MEASURES AND REGULATIONS FOR HARASSMENT AND VIOLENCE IN THE WORKPLACE
Preamble – Scope – Applicable Provisions
Following a decision by the Board of Directors (B.D.) of the National Center for Social Research (EKKE) in its session No. 301/25-10-2021, updated by newer decisions in its sessions No. 322/14-02-2023 and 326/02-06-2023, an effective framework has been implemented to prevent, address and combat violence and harassment as forms of conduct in order to always ensure a work environment where the right of every individual to work without violence or harassment is respected.
This framework applies to all EKKE’s employees, regardless of their employment status and relationship, including indicatively persons employed on a contract basis, self-employed or by a salaried order, and employed through third party service providers, as well as persons undergoing training or carrying out an internship, including, as an indication, trainees and apprentices, volunteers, employees whose employment relationship has ended, as well as persons under appointment or hiring processes by EKKE.
Applicable provisions are especially articles 4 to 8, 13, 14, 15, and correspondingly article 12 of Law 4808/2021, as well as the decision of the Minister of Interior (No. DIDAD/F.64/946/oik. 858/19.1.2023 – government gazette issue B’ 343/26.1.2023) on "Prevention and management of incidents of violence and harassment in the workplace in Public Sector Organizations."
Article 1
Prohibition of Violence and Harassment in the Workplace – Definitions
1. Any form of violence and harassment occurring during work is prohibited, whether connected to it or arising from it, including gender/gender identity-related harassment and sexual harassment.
2. Violating the prohibitions of this framework gives rise, inter alia, to a claim for full compensation of the person concerned, covering his/her positive and cumulative damage, as well as non-material harm.
3. a) "Violence and harassment" means the forms of conduct, acts, practices or threats thereof, which aim, lead or may lead to physical, psychological, sexual or financial harm, whether they occur individually or repeatedly. b) " Harassment" means the forms of conduct that intend to or effect on violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or aggressive environment, regardless of whether or not they constitute a form of discrimination, and include harassment on the grounds of gender/gender identity or other grounds of discrimination. c) "Gender/gender identity harassment" means the forms of conduct linked to a person's gender/gender identity, which intend to or effect on violating that person's dignity and creating intimidating, hostile, degrading, humiliating or aggressive environment. These forms of conduct include sexual harassment, as well as conduct related to a person's sexual orientation, expression, identity or gender characteristics.
4. Violence and harassment as forms of conduct may take place in particular: a) in the workplace, including areas where employees take a break for rest or a lunch break, and
in areas of personal hygiene and care, b) while commuting to and from work, other commuting, travels, training, as well as work-related events and social activities and c) in work-related communications, including those carried out through information and communication technologies.
Article 2
Information and Prevention Measures
The Directorate for Administrative, Financial Services and Development and EKKE’s Institutes shall: a) inform the administrative and research staff of EKKE by all appropriate means of the relevant provisions concerning the prevention and combating violence and harassment incidents in the workplace as well as the relevant instructions included in general or special codes and guidelines of ethics and professional conduct, b) post on the workplace or on EKKE’s website information about the procedures in place at EKKE for reporting and combating such forms of conduct, as well as the contact details for the competent, according to the relevant provisions, authorities, c) take the necessary actions for the training of employees regarding issues of managing incidents of violence and harassment in the workplace and eliminating or limiting the risks of such phenomena occurring, d) carry out information and awareness-raising activities for employees and encourage their participation in them, e) ensure that a safe and confidential environment is created for employees who wish to report incidents of violence and harassment at workplace in order to combat them on time according to the relevant procedures, and f) cooperate with EKKE’s Equality and Anti-Discrimination Committee.
Article 3
Procedure and reporting bodies for violence and harassment incidents in the workplace
1. Any person affected by an incident of violence and harassment against him/her, even if the employment relationship, in the context of which the incident or behaviour allegedly occurred against him/her has ended, apart from the judicial protection procedure, has the right to file a complaint: a) before the Ombudsman, b) before EKKE’s Director, and c) before the National Transparency Authority, as long as a complaint has been submitted to EKKE’s Director and s/he has not dealt with it competently after three months from the lodging of the complaint.
