Communication from the Commission to the Council and the European Parliament transmitting the European framework agreement on harassment and violence at work
Date: 2007-11-08
Institutions: European Commission
Subjects: employer, exchange of information, framework agreement, labour force, sexual harassment, social partners, workplace

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.11.2007 
COM(2007) 686 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

transmitting the European framework agreement on harassment and violence at work 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

transmitting the European framework agreement on harassment and violence at work 

The aim of this Communication is to inform the European Parliament and the Council of the 
European Union of the European framework agreement on harassment and violence at work, 
signed by the ETUC, BUSINESSEUROPE, UEAPME and CEEP on 26 April 2007. This is 
the  third  autonomous  agreement  to  be  negotiated  by  the  European  cross-industry  social 
partners, following a consultation by the European Commission under Article 138 of the EC 
Treaty.  

On 23 December 2004 the Commission decided to launch the first stage of consultation of the 
social  partners  concerning  violence  at  the  workplace  and  its  effects  on  health  and  safety  at 
work1, in the context of the Commission’s own agenda in the field of occupational health and 
safety, set out in the Community Strategy on Health and Safety at Work for 2002-2006.  

The European cross-industry social partners subsequently informed the Commission that they 
would organise a seminar on this issue to explore the possibility of negotiating an autonomous 
agreement, in line with their social dialogue work programme for 2003-2005. Following this 
seminar,  the  organisations  prepared  their  negotiating  mandates  and  officially  opened 
negotiations on 6 February 2006. The negotiations on a framework agreement lasted over ten 
months  and  were  successfully  concluded  on  15  December  2006.  After  approval  by  the 
internal  decision-making  bodies  of  the  four  social  partner  organisations  involved  in  the 
negotiations,  the  agreement  was  officially  signed  on  27  April  2007  in  the  presence  of  the 
Commissioner  responsible  for  employment,  social  affairs  and  equal  opportunities, 
Vladimír Špidla, and presented to the press. 

The  agreement  aims  to  prevent  and,  where  necessary,  manage  problems  of  bullying,  sexual 
harassment and physical violence at the workplace. It condemns all forms of harassment and 
violence and confirms the duty of the employer to protect workers against them. Companies 
in Europe are requested to adopt a policy of zero tolerance of such behaviour and to specify 
procedures to deal with cases of harassment and violence where they occur. These procedures 
can include an informal stage involving a person trusted by management and the workforce. 
Complaints  should  be  investigated  and  dealt  with  quickly.  The  principles  of  dignity, 
confidentiality,  impartiality  and  fair  treatment  need  to  be  respected.  Appropriate  measures 
will  be  taken  against  the  perpetrator,  including  disciplinary  action  up  to  dismissal,  and  the 
victim will receive support with reintegration, if needed. 

The  autonomous  agreement  is  to  be  implemented  by  the  members  of  the  signatory  parties, 
i.e. the national social partner organisations, in accordance with the procedures and practices 
specific  to  management  and  labour  and  the  Member  States,  as  provided  for  by  the  first 
alternative in Article 139(2) of the EC Treaty. It is to be implemented within three years after 
signature.  In  the  fourth  year  the  Social  Dialogue  Committee  will  prepare  a  report  on 
implementation of the agreement.  

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C/2004/5220. 

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While respecting the principle of the autonomy of the social partners, the Commission has a 
particular  role  to  play  in  the  specific  case  of  autonomous  agreements  implemented  in 
accordance  with  the  first  alternative  in  Article  139(2),  if  the  agreement  was  the  result  of  a 
consultation  under  Article  1382.  In  particular,  the  Commission  has  committed  itself  to 
publishing  autonomous  agreements  and  to  informing  the  European  Parliament  and  the 
Council, after  conducting an ex-ante assessment  of  the text. This ex-ante assessment  covers 
both the representativity of the signatory parties and the content of the agreement. 

Representativity:  The  Commission  considers  that,  as  examined  in  previous  studies,  the 
signatory parties are, collectively, sufficiently representative3 of management and labour for 
them to sign a cross-industry agreement at European level. On several occasions in the past 
they have demonstrated their capacity to conclude European framework agreements. All the 
signatory  parties  have  a  mandate  to  represent  their  members  in  social  dialogue  negotiations 
and have approved the agreement in line with their internal decision-making procedures.  

