sexual harassment. It 
would also lay down a framework of minimum standards indicating the essential steps to be 
followed to prevent sexual harassment at work, containing a system of help and advice for 
victims,1 (for example by the introduction of a confidential counsellor as proposed by the 
European Parliament11), imposing a legal duty upon employers to take reasonable practical 
steps to establish and maintain a workplace free of sexual harassment, and setting out the 
types of remedy against sexual harassment which should be available through disciplinary 
measures taken by the employer and/or actions before national courts or other competent 
authorities. 
Such an instrument would, as an integral part of a global approach, give the added impetus 
needed to create a workplace free of sexual harassment. 
The Commission believes that further effective initiatives in this area would result in greater 
efficiency and productivity for employers. They would complement existing legislation in the 
realisation of equal treatment for women and men and fully accord with another declared 
priority of the Community - the health and safety of workers. 
The practical knowledge and experience of the social partners in implementing measures to 
combat sexual harassment is widely recognised, and their involvement would greatly enhance 
the prospect of making significant progress in this field. Action on the part of the social 
partners could take the form of a collective agreement at European level. 
In the light of the reaction of the social partners to this communication, the Commission will 
consider what further action is required. It is clear that, the more the social partners assume 
the reponsibility for taking effective measures, the less the Commission will feel obliged to 
envisage legislation, and vice versa. In any event, the Commission's future actions will reflect 
its concern that the most efffective measures possible be adopted in this area. 
11 Resolution on a new post of "confidential counsellor" at the workplace A3-0043/94, 
11 February 1994. 
6 si 
Y, POINTS FOR DISCUSSION 
In the light of the above, the social partners are asked for their views on the following 
questions. 
(i) Do you consider that further action in this area is appropriate? 
(ii) If so, should such action be taken at Community level? 
(iii) If so, what form should such action take? Should it be a collective agreement or 
legislation, and, if a collective agreement, should this be a self-standing instrument or 
subsequently implemented through Community legislation? 
(iv) What should be the main elements of such action? 
yi J 

EVALUATION REPORT CONCERNING 
THE COMMISSION 
RECOMMENDATION ON THE 
PROTECTION OF THE DIGNITY OF 
MEN AND WOMEN AT WORK 
A i 

CONTENTS 
Introduction 1 
Sources of information 
Chapter 1 The Situation in the Member States 4 
A country by country survey over the situation and development in the 12 Member 
States to which the Recommendation was originally addressed: 
Belgium 5 
Denmark 7 
Germany 9 
Greece 10 
Spain 11 
France 13 
Ireland 15 
Italy 17 
Luxembourg 19 
Netherlands 20 
Portugal 22 
United Kingdom 24 
A country by country survey of the new Member States: 
Austria 27 
Finland 28 
Sweden 29 
Chapter II The Practical Implications of the Code of Practice 32 
Degree of awareness of the Code 32 
The degree of application of the Code at legislative level 
and in collective bargaining 34 
The effectiveness of the Code 35 
Conclusion 37 
A ^ 

INTRODUCTION 
On 29 May 1990, the Council of Ministers adopted a resolution on the protection of the 
dignity of women and men at work. The resolution stated that sexual harassment at work 
could amount to a violation of Council Directive of 9 February 1976 on the implementation 
of the principle of equal treatment for men and women as regards access to employment, 
vocational training and promotion, and working conditions (76/207/EEC)1. Reference was 
made to the Council Recommendation of 13 December 1984 on the promotion of positive 
action for women2 and the resolution of the European Parliament of 11 June 1986 on violence 
against women3. The Council resolution affirmed that conduct of a sexual nature which 
affects the dignity of workers is unacceptable. Member States were called upon to develop 
information and awareness campaigns for employers and employees on combating sexual 
harassment. In particular, Member States were urged to remind employers of their duty to 
provide a working environment free from sexual harassment for their employees. The 
development of suitable positive measures in the public sector was encouraged. The potential 
contribution of management and labour was also underlined. The European Commission was 
requested to draw up a code of conduct, in consultation with the social partners, Member 
States and national equal opportunity bodies. 
The Commission duly responded to this request by adopting, on 27 November 1991, 
Recommendation 92/131/EEC on the protection of the dignity of women and men at work4. 
The Recommendation recalled the Commission's action programme for the Community 
Charter of Basic Social Rights for Workers5 and also the terms of the third medium-term 
Community action programme for equal opportunities for women and men 1991-19956. 
The Commission Recommendation reaffirmed the main points of the Council's 1990 
resolution as described above. A Code of Practice was annexed to the Recommendation. It 
was recommended that Member States implement the Code of Practice in the public sector 
so as to give example to the private sector (Article 2). It was further recommended that 
Member States encourage social partners to develop measures to implement the Code of 
Practice (Article 3). 
1 OJ No L39/40 14.2.76 
2 OJ No L 331/34 19.12.1984 
3OJNoC 176/79 14.7.1986 
4 OJNoL49/l 24.2.1992 
s COM(589) 568 final 
6 COM(90) 449 final of 6 November 1990. 
i 
In January 1994, the European Parliament adopted a resolution on the appointment of 
confidential counsellors in the workplace in order to promote effective company level policies 
against sexual harassment.7 
Sources of information 
Under Article 4 of the Commission Recommendation, Member States were requested to 
inform the Commission within a period of three years of the measures they had adopted to 
give effect to the Recommendation. 
During this period, the European Commission undertook a variety of activities in order to 
draw public attention to the problem and to Community policy on this subject. The Code of 
Practice itself was widely disseminated. Moreover, in order to ensure maximum effectiveness 
and accessibility for the Code, a practical guide was written by two leading European experts 
on the issue of sexual harassment.8 The guide looks at each of the provisions of the Code and 
draws on a wide variety of examples of practices and policies implemented in different 
Member States by a variety of actors. The guide was published in the nine official languages 
over 1993/94. The Commission organised a number of launches and presentations of the guide 
in London, Dublin, Noordwijk (Netherlands), Athens, Paris and Rome. Other actions 
supported by the Commission included: information seminars in Brussels and in different 
regions of the Netherlands; research into the extent of sexual harassment in Luxembourg; the 
development of staff training modules on the prevention of sexual harassment by a 
British/French theatrical group; the running of an "SOS Helpline" in Athens. 
In 1994, the Commission wrote to the twelve Member States to which the Recommendation 
was originally addressed requesting information on all national measures taken to give effect 
to the Recommendation, and in particular: - on any legislative amendments to the criminal 
or civil codes, especially the laws concerning working conditions, workers' safety, Lhc duiy 
of employers in these areas - and on the extent to which the matter had been addressed within 
the public sector and whether it had figured in any national negotiations with the social 
partners. Information was received during 1994 and 1995 from the twelve Member States to 
which the Recommendation was originally addressed. In addition, research into the legislative 
situation in Austria, Finland and Sweden has been made during 1996. 
In order to obtain further knowledge on the influence and effectiveness of the Code (article 
4 of the Recommendation), research was also carried out by the Commission during 1995 into 
the progress achieved by the social partners in the European Union on the issue of sexual 
harassment The object of the research was to gain a general picture of progress made in 
certain employment sectors. 
7 Resolution on a new part of "Confidential Counsellor" at the workplace A3 -
0043/94, 11 February 1994. 
9 How to Combat Sexual Harassment at Work - A guide to implementing the 
European Commission Code of Practice CE-77-92-433-EN-C 
The sectors considered were: Food (production and distribution); Clothing/textiles (production 
and distribution); Clerical; Public Sector; Hotel, Restaurant and Cafe (Horeca); Cleaning. 
The progress made at European level by social partner organisations was also studied. The 
methodology used comprised separate questionnaires for management and labour, followed 
up with interviews and local visits in some Member States. 
The additional sources of information used in the compilation of this report include: 
- a study published in 1994 by the European Parliament looking at the legislative position in 
the twelve Member States on sexual harassment ('Measures to combat sexual harassment at 
the workplace', Women's Rights Series January 1994). 
- a study carried out for the Commission in 1994 by L'Association européenne contre les 
violences faites aux femmes au travail ('Innovative European developments in sexual 
harassment policy - Belgium, France, Germany, Ireland, Netherlands, Spain' - September 
1994); 
- publications of and comments from the Commission's Network on the application of the 
equality directives. 
The present report is divided into two chapters. The first chapter outlines the legislative 
situation in the Member States and especially its evolution since 1991. It also deals with the 
role and main achievements of social partners and other bodies on this issue. The second 
chapter considers the degree of awareness of the Code of Practice, its impact on legislation 
and collective agreements and its perceived effectiveness. 

