Occasion harassment are today a critical and central point in employment relationships. The existence of a employment contractAs is known, it can improve a myriad of situations of imbalance and sometimes cause abuse.
From Rui Borges Pereira *
Therefore, the issue of harassment at work was a motto for the relevant legislative changes, and there is a growing requirement and rigor in the analysis that the courts make about the phenomenon, both in the sense of responsibility of the companies, but also to (re) to declare and remember that the employment relationship presupposes, by nature, the existence of a mirror in order to confer (the powers have given (designated.
The concept of harassment of work
OR Labor code Defines the harassment of the work – also known as moral harassment at work – like Unwanted behavior practiced in the context of the relationship of work, with the aim or effect of disturbing or embarrassing the worker, influencing their dignity or creating an intimidating, hostile, degrading, humiliating or destabilizing environment. This concept, intentionally open and complete, can therefore materialize in various conduct, such as:
- Worker insulation within the company;
- Non -attribution of functions or emptying responsibilities;
- Imposition of tasks lower than the professional category;
- Verbal or gestural aggressions, vexatious practices or public humiliations;
- Retaliation against workers who denounce situations of harassment.
However, it is essential to underline that the suffering of a particular situation to the concept of harassment must be evaluated on the basis of the concrete circumstances of each case. In fact, the same conduct of the employer, in distinct contexts and circumstances, can be famous as harassment, in some cases and not be in others.
Opera harassment in the work courts
This is often the difficulty in evaluating the house of any situation, which are often placed on the appreciation of Portuguese courts. In any case, with the rise of decisions, it begins to stabilize some interpretative lines and clues, which help the analysis of the phenomenon.
Take, for example, that the connection between various employer behaviors, apparently dissociated with each other, can be decisive for the definition of the frame: even if some acts, analyzed in insulation, may seem harmless, their repetition can generate and show the creation of a molest work environment. The importance of the question highlighted when we remember that the existence of harassment of the work can only be the cause of contractual termination, promoted by the worker.
As a simple example, we list some recent decisions on the subject.
1
In this case, the Stj analyzed a situation in which the worker, after dealing with two subsequent illicit layoffs promoted by the employer, was subject to a hostile work environment. The employer violated the right of the worker to effective employment, emptied him from his duties, limited his work to a dining table near the laundry area, obstructed his access to relevant information and prevented him from participating in work meetings. The Stj concluded that these conduct configured bullying, which constitutes only the cause of the employment contract termination.
2
The STJ has believed that harassment are an illegal behavior that violates the dignity and personality of the worker, which will probably generate the right to compensate for non -hereditary damage. In this case, the compensation was assigned to a worker who has never been placed in the functions corresponding to his professional category, with consequent serious depression, discouragement, sadness, loss of self -esteem and financial difficulties.
3
The STJ clarified that, according to the labor code, for the configuration of harassment, it is not necessary that the behavior aims to influence the victim, only that this is the effect of the behavior adopted by harassment. This understanding facilitates the protection of the worker, since it is not necessary to demonstrate the intention of the aggressor and it is sufficient to demonstrate the negative effect of the behavior.
Obligations of companies and risk of inaction
The tendency of legislation was clear in its manifest intention to fight and correctly sanction the phenomenon, as well as to strengthen the responsibility of employers in preventing and fighting harassment in the workplace.
These measures can pass, most of them: from:
- Adoption of codes of conduct against the harassment of work;
- Obligation to establish a disciplinary procedure for the investigation into complaints and when there are suspicions of harassment;
- Perform training actions On the harassment of work.
Depending on the reality of each society, there may be concrete measures whose adoption is mandatory and its non -compliance can in their responsibility, that is to say sanction.
But above all, an ineffective management of these situations can have serious consequences for organizations:
- Contingencies and risk of judicial beliefwith the granting of compensation to workers who could be very significant;
- Deterioration of the organizational climate and the work environmentinfluence productivity and increase absenteeism and turnover;
- Impact on corporate reputationcompromising the employer and the relationship with customers and partners;
- Difficulty in conservation of talentchasing qualified professionals.
Conclusion: a culture of prevention as a strategic pillar
The practice and reality have accentuated it It is not enough to have written rules on the phenomenon, included in a code of conduct that nobody reads, or knows, and it is stored in the company’s archive: it is essential to make sure that they are actually applied and that the company adopts an active position in the eradication of these practices. The creation of a safe and respectful work environment is not only a legal imperative, but also An essential factor for the sustainability of organizations. Companies that invest Prevention of harassment and promote a culture of respect and ethics They will always be better positioned to mitigate risks, protect your reputation and guarantee efficient management of human resources.
* Cofundening lawyer of CBA legal consultants.
Legal warning: This article is simply instructive and its content cannot be considered as the supply of legal services or advice of any kind. This article is, by nature, generic, abstract and is not directly applicable to any specific case, therefore does not dispense with the consultation of a properly qualified professional and the reader should not act or not act in reference to its content.
