A3-0043/94

Resolution on a new post of 'confidential counsellor' at the workplace

The European Parliament,

-having regard to the motion for a resolution by Mrs Muscardini on a new post of 'confidential counsellor' at the workplace (B3-1735/91),

-having regard to the motion for a resolution by Mrs Muscardini and others on a wider role for ombudsmen encompassing the responsibilities of workplace 'confidential counsellors' (B3-1736/91),

-having regard to the Council resolution of 29 May 1990 on the protection of the dignity of women and men at work,

-having regard to the Commission recommendation of 27 November 1991 on the protection of the dignity of women and men at work and to the Code of Practice on Measures to Combat Sexual Harassment,

-having regard to its opinion of 22 October 1991 on the draft Commission recommendation on the protection of the dignity of women and men at work and the Code of Practice on Measures to Combat Sexual Harassment,

-having regard to Rule 45 of its Rules of Procedure,

-having regard to the report of the Committee on Women's Rights (A3-0043/94),

A.whereas too many women and men suffer sexual harassment at the workplace, which conflicts with the principle of equal opportunities at work, given the growing trend towards men and women working together,

B.whereas studies of the subject conducted in Europe, the United States and Japan show that sexual harassment at work is not only an affront to the dignity of the individual, but also a cause of lower productivity and additional staff management costs,

C.whereas the Community has acknowledged, in the above-mentioned documents, that sexual harassment constitutes a real problem in labour relations and that, while the recommendation and the Code of Practice represent a first step, further progress nonetheless needs to be made,

1.Calls on the Member States of the Union to adopt appropriate legislation as soon as possible, under which employers would be obliged to incorporate preventive measures and penalties in the internal rules of the undertaking and to appoint an in-house counsellor to deal with cases of sexual harassment and provide protection for victims and witnesses alike;

2.Calls for such counsellors to be appointed on the basis of consultation between the two sides of industry and the management of the undertaking, and, if necessary, in cooperation with the labour inspectorates responsible;

3.Considers that women are, in general, better suited to occupying a position of this kind since they constitute the majority of victims and they are consequently better able to develop a climate of trust and mutual understanding;

4.Calls on employers to provide counsellors with the practical and psychological means to take action (availability, training courses, meetings with other counsellors);

5.Asks, in addition, that the counsellor's job be guaranteed in the same way as those of the members of the works council, to avoid reprisals and safeguard her/his independence;

6.Calls for appropriate training to be made available to the counsellor and trade union representatives;

7.Asks that the measures taken at the workplace to combat sexual harassment be drawn to the attention of all workers as soon as they are recruited, along with the name of the counsellor and when and where she/he can be contacted;

8.Stresses that the counsellor's duties must not be confined to consultation with victims, but must also include preventive measures and measures to inform and conscientize workers about the various forms of abuse of authority for sexual purposes in working relations and the means of redress available, both at the workplace and at a legal level;

9.Calls on the governments of the Member States to have their authorities responsible for monitoring the application of labour law draw up texts providing information about the various levels of redress available to victims of sexual harassment:

-redress at company level (disciplinary measures to be implemented by the employer),

-redress through labour councils (conciliation boards),

-redress through the criminal and civil courts, in more serious cases;

10.Asks that, where small and medium-sized undertakings or agricultural cooperatives which lack the means to set up a counsellor's post are concerned, the labour inspectorates or the bodies responsible for ensuring equal treatment for men and women and, where necessary, the local administrative authorities, be authorized to take over this role and that their complete independence be guaranteed, to enable women working in small organizations to have access to the same services;

11.Calls on the Community institutions to set a good example, by appointing a counsellor without delay, to combat sexual harassment within the institutions themselves;

12.Urges the Member States, furthermore, to take positive steps in the fight against sexual harassment at work, by setting up ad hoc counsellors' posts in national administrations and large public-sector enterprises;

13.Calls on the Community bodies, the Member State governments and the national parliaments to organize information campaigns to foster a climate conducive to the prevention of sexual harassment at the workplace;

14.Instructs its President to forward this resolution and the annex thereto to the Council, the Commission and the governments of the Member States.

ANNEX

Model declaration which may be used as a basis for the employer's declaration:

DECLARATION ON THE DIGNITY OF THE INDIVIDUAL

The management of this company takes the view that sexual harassment constitutes an affront to the dignity of workers. It therefore announces hereby that such conduct will not be tolerated and that it may be considered as a professional misdemeanour.

'Sexual harassment' refers to behaviour of a sexual nature which is clearly unwanted by the person at whom it is directed and nonetheless persists, or to attempts to extort sexual favours in exchange for promotion at work, wage rises, keeping one's job, etc.

The company management, together with the workers, assumes responsibility for putting a stop to such activities. Consequently,

COUNSELLOR'S NAME............................

PLACE.........................................

TEL...........................................

CONSULTING HOURS..............................

will be available for consultation, to take any complaints which staff may wish to make on the subject and to supply them with any information which they may require.

Consultations will be conducted with complete discretion, and no measures will be taken against those submitting complaints or against witnesses.