Amendments to the Labor Code defining and prohibiting all kinds of workplace violence and harassment, and providing for additional employer duties to prevent such incidents, have now been tabled in the Lithuanian Parliament.
Aiming to ban all violence and harassment at work
The amendments proposed by the Ministry of Social Security and Labor define violence and harassment (including mental abuse, gender-based violence, and sexual harassment) as any unacceptable conduct or threat thereof that: a) seeks to cause, causes, or could cause physical, mental, sexual, or economic effect; or b) offends a person 's dignity; or c) creates an intimidating, hostile, degrading, or offensive environment; and/or d) causes or could cause physical, property, and/or non-material harm. The definition covers both one-off as well as systemic instances of violence and harassment.
The amendments introduce an explicit ban on violence and harassment, which includes prohibiting such behavior at the workplace, during breaks, while using domestic premises, using sanitary or hygienic facilities, on business trips, outings, events, and other instances of work-related interaction (including by electronic means), as well as at accommodation provided by the employer and while commuting.
Duties of the employer
The amendments also oblige employers to take active steps to prevent violence and harassment, and to assist workers who fall victim to such behavior. Specific duties include: 1) eliminating and/or managing the risk of violence and harassment; 2) establishing procedures for submitting and examining reports of violence and harassment, and explaining them to employees; 3) providing employees with training on violence and harassment, on its prevention, as well as on employee rights and responsibilities.
Employers with over 50 staff members need to additionally consult with their employees to develop, publish, and implement violence and harassment prevention policies, including how to identify violence and harassment, report and process incidents, and protect victims and/or whistleblowers of violence or harassment.
The changes
While the Lithuanian Labor Code already prohibits gender-based and sexual harassment, and requires employers to prevent mental abuse at work and assist its victims, the proposed amendments have a number of important additions: defining violence and harassment (and gender-based violence and harassment), identifying the places and activities where such behavior is prohibited in relation to work, and explicitly requiring employers to take action to prevent violence and harassment, as well as assist employees who fall victim to such behavior.
In addition, while the Labor Code already requires employers with over 50 staff members to develop and publish equal opportunities policies and the measures taken to implement, and in theory such policies can include steps to prevent of violence and harassment, this is not always the case in practice. As such, the proposed requirement for employers to prepare, publish, and implement policies to prevent violence and harassment alongside equal opportunities policies is a welcome addition.
Support from NGOs
The Coalition of Human Rights Organizations has expressed its support for the aforementioned Labor Code amendments, which partially implement the provisions of the International Labor Organisation's Convention on the Elimination of All Forms of Violence and Harassment at Work.
According to the Coalition’s spokesperson, roughly one in three women in Lithuania has experienced sexual harassment, while victim blaming is still prevalent in society. As such, the Labor Code provisions for preventing violence and harassment, as well as assisting victims, will help eliminate all forms of gender-based violence and create a safer working environment for all.
