Innangard International Report on Sexual Harassment in eleven Key Jurisdictions

Innangard International Report on Sexual Harassment in Eleven Key Jurisdictions

The latest report from Innangard, the international employment law alliance of which AUGUSTA ABOGADOS is a member, focuses on the issues, implications, recent developments and consequences surrounding sexual harassment in the workplace in key jurisdictions across Europe, Australia and China and is available to read here.

The report, covering Australia, China, England, France, Germany, Ireland, Italy, the Netherlands, Portugal, Spain and Switzerland, takes a cross-border look at each of the following:

Cultural background

• Recent examples of sexual harassment scandals
• Legal definition of sexual harassment
• Sexual harassment in the workplace
• Potential liabilities and/or sanction for both harasser and employer
• Interesting developments or cases
• Top tips for international employers

Highlights include:

Sexual harassment is reported to be prevalent in Australian workplaces, with a recent survey finding one in four women and one in six men having been sexually harassed during the course of their employment.

In China, the employer is responsible for civil compensation in scenarios where the employer is at fault, where the employee suffers physical, and/or mental and reputational damage.

In France, the penal code qualifies sexual harassment as sexual violence and provides that no employee can be penalised or dismissed for having submitted or having refused to submit to an act of harassment.

In Germany, in cases of physical harassment, the harasser may face criminal prosecutions, including a fine or up to five years’ imprisonment.

In Ireland, unwanted conduct includes spoken words, gestures or the production of written words, pictures and other material, offensive facial expressions, unwelcome and offensive calendars, screensavers, emails and other offensive material.

In Italy, 1,224,000 women (8.5% of workers) have reportedly been sexually harassed or blackmailed in the workplace.

In the Netherlands, sickness related absences caused by unwanted behaviour, including sexual harassment, have cost Dutch employers around €7 billion in total.

In Portugal, harassment provisions apply irrespective of the job, position or sex of the harasser or the victim.

In Spain, the harasser may face up to 1 year of imprisonment or a fine.

In Switzerland, the harasser can be fined an amount up to €8,500.

To view the report, click here.