CHAPTER I 

CHAPTER I 
SEXUAL HARASSMENT IN THE EUROPEAN UNION: A MEMBER STATE 
SURVEY 
This chapter compares the extent to which the Member States have progressed on this issue 
since the adoption of the Commission Recommendation in 1991. The following three areas 
are presented; legislation, action by social partners and information and awareness-raising 
campaigns. 
For the three Member States that were not originally covered by the Recommendation, 
Austria, Finland and Sweden, a presentation of the legislative situation is given based upon 
the Commission's own knowledge. 
BELGIUM 
I) Legislation 
Applicable Law 
On 18 September 1992 a Royal Decree on the protection of workers from sexual harassment 
was signed. This Decree covers all companies in the private sector as well as certain public 
utilities. 
The Decree gives a definition of sexual harassment very similar to the Community definition: 
sexual harassment means any form of verbal, non-verbal or bodily conduct of a sexual nature 
which the perpetrator knows or should know will offend the dignity of women and men at 
the workplace (article 1 (3) ). 
On 9 March 1995 a Royal Decree for the public service was signed. Having the form of a 
decree instead of a law it does not cover the authorities of the Regions and Communities or 
the local authorities. 
Employers' Obligations 
It is now a legal requirement for companies to have a sexual harassment policy in place 
which conforms to the terms of the 1992 and 1995 Decrees. 
The 1992 Decree requires employers to set out protective measures against unwanted sexual 
conduct at work in their employment regulations. Failure to do so may expose the employer 
to penal sanctions under Article 25(1) of the Law of 8 April 1965 on |i|PP||pi||||||. The 
!!<?! Decree is consistent with the Commission's Code of Practice in that it provides that 
employment regulations must include the following: 
- a definition of unwanted sexual conduct at work 
- a declaration that such conduct will not be tolerated in the company 
- the designation of a confidential counsellor or service where victims may obtain help 
- a complaints procedure 
- the sanctions to be applied to those who perpetrate unwanted sexual conduct at the 
workplace. 
The 1995 Decree refers to the Commission Recommendation and Code of Practice and goes 
further than the 1992 Decree in that it provides for the trade unions to be associated in the 
nomination of the confidential counsellor and that a victim of sexual harassment is given the 
right to complain to the alleged harasser's superior. The latter possibility is a novelty in 
Belgian administrative law. 
Sexual harassment is not in itself regarded as a criminal offence in Belgium. However, the 
circumstances in which such conduct occurs may constitute a crime under the penal code. 
Legal remedies 
The victim of sexual harassment may resort to various means of action at three points in the 
working relationship: at the time of recruitment, during the performance of the employment 
contract and at the end of the working relationship. Here, two laws are crucial in relation to 
sexual harassment: Title V of the Economic Re-orientation Act of 4 August 1978 and the 
Employment Contracts Law of 3 July 1978. Two systems can be used in the framework of 
the law of 4 August 1978: one restricts the right of dismissal; the other prohibits the 
discriminatory behaviour. 
For a victim to prove an act of sexual harassment under the Penal Code the humiliating or 
threatening nature of the conduct in question has to be shown under the procedural rules 
applying to the penal code. 
II) Role of the Social Partners 
The National Labour Council, an institution made up of members of the most representative 
employers' and workers' organisations, decided unanimously in favour of the Royal Decree 
of 1992. However, very few social partners decided to go further. The following actions may 
be cited: 
The Christelijke Centrale Voeding en Diensten - ACV(CCVC) representing the food and 
clerical sector distributed information leaflets and brochures to its membership on the contents 
of the 1992 Decree. 
The Fédération de l'Industrie Alimentaire - FIA, representing the food industry, produced a 
draft text on sexual harassment for the food joint commission (Commission paritaire pour 
l'alimentation), recommending that it be adopted by companies in that sector so as to conform 
to the requirements of the 1992 Decree. The draft text defines sexual harassment and lays 
down informal and formal procedures for responding to incidents of harassment at work. 
Apart from these examples, it would seem that social partners do not take the initiative in 
dealing with sexual harassment, although the successful functioning of the procedures and 
awareness among staff of company policy will depend to a considerable degree on the 
diligence of management and employee representatives. 
Ill) Awareness-raising campaigns and other measures 
A national information campaign was carried out in 1986 involving the publication of 
brochures and information packs in considerable quantities. No information on any later 
awareness-raising campaigns is available. 
Since the 1992 Decree was signed, telephone helplines have also been established for both 
the French-speaking and Dutch-speaking parts of the country, where individuals may receive 
advice and counselling from trained staff on an anonymous basis. The lines have been set up 
under a pilot project which began on 8 July 1993. This telephone service is also intended for 
those dealing with the problem within a business or institution. 
The Belgian Labour Ministry has also provided training for labour inspectorates and 
confidential counsellors. 
DENMARK 
I) Legislation 
Applicable law 
No new legislation has been introduced in Denmark in response to the Commission 
Recommendation. 
Although sexual harassment is not specifically mentioned in Danish law, the term has been 
defined in court cases as conduct of 'a sexual nature' or as conduct 'based on sex' which is 
offensive to the victims (e.g. Ostre Landsret, K. v. Danish Skilled Workers Union, Case No 
4-262, Judgement of 8/9/89). 
Court cases of sexual harassment at work have been based on the Equal Opportunities Act 
(Act No 244 - 19/4/a). The Act prohibits all forms of sex discrimination by a superior in 
working conditions and in a situation leading to dismissal (section 4). Sexual harassment at 
work could also potentially be covered by labour law (see II) and criminal law provisions. 
According to Section 220 of the Penal Code, (Act No 607 6/9/86), it is a criminal offence to 
seriously abuse the subordinate position or financial dependence of another person in order 
to obtain sexual favours outside marriage. This has been considered in a court case to include 
sexual harassment. 
Sections 217 (attainment of sexual relations by means of unlawful duress other than violence 
or threat of violence) and 232 (offence against decency) could also be applicable to sexual 
harassment. 
Employers' Obligations 
According to Section 4 of the Equal Opportunities Act, the employer can be held liable for 
sex discrimination in employment. Also, the employer could potentially be obliged to take the 
appropriate action if an employee complains about being sexually harassed by a supervisor 
or a colleague. 
In addition to this provision, the Working Environment Act (No 681 - 23/12/75, as amended 
by Notification 139 - 23/3/87) affirms the duty of the employer to ensure a safe and healthy 
working environment (Section 15). Under this act, the employer could potentially be held 
liable for alleged sexual harassment at the workplace. 
Legal remedies 
Victims of sexual harassment who are successful in court may claim up to 39 weeks' salary 
as compensation under Sections 14 and 15 of the Equal Opportunities Act. A victim can also 
have recourse to the penal provisions mentioned above. 
II) Role of the Social Partners 
Two collective agreements have been made at the national level. Firstly, on 1 April 1991, a 
national Agreement on Equal Treatment - Supplementary Agreement to the Cooperation 
Agreement of 9 June 1986 - was concluded between the Danish Employers' Association and 
the Danish Trade Unions Confederation. 
Section 4(a) of the Agreement provides that companies should seek to ensure a working 
environment free of: 
(a) unwanted actions of a sexual nature or any other action related to sex that would 
violate the dignity of women or men at the workplace. 
(b) discrimination against any person who makes a complaint, who wishes to do so or 
who has witnessed an act of that nature. 
Secondly, a similar agreement exists for the public sector. It also relates to various equality 
issues and deals with sexual harassment in the same terms as the above mentioned agreement. 
At company level these agreements remain in many cases to be implemented. 
It appears that more progress has been made in certain sectors; Danish State Railways (DSB) 
includes sexual harassment in its equal opportunity policy and has produced a brochure for 
its staff summarising the main points of this policy as it appears in the collective agreement. 
Handels og Kontorfunktionaernes Forbund i Denmark (HK Service), representing commercial 
and clerical employees, has published information leaflets for its members and a handbook 
on the issue. It also provides special training for its officials on the problem of harassment. 
A number of other union organisations have produced model agreements on sexual harassment 
in individual workplaces but it is unclear if these model agreements have led to the 
conclusion of actual local agreements. 
8 
ED) Awareness-raising campaigns and other measures 
Over the past ten years, sexual harassment has become an issue for public discussion. 
However, the level of debate has been characterised by Danish experts as 'timid'. No 
information on any public awareness-raising campaigns is available. 
