Will change the Working Environment Act's rules on harassment
On Women's Day on March 8, the government sent out a consultation proposal on harassment in the world of work. The proposal is part of the follow-up of the Hurdal platform, where the government announced that strengthening the work against violence and harassment in world of work would be a priority task.
In the consultation note, the government proposes to ratify the ILO Convention on Eliminating Violence and Harassment in the World of Work, and to amend the Working Environment Act's rules on harassment. The consultation deadline is set for 8 June 2022.
The amendments
The Working Environment Act already requires employers to ensure a fully safe and sound working environment. Among other things, the employer must protect employees against violence, threats, and unfortunate burdens. Both harassment and other unacceptable acts are prohibited.
The government is now proposing some minor changes to the Working Environment Act to promote protection against harassment. The proposals will not make the Working Environment Act's protection against violence and harassment greater or less than it is today but have first and foremost an information purpose. The proposed amendments are intended to make it easier for users of the Working Environment Act to understand what is meant by harassment, and to assess whether they have been subjected to harassment.
These are the amendments that have been sent out for consultation:
- It is proposed to include a clarification in the Working Environment Act that the Act's protection against harassment also includes protection against sexual harassment.
- It is proposed to include definitions of the terms "harassment" and "sexual harassment" in the Working Environment Act. These must be identical to the definitions in the Equality and Anti-Discrimination Act.
- It is proposed to include a clarification in the Working Environment Act that the safety representative shall ensure that the employees' psychosocial working environment is taken care of.
More documentation- and training obligations?
In addition to these proposals, the government signals in the consultation memorandum that it is considering new documentation and training obligations related to harassment.
Firstly, the Ministry has asked for the consultation bodies' views on whether it should be explicitly stated in law or regulations that employers must have routines for preventing and following up harassment in the workplace. According to current rules, employers are required to have routines for detecting, correcting, and preventing violations of working environment legislation. From a legal point of view, therefore, this proposal does not involve anything other than a clarification of the current rules. An explicit requirement for routines will therefore first and foremost be a tool for making employers aware of the requirements that apply.
Secondly, the Ministry has asked for feedback on whether employers should be given a specific duty to provide safety representatives with training in how violence and harassment in the workplace should be handled. If this proposal is adopted, it may lead to some additional administrative work and increased costs for the companies.
