Number Study of the Interdisciplinary Centre for Gender Studies, 12.61 per 100 people in the population say they have experienced sexual harassment at work.

These figures are worrying and show that workplace harassment is a problem in the labour market.

In order to protect yourself, the best tool is to stay informed. To know specifically what it is, how to proceed in case of workplace harassment, and what rights you have, this article will answer these and more questions for you.

What is workplace harassment?

Workplace harassment is defined as a word, gesture or attitude that is unwanted by the other person.

When these attitudes aim to attack the victim's physical and psychological integrity, and there is a bad working environment, such as humiliation or destabilisation, it is also workplace harassment.

Moral Harassment: what it is

Undesirable behaviour, specifically that based on a discriminatory factor, practised when accessing employment or in employment itself, work or vocational training, with the aim or effect of disturbing or constraining the person, affecting their dignity or creating an intimidating, hostile, degrading, humiliating or destabilising environment.

Examples of Moral Harassment

• • Intentional Isolation Deliberately ignoring a colleague, not allowing them to participate in meetings or team activities.
  • Malicious Rumours: Spreading false or exaggerated information about a colleague to damage their reputation.
  • Devaluation Constantly minimising a worker's efforts or contributions, belittling them in front of colleagues.
  • Degrading Tasks Assigning demeaning or irrelevant tasks that do not correspond to the worker's duties.
  • Intimidation Veiled or explicit threats, shouting, or using aggressive language.
  • Sabotage Interfering with or preventing a colleague from completing their work, such as hiding tools or excluding them from essential communications.

Sexual Siege: what it is

A form of discrimination in access to employment and in work, in which unwelcome conduct of a sexual nature, whether verbal, non-verbal or physical, with the aim or effect referred to in the previous point, is practiced.

Examples of Sexual Harassment

• • Inappropriate comments To make sexual remarks or jokes about someone's physical appearance.
  • Unwanted Touches How to inappropriately touch, pinch, or grope without consent.
  • Unsolicited Proposals Offering promotions or benefits in exchange for sexual favours.
  • Exhibitionism Show images, messages, or videos of sexual content without the other person's consent.
  • Unwanted Communications Sending unsolicited messages, emails, or notes of a sexual nature.
  • Sexual Harassment To coerce or pressure someone into activities of a sexual nature, or to use a position of power to obtain sexual favours.

The difference between moral harassment and sexual harassment at work

When it comes to workplace harassment, this can be sexual harassment or moral harassment.

When sexual harassment occurs, there is unwanted touching, and even words of a sexual nature.

In relation to workplace bullying, this is associated with psychological pressure exerted on the victim, through attempts to discredit them.

O que fazer em caso de assédio no trabalho?

There are important steps to take in case of workplace harassment:

• Keep any evidence, such as emails, note down the names of people who might assist with the complaint, and/or record what happened;
• To make clear the displeasure with the act to the person who committed it;
• Talk about the situation with other people (like friends or family);
• Appeal for solidarity with colleagues;
• Above all, be aware of the seriousness of the situation;
• File a complaint with your superiors so that, together with human resources, the facts can be investigated.

How to report harassment in the workplace.

In addition to the points above, there are formal steps to take in cases of workplace harassment, including reporting the incident to the following entities: 

• Authority for Working Conditions;
• Commission for Equality in Work and Employment;
• Alongside the union;
• À APAV (Association for Victim Support).

Where can I file a complaint about workplace harassment?

A victim of workplace harassment can file a complaint with the PSP (Public Security Police), the GNR (National Republican Guard), the Polícia Judiciária (Criminal Investigation Police), or even the Public Prosecutor's Office.

What is considered harassment in Portugal?

In Portugal, workplace harassment involves situations that jeopardize the physical and/or psychological integrity of a victim, and which consequently create an environment of humiliation and hostility towards that victim.

What is the difference between harassment and workplace conflict?

There are differences to consider between harassment and workplace conflict.  What distinguishes harassment from conflict is intent.

In cases of workplace harassment, the aggressor must intentionally create an unpleasant and oppressive environment for the victim.

Workplace harassment is characterized by unwanted behaviors that disturb or embarrass a person, affect their dignity, or create an intimidating, hostile, degrading, humiliating, or destabilizing environment. However, it is important to understand that not all negative actions or behaviors in the workplace are classified as workplace harassment.

What is not considered workplace harassment?

Here are some situations that, by themselves, generally These are not considered workplace harassment.:

• Constructive criticism: Feedback on professional performance is welcome, provided it is presented in an objective and respectful manner, with the intention of promoting improvement.
• Decisions of the Administration or Management: Decision-making by superiors, such as team reorganization, task distribution, promotions, dismissals, or other administrative actions, is permitted, provided that such actions are not arbitrary or discriminatory.
• Sporadic Conflicts: Occasional disagreements or one-off arguments between colleagues are acceptable, as long as they are not recurring or cause humiliation.
• Job Requirements: High performance expectations or pressure to meet deadlines are acceptable, as long as they are not unrealistic or intended to deliberately overburden a worker.
• Justified Disciplinary Measures: Sanctions or warnings applied based on proven infractions or failures by the worker, provided they are applied in accordance with regulations and in a proportionate manner.
• Personal Differences: Not liking someone or having differences of opinion, as long as this does not result in discriminatory or hostile behavior.