GERMANY 
I) Legislation 
Applicable law 
Until 1994, there was no definition of sexual harassment in the law. To fill this gap, a law 
was adopted in that year, dealing with sexual harassment (Article 10.2 of the Second Equal 
Opportunities Law). It provides a definition of sexual harassment at work and applies to all 
workers including public servants. 
The Civil Code provisions concerning sex discrimination in the workplace (Article 611 a. 
BGB) and protection of life and health in the workplace (Article 618 BGB) are indirectly 
applicable to sexual harassment. 
Even though sexual harassment as such is not criminalised, the Penal Code is applicable if 
the discriminating behaviour can be found to constitute a crime under the penal provisions. 
Employers' Obligations 
This 1994 law sets out the the steps that an employer has to take when a case of sexual 
harassment can be identified in the workplace. 
In the regulations for the public sector it is stated that the problem of sexual harassment 
should be taken up in vocational training programmes. 
Legal remedies and other measures to help victims 
Under the general provisions of the Civil Code it is possible for a victim of sexual harassment 
to obtain compensation for both material and immaterial damage. There also exist several 
procedures giving the employer the possibility to terminate the employment contract of the 
perpetrator of the harassment. 
The new law stipulates that where sexual harassment occurs, the victim has the right to 
complain and the employer is then obliged to consider the complaint and, if a case of sexual 
harassment is established, to ensure that the victim is not exposed to any further harassment. 
On the Lander level, Bremen is a good example as it has adopted a serious policy statement 
and taken several innovative initiatives including setting up an advisory bureau to help victims 
of sexual harassment and to provide them with legal advice. 
U) Role of the Social Partners 
The Deutscher Gewerkschaftsbund - DGB (German Trade Union Confederation) has run 
information campaigns on the issue, using a variety of publications. Other union organisations 
representing different sectors have also published leaflets for their members on the issue. No 
evidence of collective agreements within companies was forthcoming. 
HI) Awareness-raising campaigns and other measures 
Copies of the 1991 Commission Recommendation were supplied to the umbrella organisations 
representing employers and trade unions. 
GREECE 
I) Legislation 
Applicable law 
There is no specific statutory provision on sexual harassment in Greece. No legislative steps 
have been taken after the adoption of the Commission Recommendation. 
National legislation which could be applicable includes: 
- Act "on the application of the sex equality principle in employment relationships" (Law No 
1414 30 January 1984). To date, no cases of sexual harassment have been brought under it 
(W.R.S. p. 49). 
- Penal Code Chapter 19 on sex-related offences and Chapter 21 on crimes against honour 
(articles 337, 343a, 361.1). The Penal Code contains no specific provision on sexual 
harassment and it would therefore have to be proven under the Criminal Procedural rules that 
the victim of sexual harassment had been exposed to behaviour constituting a criminal act for 
the Code to apply. 
- Civil Code (Law No 2250, 15 March 1940). Articles 662 and 228 emphasise the duties of 
the employer to guarantee working conditions which protect the employee's morals and 
personal integrity. Article 281 which concerns the abuse of authority has been successfully 
applied in two court cases dealing with sexual harassment (Cass. Plen Ass. 17/1987 RDT). 
- Law No 2112 on termination of employment, dated 11 March 1920 as amended on 17 
October 1953. Article 7 of this law has been successfully applied in a case in which the court 
found that an employee was entitled to resign or to claim compensation in the event of 
dismissal on the grounds of an unfavourable change to the contract of employment after 
having been harassed by the employer (Cass. Plen Ass. 13/87 Jur. Trib 36, 78) 
Employers' obligations 
As stated above, the Civil Code puts some obligations on the employer relating to sexual 
harassment. 
10 
Legal remedies 
Law No 2112 on termination of employment has in one case, as stated above, provided a 
legal remedy for a victim of sexual harassment. 
H) The role of Social Partners 
Article 11 of the 1993 National Collective Agreement relates to the principle of equality 
between the sexes at work. Under this article, the contracting parties agree to take measures 
to ensure dignified treatment of men and women at work. 
In the clerical sector, the Greek Federation of Insurance Employees' Unions received 
information on the Commission Recommendation through Euro-FIET. It transmitted this 
information to its various branches. 
In general, there is no evidence of any implementation of any collective agreements on this 
subject at company level. 
Ill) Awareness-raising campaigns and other measures 
No evidence of any awareness-raising campaigns other than the above mentioned, was 
forthcoming 
SPAIN 
I) Legislation 
Applicable law 
The Penal Code, as amended in November 1995, explicitly forbids sexual harassment (Article 
154). 
The following provisions in national law could also apply to sexual harassment: 
- The Spanish Constitution prohibits discrimination on the grounds of sex (Article 35.1) 
- Law 3/1989 of 3 March 1989 has amended both the Workers' Charter of 1980 and the Civil 
Servants' Regulations of 1964 so as to specifically provide for the protection of the dignity 
of workers against physical or verbal affronts of a sexual nature. 
Employers' obligations 
Under the Workers' Charter (Article 4.2. e, 19.1, 50.a, 54) and the Civil Servants' Regulations 
(Article 63), the employer can be held liable for sexual harassment. According to Articles 
45.1.h and 54.2c of the Charter, the employer may suspend a worker's wages or dismiss a 
worker as a disciplinary measure. 
11 
Legal remedies 
Apart from the possibility of claiming compensation from the employer (see above) Article 
50.1 of the Workers' Charter states that the worker can request termination of his/her contract 
for valid reasons such as 'substantial alterations to his/her working conditions which adversely 
affect his/her (...) personal dignity'. This provision could be applied to cases of sexuai 
harassment. 
Moreover, the worker may request a cessation of the harassment as well as demanding 
compensation. 
The possibility to take the harasser to court under the Penal Code also exists, subject to the 
procedural requirements that have to be fulfilled for the succès of such a claim. 
H) Role of Social Partners 
The collective agreement at the Ministry of Industry, Commerce and Tourism of 25 October 
1991 provides for informal and formal procedures for those who consider they have been 
subjected to sexual harassment. 
At the Ministry of Social Affairs, the collective agreement of 8 November 1991 also sets out 
the procedures to follow as well as the sanctions which may be applied where it is found that 
an employee has sexually harassed a colleague. 
In the textile sector, the collective agreement for 1994-1995 contains an article prohibiting 
sexual harassment at work. It also states that incidents of harassment shall be dealt with 
confidentially by management and employee representatives. 
The matter is equally addressed in the national agreement for travel agencies, which states 
that verbal or physical offenses of a sexual nature are serious infringements of the disciplinary 
regulations. 
In 1994 the General Workers' Union adopted a special equality plan for its own internal use 
which included a specific policy on sexual harassment. It urged the inclusion of provisions 
concerning sexual harassment in collective agreements. Training and publications have also 
been provided for union officials. However, there is little evidence to indicate that the subject 
is appearing in collective agreements or being systematically addressed at company level. 
Finally, in the trade unions' 1996 guidelines for collective bargaining, the fight against sexual 
harassment is mentioned as an objective. 
Ill) Awareness-raising campaigns and other measures 
The 'Instituto de la Mujer', which is an autonomous body in charge of women's issues in 
Spain, has arranged working meetings and exchanges of experience with the Director-General 
of Work Inspection and Social Security to consider the question of sexual harassment at work. 
It has also published and distributed the Commission's code of conduct. 
12 
FRANCE 
I) Legislation 
Applicable law 
Two laws adopted in 1992 deal with the issue of sexual harassment. Law 92-684 of 22 July 
1992 amended the Penal Code so as to create the new offence of sexual harassment. An act 
where by a person abuses the authority conferred on him/her by virtue of his/her duties by 
harassing another person by means of orders, threats or constraints with the purpose of 
obtaining sexual favours is punishable by one year in prison and a fine of FF 100,000 (Article 
222-33 of the Penal Code). Law 92-1179 of 2 November 1992 introduced a prohibition of the 
same behaviour into the Labour Code. These provisions apply only to employment situations, 
in both the private and public sectors. 
Under both laws, the perpetrator must be in a position of authority over the victim and must 
have abused that authority in order to obtain sexual favours. Otherwise the behaviour does 
not, in itself, constitute an offence. 
Several other additions have been made to the Labour Code. Firstly, Article L-122-47 has 
been added, under which any employee who has committed acts of a sexual nature is liable 
to disciplinary measures. Secondly, a new paragraph has been added to Article L-236-2 to the 
effect that the Committee on Health, Safety and Working Conditions may propose measures 
to prevent sexual harassment. 