Content: The individual clauses of the framework agreement on harassment and violence at 
work  are  in  conformity  with  Community  law  and  its  aims  are  in  line with  the  objectives  of 
European policy on health and safety at work. The agreement takes an action-oriented, rather 
than a legal, approach to tackle harassment and violence at company level. The Commission 
considers  this  agreement  a  useful  contribution  by  social  partners  to  protecting  not  only  the 
health  and  safety  but  also  the  dignity  of  workers  and  to  promoting  modern  work 
organisations. As such, the agreement adds value to the relevant EU and national legislation, 
along the lines set out in the Commission’s consultation document.  

In the light of this ex-ante assessment, the Commission has decided to inform the European 
Parliament and the Council of the framework agreement on harassment and violence at work. 
Furthermore  the Commission  invites the European institutions to  promote the agreement  by 
their  own  means,  both  by  giving  it  adequate  publicity  and  by  supporting  implementation  at 
national level.  

The  Commission  will  provide  any  necessary  support  to  the  social  partners  during  the 
implementation  process.  Furthermore,  when  the  period  for  implementation  expires,  the 
Commission,  while  giving  precedence  to  the  monitoring  undertaken  by  the  social  partners 
themselves, will conduct its own monitoring to assess the extent to which the agreement has 
contributed to achieving the Community’s objectives. 

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See COM(2004) 557 of 12.8.2004. 
The  assessment  of  the  representativity  of  the  European  social  partners  is  based  on  the  three  criteria 
formulated in COM(93) 600. In order to be considered representative, social partner organisations must: 
-  be  cross-industry,  or  relate  to  specific  sectors  or  categories  and  be  organised  at  European  level;  
- consist of organisations which are themselves an integral and recognised part of Member States’ social 
partner  structures  and  with  the  capacity  to  negotiate  agreements,  and  which  are  representative  of  all 
Member States, as far as possible; 
- have adequate structures to ensure their effective participation in the consultation process. 

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FRAMEWORK AGREEMENT ON HARASSMENT AND VIOLENCE AT WORK 

ANNEX  

26 April 2007 

1. 

INTRODUCTION 

Mutual respect for the dignity of others at all levels within the workplace is one of 
the  key  characteristics  of  successful  organisations.  That  is  why  harassment  and 
violence are unacceptable. BUSINESSEUROPE, UEAPME, CEEP and ETUC (and 
the liaison committee EUROCADRES/CEC) condemn them in all their forms. They 
consider  it  is  a  mutual  concern  of  employers  and  workers  to  deal  with  this  issue, 
which can have serious social and economic consequences. 

EU4  and  national  law  define  the  employers’  duty  to  protect  workers  against 
harassment and violence in the workplace. 

Different forms of harassment and violence can affect workplaces. They can 

–  be physical, psychological and/or sexual, 

–  be one off incidents or more systematic patterns of behaviour, 

–  be  amongst  colleagues,  between  superiors  and  subordinates  or  by  third  parties 

such as clients, customers, patients, pupils, etc. 

–  range  from  minor  cases  of  disrespect  to  more  serious  acts,  including  criminal 

offences, which require the intervention of public authorities. 

The European social partners recognize that harassment and violence can potentially 
affect any workplace and any worker, irrespective of the size of the company, field 
of  activity  or  form  of  the  employment  contract  or  relationship.  However,  certain 
groups  and  sectors  can  be  more  at  risk.  In  practice  not  all  workplaces  and  not  all 
workers are affected. 

This agreement deals with those forms of harassment and violence which are within 
the competence of social partners and correspond to the description made in section 3 
below. 

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This includes amongst others the following Directives: 
- Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons 
irrespective of racial or ethnic origin 
- Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in 
employment and occupation 
-  Directive  2002/73/EC  of  23  September  2002  amending  Council  Directive  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 
- Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and 
health of workers at work 

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2. 

AIM 

The aim of the present agreement is to: 

–  increase  the  awareness  and  understanding  of  employers,  workers  and  their 

representatives of workplace harassment and violence, 

–  provide employers, workers and their representatives at all levels with an action-
oriented framework to identify, prevent and manage problems of harassment and 
violence at work. 

3. 

