LAW NO.73/2017 - D.R. NO.157/2017, SERIES I OF 2017-08-16
This law reinforces the legislative framework for the prevention of harassment by amending the Labor Code, the General Labor Law of Civil Service and the Labor Procedure Code.
Regarding the amendments to the Labor Code, the following stand out:
- The specific provision of the prohibition of harassment;
- The establishing that the practice of harassment gives the victim the right to compensation;
- The employer's duty to adopt codes of good conduct for preventing and combating workplace harassment, when the company has seven or more employees, which non-compliance is considered a serious infraction;
- The establishing of the employer's duty to initiate disciplinary proceedings whenever the employer is aware of alleged harassment at work, which noncompliance is considered a serious infraction;
- The liability of the employer for compensation for damages arising from occupational diseases caused by harassment;
- The presumption that the dismissal, or other disciplinary sanction allegedly imposed to sanction an infraction, is abusive when it occurs within one year of complaint or other form of exercise of rights relating to equality, non-discrimination and harassment;
- The obligation to include in the termination agreement the legal deadline for the exercise of the right to revoke the agreement by the employee;
- The inclusion in the range of situations of just cause for termination of the employment contract by the employee of the practice of harassment by the employer, reported to the Authority for Work Conditions.
This law enters into force on October 1, 2017.