Thirdly, a new Article L 123-1 of the Labour Code provides that no person may take into 
consideration the fact that an individual submitted or refused to submit to acts of a sexual 
nature, or witnessed them or reported them, in decisions on recruitment, pay, career prospects, 
disciplinary measures or dismissal. 
Article L-122-46 of the Labour Code states that no employee may be penalised or dismissed 
for refusing to submit to acts of harassment by an employer, his representative or any person 
abusing the authority conferred on him/her by his/her duties. 
This provision also applies to any employee who has been penalised or dismissed for 
witnessing such acts or having reported them. The protection extends to an individual in 
whom a victim of harassment has confided, who has reported it and who has been penalised 
or dismissed for doing so. The article also covers harassment which takes the form of a client 
of the firm exerting pressure on an employee. 
Furthermore, the general civil servants' regulations (Law 83-634 of 13 July 1983) were 
supplemented in a similar way through Article 122-47 of the Labour Code concerning 
disciplinary measures. 
13 
Employers' Obligations 
The new Article L 122-48 in the Labour Code requires the head of an undertaking to take all 
the necessary steps to prevent acts constituting an abuse of authority of a sexual nature, in 
the context of working relations. Employees of a company have to be informed of the legal 
measures applicable. The labour inspectorates are responsible for ensuring that these measures 
are applied but there is no sanction against the head of the business who does not fulfil the 
obligation. 
Legal remedies 
The new laws of 1992 (Law 92-684 and Law 92-1179) have introduced a system of penal and 
civil provisions punishing the perpetrator of sexual harassment and making any penalisation 
of the victim, because of a refusal to submit to or the protesting against acts of sexual 
harassment, null and void. 
The new Article L-122-46 of the Labour Code entitles an employee who has suffered 
harassment to be reinstated or to be awarded compensation 
II) Role of the social partners 
Article L-123-6 of the Labour Code allows the representative trade unions in the company 
to take legal action on behalf of the employee suffering sexual harassment. 
After obtaining the victim's written agreement, the trade union can, as a first step, bring a 
case before the Conciliation Board and, if conciliation is not successful, subsequently bring 
a private action before a criminal court. 
Similarly, the law amends Articles 2-2 and 2-6 of the Criminal Procedure Code so that 
associations which want to combat discrimination on the grounds of sex through their statutes, 
have the right to act as plaintiffs and bring a private action before a criminal court, provided 
they obtain the written agreement of the person concerned. 
There is no information on any collective agreements providing for special clauses on sexual 
harassment. 
A number of French union organisations have informed their members about the contents of 
Law 92-1179. 
III) Awareness-raising campaigns and other measures 
In order to raise awareness about the legal provisions introduced by the new laws of 1992, 
various actions have been undertaken by the French authorities including an administrative 
circular explaining the effect of the law, brochures, information days and training. 
14 
IRELAND 
I) Legislation 
Applicable law 
There is no explicit prohibition of sexual harassment in Irish law but the Labour Court stated 
in a ruling9 in 1985 that "freedom from sexual harassment is a condition of work which an 
employee of either sex is entitled to expect" and that denial of such freedom contravenes the 
1977 Equality Act. 
According to this Act which applies to employees of both the private and the public sector, 
the employer may not discriminate on the basis of sex in any of the terms and conditions of 
employment. Furthermore, several provisions of the Unfair Dismissals Act 1977 could 
potentially be applied to both the victim of sexual harassment and the harasser in particular, 
Articles 2(c), 4(b) and 6. 
In 1994 a National Code of Practice on sexual harassment: "Measures to Protect the Dignity 
of Women and Men at Work", was drawn up and published by the Employment Equality 
Agency (EEA). 
This document is modelled on the Commission's Code of Practice. It is intended that the code 
will receive statutory recognition in the new equality legislation which is currently under 
consideration. This would involve facilitating reference to the code in proceedings under 
existing equality legislation before an Equality Officer or the Labour Court. 
Employers' obligations 
The employer has a responsibility under the 1977 Employment Equality Act and subsequent 
case law, for ensuring that employees enjoy freedom from sexual harassment. The 
responsibility of the employer has been extended in case law to acts of sexual harassment 
perpetrated by persons other than employees who are regularly on the premises of the 
workplace. 
Legal remedies 
As a consequence of the employer's responsibility under the 1977 Employment Equality Act, 
an employee can obtain damages from the employer for sexual harassment, in the context of 
a complaint about terms and conditions of employment. For the employer to be liable, the 
employee will have to show11 that the employer was aware of the sexual harassment 
perpetrated by another employee. 
9 A Garage Proprietor v. A Worker EE 2/1985 
10 A Company v. A Female Worker EEO 3/1991 
nA Company v. A Worker DEE 2/1988 
15 
Most court cases in which employees have obtained damages have involved unfair dismissal 
or constructive dismissal because of sexual harassment. In order to establish constructive 
dismissal the worker must show that the only reasonable course open to her/him was to 
resign. 
Victims can rely on the support of the Employment Equality Agency who usually assist and 
make submissions on behalf of complainants alleging sexual harassment before the Labour 
Court or an Equality Officer. 
II) Role of the social partners 
The social partners have co-operated in the drafting of the aforementioned National Code of 
Practice. The Code gives guidelines to employers on the subject, defining inappropriate 
conduct, stating the disciplinary consequences and explaining the procedure to be followed 
in making a complaint of harassment. These guidelines should be circulated to all staff and 
other actors whose actions have an impact on the working environment. The Code 
recommends that trade unions have clear policies on sexual harassment and include it in their 
collective bargaining agendas. It can be expected that when the national Code of Practice is 
given statutory recognition, the guidelines will be adopted by most companies. 
The Irish Business and Employers' Confederation have produced guidelines on industrial 
relations which include information on how to deal with sexual harassment at the workplace. 
IBEC also encourages additional training for managers and supervisors on the subject. 
A number of trade unions have informed their members about the Commission 
Recommendation in leaflets on sexual harassment. Model agreements have been drawn up 
(e.g. by the Services Industrial Professional Technical Union) and many of these agreements 
have been included in collective agreements at branch level. 
In the services sector, some of the bigger banks have adopted sexual harassment policies. In 
the food production and distribution sector, sexual harassment has been addressed in policy 
statements. 
In the public sector, the Electricity Supply Board, An Post, Telecom Eireann, RTE (television 
and radio broadcasting) and Aer Lingus have all adopted policies on sexual harassment. 
III) Awareness-raising campaigns and other measures 
Apart from the publication of the Code of Practice mentioned above, there is no information 
on any other public awareness-rising campaigns. 
16 
ITALY 
I) Legislation 
Applicable law 
The Equal Opportunities Act, the Civil Code and the Penal Code (Articles 520, 612, 660) and 
Act No 66 of 15 February 1996 on rape contain provisions which could be used in situations 
of sexual harassment. Furthermore, Law No 125 of 1991 on Positive Action to Promote Equal 
Treatment for Men and Women at Work, strengthens the existing provisions. 
Italian Law has no explicit prohibition of sexual harassment but the matter could fall under 
provisions in the Equal Opportunities Act, the Civil Code, the Penal Code and Law No 125 
of 1991 on Positive Action to Promote Equal Treatment for Men and Women at Work 
The Equal Opportunities Act (Law No 903 of 9/12/77) prohibits any form of discrimination 
based on sex in questions of employment (Art. 1). Law No. 125 reinforces this prohibition 
by specifying that sex discrimination includes any act or behaviour that adversely affects 
workers by discriminating against them, even indirectly, on the grounds of their sex (Art. 4). 
These definitions could be interpreted to include sexual harassment. This would mean a 
prohibition of sexual harassment and that sexual harassment would have to be combatted by 
positive action in the workplace. 
Several provisions in the Civil Code have been interpreted in case law as being applicable to 
cases of sexual harassment. See below under (II) and (III). 
A draft law on sexual harassment is currently under consideration in the Senate and it will 
also be considered by the Chamber of Deputies. The draft law exclusively concerns the 
problem of sexual harassment at work. It provides that employees have the right to a working 
environment which is safe, peaceful and favourable to inter-personal relationships on a basis 
of equality and mutual respect. Sexual harassment would be specifically deemed to be 
discriminatory behaviour for the purpose of Article 4 of Law 125/1991. 
The draft proposes infer alia that it should be obligatory for employers to adopt the measures 
necessary to ensure the physical and moral integrity of their employees and to agree with 
trade unions on the necessary training and preventive action. It also makes provision for 
annual information campaigns. 