DESCRIPTION 

Harassment  and  violence  are  due  to  unacceptable  behaviour  by  one  or  more 
individuals  and  can  take  many  different  forms,  some  of  which  may  be  more  easily 
identified  than  others.  The  work  environment  can  influence  people’s  exposure  to 
harassment and violence. 

Harassment  occurs  when  one  or  more  worker  or  manager  are  repeatedly  and 
deliberately abused, threatened and/or humiliated in circumstances relating to work. 

Violence occurs when one or more worker or manager are assaulted in circumstances 
relating to work. 

Harassment  and  violence may be carried out by one or more managers or workers, 
with  the  purpose  or  effect  of  violating  a  manager’s  or  worker’s  dignity,  affecting 
his/her health and/or creating a hostile work environment. 

4. 

PREVENTING,  IDENTIFYING  AND  MANAGING  PROBLEMS  OF  HARASSMENT  AND 
VIOLENCE 

Raising awareness and appropriate training of managers and workers can reduce the 
likelihood of harassment and violence at work. 

Enterprises  need  to  have  a  clear  statement  outlining  that  harassment  and  violence 
will  not  be  tolerated.  This  statement  will  specify  procedures  to  be  followed  where 
cases  arise.  Procedures  can  include  an  informal  stage  in  which  a  person  trusted  by 
management  and  workers  is  available  to  give  advice  and  assistance.  Pre-existing 
procedures may be suitable for dealing with harassment and violence. 

A suitable procedure will be underpinned by but not confined to the following: 

–  It is in the interest of all parties to proceed with the necessary discretion to protect 

the dignity and privacy of all. 

–  No information should be disclosed to parties not involved in the case. 

–  Complaints should be investigated and dealt with without undue delay. 

–  All parties involved should get an impartial hearing and fair treatment. 

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–  Complaints should be backed up by detailed information. 

–  False accusations should not be tolerated and may result in disciplinary action. 

–  External assistance may help. 

If it is established that harassment and violence has occurred, appropriate measures 
will be taken in relation to the perpetrator(s). This may include disciplinary action up 
to and including dismissal. 

The victim(s) will receive support and, if necessary, help with reintegration. 

Employers, in consultation with workers and/or their representatives, will establish, 
review  and  monitor  these  procedures  to  ensure  that  they  are  effective  both  in 
preventing problems and dealing with issues as they arise. 

Where appropriate, the provisions of this chapter can be applied to deal with cases of 
external violence. 

5. 

IMPLEMENTATION AND FOLLOW-UP 

In  the  context  of  article  139  of  the  Treaty,  this  autonomous  European  framework 
agreement  commits  the  members  of  BUSINESSEUROPE,  UEAPME,  CEEP  and 
ETUC  (and  the  liaison  committee  EUROCADRES/CEC)  to  implement  it  in 
accordance with the procedures and practices specific to management and labour in 
the Member States and in the countries of the European Economic Area. 

The signatory parties also invite their member organisations in candidate countries to 
implement this agreement. 

The implementation of this agreement will be carried out within three years after the 
date of signature of this agreement. 

Member  organisations  will  report  on  the  implementation  of  this  agreement  to  the 
Social Dialogue Committee. During the first three years after the date of signature of 
this agreement, the Social Dialogue Committee will prepare and adopt a yearly table 
summarising  the  on-going  implementation  of  the  agreement.  A  full  report  on  the 
implementation  actions  taken  will  be  prepared  by  the  Social  Dialogue  Committee 
and adopted by the European social partners during the fourth year. 

The signatory parties shall evaluate and review the agreement any time after the five 
years following the date of signature, if requested by one of them. 

In case of questions on the content of this agreement, member organisations involved 
can jointly or separately refer to the signatory parties, who will jointly or separately 
reply. 

When  implementing  this  agreement,  the  members  of  the  signatory  parties  avoid 
unnecessary burdens on SMEs. 

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Implementation  of  this  agreement  does  not  constitute  valid  grounds  to  reduce  the 
general level of protection afforded to workers in the field of this agreement. 

This  agreement  does  not  prejudice  the  right  of  social  partners  to  conclude,  at  the 
level,  agreements  adapting  and/or 
appropriate 
complementing this agreement in a manner which will take note of the specific needs 
of the social partners concerned. 

including  European 

level, 

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