2. The complaint is submitted to EKKE’s Director by means of a confidential reference number. EKKE’s Director shall immediately, and no later than five (5) working days after receiving the complaint, examine the merits of the allegations in the complaint and call the person accused for explanations, as well as any other person who, based on the complaint or the explanations of the person accused, has become aware of or witnessed the incident of violence and harassment. If the conclusion of the accusation examination results in disciplinary liability on the part of the person accused, the outcome will be forwarded without delay, the latest within three (3) days, to the Disciplinary Board. The above deadlines are exclusive and exceeding them constitutes a disciplinary offence.
3. When dealing with complaints, EKKE’s Director shall exercise his/her duties with integrity, objectivity and impartiality, comply with the obligation of confidentiality and secrecy and refrain from handling specific cases by declaring an impediment in the event of a conflict of interest. In such a case, the Director forwards the complaint to the Ombudsman without delay.
4. The complainant must be promptly informed by EKKE’s Director about the progress of the examination of his/her complaint or of its possible transfer to another competent body.
Article 4
Protection Measures
1. When EKKE becomes aware of the violation of the prohibition of violence and harassment, competently takes all appropriate and proportionate measures against the person accused, in order to prevent a similar incident or behaviour, even during the investigation period of the relevant complaint.
2. Such measures may include recommendation for compliance, transferring to another organisational unit, changing the workplace or working hours, removing from the workplace by mandatory granting regular leave or replacement leave of absence, as long as there is a remainder, investigating any disciplinary liability of the person accused, his/her disciplinary prosecution and the imposition of a disciplinary penalty in accordance with the applicable provisions or terminating the employment contract in cases where this is possible based on the employment relationship of the person accused, subject to prohibition of abuse of rights of article 281 of the Civil Code. The measure of transferring to another organizational unit, changing the workplace or working hours, may also be implemented to the complainant if a relevant request is submitted and in this case the Center shall be obliged to give priority to that request.
3. Any person suffering an incident of violence and harassment against him/her, has the right to be justified absent from the workplace for a reasonable period that may not exceed three (3) working days, without deprivation of wages or other adverse impact, as long as according to his/her blessed belief there is an imminent serious risk to his/her life, health or safety, in particular when the perpetrator of such behaviour is the person's direct supervisor or when despite submitting a complaint, the necessary and appropriate measures have not been taken to restore the smooth operation of the Center or when these measures are not sufficient to stop the violent and harassing behaviour.
4. In the case of the preceding paragraph, the person leaving is obliged to previously inform in writing EKKE’s Director, denouncing the incident of violence and harassment and the incidents that justify his/her belief that there is a serious danger to his/her life, health or safety. As long as the risk does not exist or no longer exists or EKKE has taken all necessary measures and the person refuses to return to the workplace, his/her absence is no longer considered justified.
Article 5
Prohibition of Retaliation
It is prohibited by law and it is invalid to terminate in any way the legal relationship on which the employment is based, as well as any other adverse treatment of the complainant as long as it constitutes retaliatory behaviour due to his/her intolerance to sexual or other harassment against him/her, or countermeasure due to protest, complaint, testimony or any other action by him/her before a court or other authority, relevant to the implementation of this Framework.
Article 6
Appeal by Legal Entities and Associations of Persons
Legal entities and associations of persons with a legitimate interest may, by law, with the consent of the affected by violations of this framework individuals, appeal on their behalf before the competent administrative or judicial authorities. They may also intervene in their defence before administrative or judicial authorities.
Article 7
Burden of Proof
When someone falling within the scope of this Framework claims s/he is being subjected to harassment or violence and invokes facts or evidence that suggest direct or indirect harassment and violence, the person accused bears the burden of proving that there has been no breach of the above prohibitions.