Employers' Obligations 
Law No. 903 provides that liability falls on any person who commits an act of discrimination 
(Art. 16). This could potentially be applied to the employer in respect of sexual harassment 
by supervisors or colleagues. 
17 
Article 2087 of the Civil Code renders the employer responsible for the employee's moral and 
physical integrity. Several judges, namely: the Pretore of Trento, decision of 22 February 
1993; the Pretore of Milano, decision of 14 August 1991; the Pretore of Torino, decision of 
26 January 1991; the Pretore of Frosinone, decision of 11 August 1989 have ruled, on the 
basis of this article, that sexual harassment is a moral or physical injury for which the 
employer can be held liable. 
Legal remedies 
The Equal Opportunities Act states that acts which are detrimental to women because of their 
sex are legally null and void (Art. 15 of Act No 300 of 20 May 1970, "Workers' Statute"). 
The same act also includes a series of penalties and remedies against sexual discrimination 
at the workplace (Arts 15 and 16). 
Under Article 2087 of the Civil Code, the employer is liable in contract. However, Italian 
judges (see decisions quoted above) have also relied upon Article 2043 of the Civil Code 
(liability in tort), which establishes the general principle that any person who as a 
consequence of tort or negligence causes an injury, has a duty to pay compensation. The 
judges have invoked this article in conjunction with Article 32 of the Italian Constitution, 
which guarantees every citizen the fundamental right to health, in order to enable a woman 
to recover damages for sexual harassment at work. 
The lack of "Just cause of dismissal" (Article 2119 of the Civil Code) can also be relied upon 
by the victim of sexual harassment who refuses to submit to the harasser and therefore is 
dismissed (see decisions quoted above). 
II) Role of the social partners 
Many collective agreements contain provisions on sexual harassment and the Community 
instruments on sexual harassment are often cited in the preamble to the agreements. 
In the food distribution sector, a 1991 agreement between management and labour in the 
Caron SPA supermarket chain seeks to ensure a working environment free of conduct which 
is offensive to the dignity of women or men. The agreement takes note of the Commission 
Recommendation and Code of Practice. 
The national collective agreement for the textile sector contains provisions on sexual 
harassment at work. Under this agreement, management and labour will examine incidences 
of sexual harassment with a view to resolving the problem on a confidential basis. 
The national collective agreement of 16 November 1994 for the banking and insurance sectors 
provides for the protection of the dignity of women and men at work. This agreement takes 
explicit account of the Commission Recommendation and the Code of Practice. 
18 
A number of agreements have been signed in the public sector covering certain ministries, 
essential public services, regional and local bodies and non-economic public bodies. A 
common clause is included in all of these agreements which protects the dignity of the person 
and provides for sanctions against those who perpetrate acts of sexual harassment. In the case 
of acts amounting to sexual harassment or offending the dignity of persons, the harasse»" «««y 
be laid off for days without pay. Similarly, Alitalia has agreed a policy for the prevention of 
sexual harassment of staff. 
The public sector agreements state that Equal Opportunities Commissions (EOCs), consisting 
of persons nominated in equal measure by employers and trade unions, must be set up in the 
workplace to, inter alia deal with complaints of sexual harassment. In the private sector, 
clauses providing for the setting up of EOCs have also been included in some agreements. 
There are several examples of good practice at regional and local level, inter alia in the case 
of the administrations of Toscana, Pisa, Torino, Genova and Catania, involving the adoption 
of codes of practice and, in the case of Toscana, also dissemination of information and 
training courses on how to combat sexual harassment. 
Ill) Awareness-raising campaigns and other measures 
There is no information on any public awareness-rising campaigns. 
LUXEMBOURG 
1) Legislation 
Applicable law 
There is no specific statutory provision on sexual harassment in Luxembourg. No legislative 
steps have been taken in this matter after the adoption of the Commission Recommendation. 
The following provisions of criminal and civil legislation could be applied in cases of sexual 
harassment at the workplace: 
-Under criminal law, sexual harassment could be termed an offence against decency (Art. 
378), a public offence against morality (Arts 383-386) or as deliberate assault and battery 
(Art. 392). 
-As regards legislation on working relations, the law of 8 December 1981 on equal treatment 
of men and women as regards access to employment, vocational training and promotion and 
working conditions could potentially be applied to cases of sexual harassment regarded as 
specific forms of sexual discrimination. 
-More generally, the articles of the Civil Code on the fulfilment of contractual obligations 
could in theory, apply to sexual harassment (in particular Article 1134 which states that 
agreements must be enforced in good faith). 
The necessity of adopting measures to deal with sexual harassment, has been stressed in the 
Government's declaration of 22 July 1994 before Parliament. 
19 
Employers' Obligations 
The employer's obligations are to be determined by the tribunals according to the law found 
applicable to cases of sexual harassment. 
Legal remedies and other measures to help victims 
Victims of sexual harassment may make a claim under the Equal Treatment legislation, the 
Penal Code and more abstract, Civil Code legal concepts. It is up to the tribunals to decide 
whether these laws apply to cases of sexual harassment. 
II) Role of the social partners 
Many collective agreements enable the employer to suspend the employment contract on the 
grounds that an employee has committed a serious offence or is guilty of dishonest or 
criminal acts. Such a provision can theoretically be used by an employer to take disciplinary 
measures against a perpetrator of sexual harassment. 
III) Awareness-raising campaigns and other measures 
There is no evidence of any information or awareness-raising campaigns in Luxembourg on 
this matter. 
NETHERLANDS 
I) Legislation 
Applicable law 
New legislation on sexual harassment has come into force through an amendment to the 
Working Conditions Act (Act of 29 June 1994). 
The amended Working Conditions Act now contains a definition of sexual harassment. It 
provides for the protection of employees from sexual harassment by colleagues and third 
parties such as suppliers, customers and patients. It also applies to work which is performed 
off the premises. The Act leaves some latitude to employers and employee representatives to 
agree on the precise modalities for dealing with sexual harassment at work. 
Apart from the Working Conditions Act, provisions in the Penal Code on rape and indecent 
assault and provisions in the Civil Code which lay down the duty of "good employer" and 
"good employee" can, under some circumstances, be applicable in cases of sexual harassment. 
Employers' Obligations 
The amended Act provides for a duty of care on the part of an employer to protect, as far as 
is possible, male and female employees from sexual harassment. The employer must make 
it clear to all staff that sexual harassment is prohibited. 
20 
The employer's duty of care extends to all employees, apprentices and trainees in the 
company. 
Employers are now required by law to draw up and implement a general policy on protection 
of workers. Sexual harassment is not explicitly mentioned in the requirements for the plans 
but should principally be included because of the employer's general obligation to protect the 
workers against sexual harassment. Sexual harassment should therefore be included when 
employers list and evaluate risks and it should figure in the annual work plan and report. 
Employees and Works' Councils shall be informed of the steps undertaken by the employer 
to combat sexual harassment. 
The Inspection and Information Service of the Ministry for Social Affairs and Employment 
(I-SZW) follows up on the fulfilment of these duties by the employer. 
Legal remedies 
Under the Working Conditions Act, employees have to be informed how victims can seek 
assistance and they may cite sexual harassment as a reason for interrupting their work. 
A regulation concerning complaints of sexual harassment in the civil service was adopted in 
1994. It provides for confidential counselling, an independent complaints committee and a 
complaints procedure for civil servants in the central government. Regulations to the same 
effect covering other public employees such as the police and state-education employees have 
also been introduced. 
II) Role of social partners 
The FNV Industriebond, representing industrial workers, has adopted a code of behaviour on 
sexual harassment and provides special training on the issue to some union officers. The same 
organisation has produced a model agreement on sexual harassment for collective negotiation 
which provides, inter alia, for a confidential counsellor to be appointed at company level to 
advise and assist victims. 
Similarly, the FNV Dienstenbond, representing clerical workers, has adopted a policy of 
preventing sexual harassment in the union itself and in the workplace. Information and 
training are provided for union representatives. Lists of qualified union officers are then 
circulated to members. A guide on how to implement a sexual harassment policy has been 
drawn up, as well as a model agreement for collective bargaining. It is reported that more 
than 20 sectoral agreements deal with sexual harassment, covering retail and wholesale, 
banking and insurance. 
The Women's Secretariat of FNV disseminated an information leaflet on sexual harassment 
in 1992. 
In 1990, the Labour Foundation (Stichting van de Arbeid), a consultative body comprising 
management and labour, published a recommendation on the prevention of sexual harassment 
at work. 
21 
Ill) Awareness-raising campaigns and other measures 
Television advertisements were broadcast in early 1995, to raise awareness of sexual 
harassment and the introduction of the new law. 