How to identify harassment at work

Gestures or words of a sexual nature, unwanted physical contact, potential threats, or even double entendres are situations that reveal workplace harassment.

How to prove workplace harassment in Portugal?

There are ways to prove a situation of harassment at work:

• Witnesses to what happened;
• Documents that prove the situation of harassment;
• Audio recordings or messages that reflect a case of harassment;
• Interrogation of the person who is harassing;
• Expert opinion for the worker.

What is the deadline for filing a complaint?

The deadline to file a complaint is six months. The time period begins to count from the last time an incident of harassment occurred.

If you are afraid of reprisals, you can file the complaint elsewhere.

What to do in case of psychological abuse at work?

Mobbing, or physical aggression at work, can be combated through actions such as:

• Report it;
• To file a complaint;
• Alert your colleagues to the situation so they can witness it.

What are my rights as a victim of workplace harassment?

Both victims and witnesses have labor rights during a workplace harassment case:

Damage protection: Illnesses resulting from harassment entitle individuals to compensation.

Prevention through codes of good conduct: There are codes of good conduct to address cases of workplace harassment. If such a situation does occur, disciplinary proceedings should be initiated.

Right to compensation: A victim of workplace harassment is entitled to compensation for moral and material damages.

Legal protection against harassment. What the law says.

In Portugal, legal protection against workplace harassment is provided for in various laws, which recognize the seriousness of this behavior and seek to protect victims. Here are some key points on the subject:

• Labor Code (CT): The Portuguese Labor Code, in its Article 29., It establishes that workers have the right to a healthy and safe work environment, being protected against any form of discrimination, as well as against harassment. Article 79. It is even more explicit in defining what harassment is, distinguishing between moral harassment and sexual harassment:
  • Workplace harassment is defined as unwanted behavior, particularly that based on discriminatory factors, practiced during access to employment or within employment, work, or professional training, with the aim or effect of disturbing or constraining the person, affecting their dignity, or creating an intimidating, hostile, degrading, humiliating, or destabilizing environment.
  • Sexual harassment is unwanted behavior of a sexual nature, whether verbal, non-verbal, or physical, with the objective or effect mentioned above.
• Accountability of the Authors: The legislation provides for sanctions and liabilities for perpetrators of harassment, ranging from compensation to the victim to the application of disciplinary sanctions. The Labor Code stipulates, in Article 331, that harassment is just cause for the worker to terminate the contract, entitling them to compensation.
• Employer Obligations: Employers have a duty to promote a work environment free from harassment. Article 127 of the Labor Code states that employers must protect workers against harassment, whether moral or sexual.
• Complaint to the Authority for Working Conditions (ACT): Victims of harassment can file a complaint with ACT, which is responsible for supervising and monitoring working conditions in Portugal.
• Protection against Reprisals: Portuguese legislation also protects workers from reprisals by their employer, or their representatives, when there are allegations of harassment.
• Internal Rules in Companies: Some companies have their own codes of conduct or internal regulations that address the issue of harassment and establish preventive and corrective measures.

Workplace harassment: how can lawyers help?

Lawyers play a vital role in supporting victims of workplace harassment. Here's how they can help:

• Information: They can inform the victim about their legal rights and possible actions.
• Tests: They assist in organizing and collecting evidence of harassment.
• Negotiation: They can mediate discussions with the employer, seeking an amicable resolution.
• Representation in Court: If necessary, they defend the victim's rights in legal proceedings.
• Reporting to the relevant authorities: They provide guidance on filing complaints with government or regulatory bodies.
• Referral for Support: They may suggest mental health professionals or support groups.
• Confidentiality: They ensure that the victim's information remains private.

It is recommended that victims of harassment seek legal advice as soon as possible to ensure their protection and well-being.

Contact the office. Lawyers in Braga To learn more!

Conclusion 

Workplace harassment is a serious situation that should be identified by unwanted sexual advances or attempts to cause moral harm.

As soon as a case of workplace harassment is identified, it is very important to gather evidence such as emails, screenshots of messages, and above all, to gather witnesses. Reporting and filing a complaint with the competent authorities is the next step.

To properly follow the case and inform the victim of their various rights, the presence of a lawyer becomes crucial.

Note: The information presented in this article is for informational purposes only and should not be interpreted as legal advice. While we have made every effort to ensure the accuracy of the content, we accept no responsibility for any inaccuracies, omissions, or legal changes that may occur after publication. If you are facing a specific situation or have questions about any matter covered, we strongly recommend consulting a solicitor or legal expert for advice tailored to your circumstances.