Sexual Harassment

Sexual Harassment

The Criminal Code prohibits sexual harassment and prescribes simple imprisonment for the perpetrator. Whoever, apart from the cases specified in the preceding Article, procures from a woman sexual intercourse or any other indecent act by taking advantage of her material or mental distress or of the authority he exercises over her by virtue of his position, function or capacity as protector, teacher, master or employer, or by virtue of any other like relationship, is punishable, upon complaint, with simple imprisonment.

It is unlawful for an employer or a managerial employee to commit sexual harassment or sexual assault at a workplace. Similarly, workers are prohibited from engaging in sexual harassment or sexual assault at workplace. Sexual harassment is defined as persuasion or convincing a person through utterances, signs or any other manner to submit for sexual favour without his/her consent.  Sexual assault includes any sexual harassment accompanied by force or any attempt thereof.

Workers who have suffered sexual harassment or sexual assault/violence are entitled to terminate their contracts without notice, and also be eligible for severance payment and compensation. The Labour Proclamation provides a higher amount of compensation for employees who are forced to terminate their contract, without notice, for reasons of sexual harassment and sexual violence. Contract termination by a worker on account sexual harassment and sexual violence leads to three months of compensation payment.

Source: §625 of the Criminal Code Proclamation No. 414/2004; §14 of the Labour Proclamation No. 1156/2019