PORTUGAL 
I) Legislation 
Applicable law 
Portugal has no national legislation which specifically addresses sexual harassment in the 
workplace. However, provisions of the Labour Contract Law, the Civil Code and the Penal 
Code can be applicable to sexual harassment. 
The Labour Contract Law (Decree Law of 24 November 1969) lays down duties of mutual 
respect for employers and employees, Arts 20, 27 and 40, see below under (II) and (III). 
Under Decree Law 64-A/89 of 27 February 1989 (Art. 9-2), the employer has the right to 
dismiss an employee who: 
violates the rights of workers in the workplace, 
is responsible, within an undertaking, for physical violence, insults or other offenses 
punishable by law, vis a vis the workers of that undertaking. 
Article 70 of the Portuguese Civil Code protects individuals against any 'illegal offence or 
threat of illegal offence against their physical or moral person'. 
Even if sexual harassment is not a crime itself in Portuguese law, a more severe act of sexual 
harassment may fall under the category of crime against the liberty of the individual in the 
Penal Code. 
Employers' Obligations 
The Labour Contract Law requires the employer to respect employees as colleagues and 
provide employees with good physical and moral working conditions (Article 19). 
Article 40 of the same law puts an obligation on the employer to impose disciplinary 
measures on an employee who by his/her conduct breaches the obligation of mutual respect 
towards another employee laid down in articles 20 and 27. 
Legal remedies 
Under the 1989 Decree Law, workers are authorised to terminate their employment contracts 
without notice if they are victims of offences punishable by law relating to their physical 
integrity, freedom, honour or dignity. These offences have to be committed by the employer 
or his legal representative for the termination to be authorised (Art. 35-1 (b) and (f) ). 
22 
In that case, the workers are entitled to compensation estimated at one months' salary for 
every year they have worked for the undertaking (Art. 36). 
Furthermore, through an amendment, (Law 48/95), Article 130 of the Penal Code gives the 
victims of sexual harassment, when this amounts to a violent crime under the Penal Code, 
(see (I) above), the possibility of receiving compensation from the state. 
Compensation for a violation of the obligation of Article 70 in the Civil Code, (see (I) above), 
is possible through Article 483 of the same code. 
II) Role of social partners 
In Portugal, the Women's Committee of the General Workers' Union (UGT) has been active 
on the issue of sexual harassment, informing branch organisations of the contents of the 
Commission Recommendation. The UGT included the prevention of sexual harassment 
amongst its working objectives in 1992. Sectoral unions, for example in the banking, tourist 
and food sectors, have also run seminars on the subject. 
In the textile sector, the employer organisation Associaçào Portuguesa dos Industrials de 
Vestuario expressed interest in the guidelines contained in the Commission Code of Practice 
and is including the issue in its next round of collective bargaining. 
However, it would generally appear that the issue of sexual harassment is not a priority for 
social partners in the context of collective bargaining. 
III) Awareness-raising campaigns and other measures 
In 1989, the Commission for Equality and Women' Rights issued a definition of scAuai 
harassment which is comparable with the definition given in the Code of Practice 
accompanying the Commission Recommendation. This was followed by the publication of a 
brochure entitled 'Sexual harassment at the workplace'. 
In 1992, the same Commission published research into sexual harassment at the workplace. 
23 
UNITED KINGDOM 
I) Legislation 
Applicable law 
A case of sexual harassment may be taken under the Sex Discrimination Act 1975. More than 
260 cases have been heard by Industrial Tribunals since this principle was established in the 
1986 Porcelli case12. 
Under section 71 of the Sex Discrimination Act, the Equal Opportunities Commission (or 
Northern Ireland Equal Opportunities Commission) may, on request, conduct an enquiry or 
initiate legal proceedings in cases of sexual harassment at the workplace. To date, no case has 
been brought. 
The Trade Union Reform and Employment Rights Act 1993 permits tribunals to make a 
restricted reporting order on cases of sexual harassment, so that potential plaintiffs are not 
deterred by the prospect of publicity. 
A criminal offence of'intentional harassment' has been created under the Criminal Justice and 
Public Order Act 1994. Although mainly aimed at addressing racial harassment, it also applies 
to other forms of harassment, including sexual harassment. 
Employers' obligations 
Under the 1975 Act, employers are liable for any discriminatory acts on the part of their 
employees carried out in the course of their employment unless an employer can show that 
it took reasonable steps to avert such acts. 
Legal remedies 
There is no specific provision which provides that a victim of sexual harassment may resign 
but in Common law, an employee is entitled to terminate his/her employment contract and 
at the same time bring a claim for unfair dismissal because the employer has committed a 
repudiatory breach of the contract. It will therefore be for the tribunal to ascertain whether 
the act of sexual harassment constitutes repudiatory conduct on the part of the employer. If 
a repudiatory breach of contract by the employer is established, the employee can also be 
awarded damages. 
12 Porcelli v. Strathclyde Regional Council [1986]ICR 564, IRLR 134 (Ct of Sess.) 
24 
If an act of discrimination, including sexual harassment, is carried out in the course of 
employment, the employer is liable under the Sex Discrimination Act 1975. In two recent 
cases13, the tribunals did not find acts of sexual harassment to be "an improper mode of 
performing authorised tasks" by the employee and the complainant was left without a remedy. 
Thus, there is a risk that some cases of sexual harassment will not be covered by the Sex 
Discrimination Act. 
Industrial Tribunals have full discretion as to the level of compensation to be awarded to a 
successful complainant. 
Under the Criminal Justice and Public Order Act 1994 the criminal offence of'intentional 
harassment', defined as the use of abusive or insulting words or behaviour with intent to cause 
a person distress or harassment, is punishable by six months imprisonment and a fine of 
£5000. 
II) Role of social partners 
Hie Confederation of British Industry and the Trades Union Congress were consulted on the 
drafting of government booklets on sexual harassment. 
The issue of sexual harassment has a high profile in the United Kingdom and comprehensive 
policies to deal with sexual harassment at work have been adopted in large sectors of 
industry. 
In the clerical sector, many of the major British banks have adopted sexual harassment 
policies. Typically, these policies state that sexual harassment is intolerable and make it the 
duty of staff to ensure that it does not arise. Informal and formal complaints procedures are 
set in place, involving staff representatives and management. 
Sexual harassment policies have also been undertaken by some large supermarket chains, food 
companies and local authority employers. 
As regards the public service, a questionnaire has been sent out to all government departments 
and other public institutions in order to gauge awareness of the Commission Recommendation 
and Code of Practice and to see whether sexual harassment policies were being put in place. 
All government departments have taken steps to inform staff that sexual harassment is 
intolerable behaviour and a serious disciplinary offence. Most departments have a network of 
trained counsellors to deal with sexual harassment by providing confidential advice and 
support. Sexual harassment is discussed in many of the training programmes provided for 
staff. 
Sexual harassment policies have also been adopted for the police, the fire service and British 
Rail. 
13 Tower Boot Limited v. Jones 1995 IRLR 513, 529 and Waters v. Commissioner of 
Police of the Metropolis 1995 IRLR 531 
25 
Ill) Awareness-raising campaigns and other measures 
In order to raise awareness about the Commission Recommendation, the Employment 
Department published a brochure for employers and a factsheet for employees. These 
publications were drawn up following consultation with the Equal Opportunities Commission 
(EOC) and social partners. They were distributed free of charge to all companies with more 
than 10 employees - approximately 100,000 companies. 
In 1993, the EOC for Northern Ireland published and disseminated two brochures on sexual 
harassment. It also reproduced the text of the Commission Recommendation and Code of 
Practice, drawing employers' attention to the guidelines contained in the code. Similarly, in 
1994 the EOC for Great Britain published and distributed two publications on sexual 
harassment., one for employers, the other for employees. 
26 
Survey of the legislative situation in the new Member States - Austria, Finland and 
Sweden 
AUSTRIA 
Legislation 
Applicable law 
In December 1992, new legislation was passed, amending the Equal Treatment Act of 1979, 
introducing special provisions on sexual harassment. 
The amended Equal Treatment Act states that discrimination on grounds of sex arises when, 
in connection with an employment relationship, an employee is subject to sexual harassment 
by the employer himself (Article 2.1a.l) and when the employer is guilty of not providing an 
adequate remedy against sexual harassment by third parties (Article 2.1a.2). 
The Act gives a definition of sexual harassment stating three different kinds of conduct that 
constitute sexual harassment. Firstly, when there is conduct of a sexual or sex-based nature 
in the workplace, either affecting another person's dignity, being undesired by her/him, or 
being inappropriate or offensive to her/him. Secondly, when there is conduct of a sexual or 
sexed-based nature leading to an intimidating, hostile or humiliating work environment. 
Finally in cases of sexual blackmail in the workplace. 
Employers' obligations 
The remedies to be introduced by the employer in cases of sexual harassment by third parties, 
see above, may be founded on legal norms, norms of collective agreements, or norms of the 
employment contract. 
The employer's duty to provide adequate remedies clearly includes taking the appropriate 
action to end an act of sexual harassment that comes to his or her knowledge. It is somewhat 
unclear if this duty also includes the creation of conditions for the prevention of sexual 
harassment. 
Legal remedies 
Action by a victim of sexual harassment can be taken at the labour court up to six months 
after the harassment has occurred. 
There is also a possibility for the victim of sexual harassment to complain to the Equal 
Treatment Commission (ETC) instead of, or as well as, taking legal action. The ETC is an 
administrative body consisting of three government, four employer and four employee 
representatives. The ETC proceedings are not public. 
27 
FINLAND 
Legislation 
Applicable law 
A new Act on Equality Between Women and Men came into force in 1995. The Act prohibits 
direct or indirect discrimination on the basis of sex (Article 7). The actions of an employer 
shall be deemed to constitute discrimination if the employer neglects to ensure that an 
employee is not subjected to sexual harassment (Article 8.2.4), see below. 
The Penal Code does not contain prohibition on sexual harassment as such but the crimes 
against dignity and sexual abuse can be applicable in some cases. 
The Act leaves it to the courts to define sexual harassment. 
Employers' obligations 
Under the 1995 Act, the employer has an obligation to promote equality in working life 
(Article 6), which includes ensuring, as far as possible, that an employee is not subjected to 
sexual harassment (Article 6.2.4 ). 
An employer with at least 30 staff shall include measures to further equality between women 
and men in the annual personnel or working plan, or the action programme for labour 
protection (Article 6 a). Even if the specific measures to be included in such a plan are not 
mentioned, they should certainly include measures to combat sexual harassment, considering 
the positive obligation the employer has to ensure a working environment free of sexual 
harassment. 
Legal remedies 
An employer who has violated the prohibition on discrimination, including not fulfilling the 
obligation as far as possible to ensure that an employee is not subject to sexual harassment, 
shall be liable to pay compensation to the affected person (Article 11). 
A claim for compensation against the employer shall be pursued within one year from the 
date when the act of sexual harassment took place. 
28 
SWEDEN 
Legislation 
Applicable law 
The Act Concerning Equality Between Men and Women (SFS 1991:433), hereafter "the 
Equality Act", states that an employer may not subject an employee to harassment because 
the latter has rejected the employer's sexual advances or lodged a complaint about the 
employer for sex discrimination (Article 22). This is also applicable to persons other than the 
employer who have the right to make decisions concerning an employee's working conditions. 
The Equality Act does not prohibit sexual harassment itself in the workplace and does not 
provide a definition of sexual harassment. 
The Law on Protection of Employment is applicable when an employee resigns because of 
sexual harassment (see below). 
Employers' obligations 
According to the Equality Act, an employer shall take, with regard to her or his resources, 
such measures as may be required to ensure that working conditions shall be appropriate for 
both men and women (Article 4). Furthermore, the employer shall strive to ensure that no 
employee is subjected to sexual harassment (Article 6). A general obligation for the employer 
to ensure a working environment free of discrimination, is repeated in the Working 
Environment Act. This has, in explanatory directions (AFS 1993:17), been qualified to include 
sexual harassment. 
The measures taken to ensure equality in working conditions shall be included in a yearly 
equality plan to be drawn up by businesses with 10 or more employees. An account of how 
the planned measures have been implemented shall be included in the plan for the following 
year (Article 10 of the Equality Act). 
The Equality Ombudsman has an obligation to control that these plans actually are drawn up 
in accordance with the provisions of the Equality Act. 
Legal remedies 
An employee who has been subjected to harassment because he or she has rejected the 
employer's sexual advances or lodged a complaint about the employer for sex discrimination 
(Article 22), is entitled to compensation from the employer for the moral injury caused by the 
harassment. 
If the requirements in Article 22 of the Equality Law are not applicable, as sexual harassment 
is not prohibited as such in Swedish law, a victim of sexual harassment will have to prove 
under the penal procedural rules that the discriminatory behaviour constitutes a crime under 
the Penal Code, to obtain compensation. 
29 
An employer who does not strive to ensure that employees are not subjected to sexual 
harassment and/or does not draw up an equality plan, including inter alia measures to combat 
sexual harassment, may be ordered under penalty of a fine, to fulfil her or his obligation. 
Such an order may be made by the Equal Opportunities Commission at the request of the 
Equality Ombudsman. 
The Equality Ombudsman may also present a case of harassment under Article 22 of the 
Equality Act for an individual employee or job applicant before the Labour Tribunal, if the 
person so permits and the case can be of importance as a precedent. 
30 
CHAPTER II 
31 
CHAPTER II 
THE PRACTICAL IMPLICATIONS OF THE CODE OF PRACTICE 
Article 4 of the 1991 Commission Recommendation on the protection of the dignity of 
women and men at work, states that this report should examine the degree of awareness of 
the Code, its degree of application, the extent of its use in collective bargaining and its 
perceived effectiveness 
The previous chapter has already dealt with some of these issues and the present chapter will 
build on the results of that presentation. Firstly, the degree of awareness by certain a^iui» twù 
the measures taken by them to disseminate information will be considered. Secondly, the use 
of the Code in legislation and collective bargaining will be assessed, and finally an evaluation 
will be made on the effectiveness of the Code in these respects. 
Degree of awareness of the Code 
ft is difficult to gauge precisely the degree of awareness amongst workers and employers 
across the European Union of the Commission Recommendation and Code of Practice, or 
of the problem of sexual harassment itself. However, an examination of the awareness of 
National Authorities, Social Partners and other Actors and the measures taken by them to 
raise awareness can give some indication of the situation. 
Measures taken by National Authorities 
According to the Recommendation, Member States are recommended to take action to 
promote awareness that sexual harassment is unacceptable (Art 1) and to encourage employers 
and employee representatives to implement the Code (Art 3). 
It is clear from the previous chapter that national authorities differ considerably from one 
another in the approach taken to raise awareness about the problem of sexual harassment as 
addressed in the Commission'Recommendation. In general, very little has been done to raise 
awareness of the problem at workplace level. 
Where the subject has been raised, it has been either by government, by national equality 
agencies or by government in co-operation with independent organisations. The methods used 
include research reports, surveys, brochures, leaflets and television advertising. Clearly, there 
are limitations as to the impact of such campaigns on the population as a whole, especially 
if they are isolated initiatives, not accompanied by collective agreements or legislation. 
32 
Measures taken by Social Partners and other actors 
Regarding trade unions, there are some excellent examples of follow-up, but these tend to be 
the exception rather than the rule. Some of the organisations which have achieved notable 
results on this issue are those with a very active women's department that have elaborated a 
comprehensive strategy to eliminate sexual harassment in the workplace. 
In general, the trade unions of the different countries have developed information leaflets and 
training material on sexual harassment and contributed to raising the issue of sexual 
harassment as a social problem. Again, such isolated measures are not a very effective means 
of dealing with the problem. 
Some organisations did go further and elaborated a model agreement on sexual harassment 
roughly corresponding with the Code of Practice. 
Employers' organisations appear, in general, to be less aware of the contents of the 
Commission's Code of Practice and seem rather reluctant to adopt measures to prevent sexual 
harassment in the workplace. In some countries, (e.g. the United Kingdom and Ireland) 
individual employers and their organisations have been more active, issuing policy statements 
or guidelines to prevent and combat sexual harassment at work. 
It is also important to underline the vital role played by women's associations in allowing the 
victims to be heard and in bringing the problem of sexual harassment into the political and 
social debate. They also assist social partners in the development of procedures on how to 
deal with sexual harassment at work. These women's associations often carry out research on 
the extent and the financial and personal implications of the problem of sexual harassment. 
In several countries, these associations, often together with social partners, take part in the 
direct preparation of legislation on sexual harassment. 
Measures taken at European level 
As previously mentioned in the introduction, the Commission has for its part undertaken a 
variety of measures in order to draw public attention to the problem of sexual harassment and 
Community policy on this subject. It has published a guide to implementing the Commission 
Code of Practice and has supported information seminars, research pilot projects and other 
actions. 
As part of the research into social partner initiatives on sexual harassment, questionnaires 
were sent to European organisations representing management and labour in the sectors under 
review, regrettably with little response. However, from those replies received the following 
information was obtained: 
In the food, Horeca and service sectors, the European Industry Committee of the Food, 
Catering and Allied Workers' Union within the IUF transmitted information on the 
Commission Recommendation to national affiliates and also distributed copies of the 
Commission's guide. 
33 
In the clerical sector, Euro-FIET has informed its member organisations about the EC policy 
on sexual harassment and adopted a motion on the issue at its most recent congress. It intends 
to draw up provisions which should be included in collective agreements on the issue. 
In the public sector, the European Public Service Committee informed its member 
organisations about the Commission Recommendation. It has presented a special paper on the 
subject, outlining the effects of sexual harassment, the legal framework and procedures for 
dealing with it. 
Degree of application of the Code at legislative level and in collective bargaining 
Legislation 
Since the Commission Recommendation was adopted in 1991, three Member States (Belgium, 
France, and the Netherlands) have enacted specific legislation on sexual harassment requiring 
that companies have pro-active policies to prevent and to combat sexual harassment, and 
ensuring easier access for victims to counselling and advice services as well as to legal 
remedies. Spain has introduced a prohibition of sexual harassment in its Penal Code and 
Germany has defined sexual harassment in its Equality legislation. Two countries, Italy and 
Ireland, are in the process of enacting specific legislation. 
Regarding the new Member States, Austria and Finland have recently introduced 
comprehensive legislative measures to combat sexual harassment. The Swedish law takes up 
sexual harassment indirectly but does not prohibit it in the workplace other than under 
specific circumstances. 
The remaining countries have general anti-discrimination legislation that is applicable to 
sexual harassment in varying degrees. With the exception of the United Kingdom, where 
extensive case-law have been developed, the existing legislation in these countries gives no 
more than a theoretical possibility of dealing effectively with sexual harassment. One has to 
bear in mind the very strict procedural requirements applying to criminal law and the 
difficulties of construing abstract Civil Code principles to apply to cases of sexual harassment. 
The sparse or non-existent case law on the matter in some countries is a clear indication of 
these difficulties. 
Collective Bargaining 
The social partners in Denmark, Italy, Ireland, the United Kingdom and the Netherlands have 
been fairly active. Within some sectors they have negotiated collective agreements with 
explicit provisions on how to combat sexual harassment at work. Many organisations at 
national level have developed model agreements. However, there does appear to be a lack of 
information within the social partner organisations on the practical implementation of such 
agreements at company level. It is clear from the very nature of the subject that active 
involvement of management and labour at company level is essential in putting into place 
adequate procedures to deal with sexual harassment at work. 
34 
Some development at social partner level can be seen in Spain, Belgium, France and Germany 
while in Greece, Portugal and Luxembourg sexual harassment does not seem to be considered 
as a priority for the social partners. Even though the Greek reply referred to a National 
Collective Agreement, there was no evidence of implementation of this agreement in the 
workplace. 
Until recently, the Social Partners in Germany have been passive, but in view of the adoption 
of the new law, it can be expected that they will start to negotiate on the issue. 
Other Actors 
Elsewhere, the Commission Recommendation and Code have produced some rather indirect 
effects, by instigating discussion on the topic, influencing official bodies to commission 
research or to develop new sexual harassment initiatives, or encouraging and legitimising 
certain measures and even perhaps a number of court decisions taken. 
In Ireland, the Employment Equality Agency, in cooperation with the social partners, has 
drafted a National Code of Practice very much in accordance with the Commission 
Recommendation and Code. It is expected that when this National Code receives statutory 
recognition, most companies will adopt its guidelines. 
Effectiveness of the Code 
To consider the effectiveness of the Code of Practice, one first has to turn to the 
Recommendation and the Code of Practice itself. The message that emerges from these 
documents is that it is not enough to simply provide a legal basis for victims of sexual 
harassment to sue their employers before a court. Rather, the approach must be preventive and 
pro-active, in that a clear policy is put in place and then carried out diligently at all levels of 
decision-making. 
In practical terms, legislation and/or model agreements without proper implementation at 
company level will not be effective. Legislation and comprehensive collective agreements will 
not be effective without information and vice versa. 
Legislation which defines sexual harassment and which is aimed specifically at combatting 
it through practical measures, can of course also have a great importance for raising 
awareness of the problem. 
Looking at the three countries that have enacted comprehensive legislation specifically aimed 
at actively combatting sexual harassment, the following observations can be made. Firstly, it 
appears that government recognition and support for the initiatives against sexual harassment 
were crucial to the advancement of the issue. 
35 
In these three countries, three general groups of actors were instrumental in developing and 
maintaining sexual harassment policy: governments, the unions and employers' organisations 
and women's groups. These groups had various degrees of implication in the major steps of 
the process: raising the issue of sexual harassment as a social problem; developing a policy 
to prevent and to combat the problem; and translating that policy into legislation and other 
action. None of these countries involved all the actors in all stages and in only one of the 
countries was work done to build on the legislative stage through action by the Social 
Partners in the collective bargaining process (at least for the sectors covered in the 
Commission's research carried out during 1995). 
In the Netherlands, the union organisations elaborated a model agreement on sexual 
harassment. They negotiated its adoption at company level with the employers. Many 
companies now possess collective agreements which contain this model agreement. 
Regarding the other countries, there will be considerable improvement if the planned 
legislation in Italy and Ireland is enacted. The Code has also proved quite useful in so far as 
it has sometimes been used by the social partners, mostly trade unions, at the national level 
in the drawing up of model agreements. The problem remains to implement these model 
agreements at company level. 
What is striking is the fact that, even where it can be clearly indicated that the Commission 
Recommendation and Code have had some influence, neither the national authorities nor the 
social partners have been able to provide substantial information presenting an evaluation of 
the progress made and which could have shown the extent of implementation and the real 
effectiveness of the Code at least within those countries or work sectors where there has been 
a relative success in this regard. 
36 
CONCLUSION 
37 

CONCLUSION 
Reviewing the results of the present report the following observations can be made. 
The report shows that the Recommendation and the Code of Practice have had at least some 
impact in most Member States. A variety of approaches have been adopted in those countries 
which have introduced specific legislation or important amendments to their civil and penal 
codes in order to tackle the problem of sexual harassment in a more coherent and efficient 
way as recommended in the 1991 Code of Practice. 
Firstly, provisions were frequently introduced in legislation or in national collective 
agreements explicitly defining and prohibiting sexual harassment. These measures have 
several advantages: they give the victim of harassment an identifiable remedy; they make it 
clear to the perpetrator that their behaviour is unacceptable and they have a general 
awareness-raising effect. 
Secondly, provisions have sometimes been enacted in legislation and/or in collective 
agreements putting a responsibility on the employer to ensure that the working environment 
is free of sexual harassment together with the possibility for the employer to take disciplinary 
measures against the perpetrator. This has a crucial preventive effect and thus avoids the 
development of potential problems. 
Thirdly, agreements and/or legislation have occasionally provided for the introduction of a 
confidential counsellor giving crucial assistance to the victim of harassment. 
These measures have been partially taken up by a number of Member States. In those 
Member States where these types of provision have been implemented through national 
collective agreements, it is doubtful whether they have been implemented at the workplace 
level. As to awareness-raising of the problem of sexual harassment, modest results have been 
achieved. 
The Code of Practice was drawn up with the intention of actually improving the situation for 
employers and employees in the Community, in respect of the problem of sexual harassment. 
To reach this goal, a comprehensive approach must be taken, involving actors at all levels and 
having a practical impact in the individual workplace. Such an approach must define and 
prohibit sexual harassment, provide for effective remedies and counselling and create a real 
awareness of the problem. 
It is clear that even if considerable progress has been made in certain countries, the 
comprehensive approach needed to ensure a working environment where sexual harassment 
can be effectively prevented and combatted has generally not been adopted. This can be 
explained at least in part by the inherent limitations of the Commission Recommendation, its 
success depending too much on it being widely known and followed on a voluntary basis. 
Thus, even if the 1991 Recommendation and the Code of Practice certainly do constitute a 
major step forward, it is clear that further progress needs to be made. 
38 
ISSN 0254-1475 
COM(96) 373 final 
DOCUMENTS 
EN 05 
Catalogue number : CB-C0-96-415-EN-C 
ISBN 92-78-07865-4 
Office for Official Publications of the European Communities 
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