Working in Portugal - Sexual Harassment

National legislation covers this area in various branches of law.

The Código do Trabalho stipulates that harassment of a job applicant or female employee constitutes discrimination. Harassment is taken to mean all unsolicited conduct when applying for a job or during the job, work or vocational training itself, the objective or effect of which is to offend against personal dignity or to create an intimidating, hostile, degrading, humiliating or destabilising atmosphere. Harassment is also considered to be all unsolicited conduct of a sexual nature, whether verbal, non-verbal or physical, with the above objective or effects. The Código do Trabalho also requires employers to ensure good working conditions, both from a physical and moral point of view.

The Penal Code stipulates that anyone who abuses their authority, arising out of a hierarchical or economic position or a position of employment subordination, in such a way as to use orders or threats to force another person to undergo any relevant sexual act, with them or with another person, shall be punished by up to two years' imprisonment.

Where an employment relationship is concerned, the Civil Code establishes civil liability for breaches of personality rights.

In the event of harassment the employee must contact their trade union representative or the respective Workers' Commission, file a complaint with the Comissão para a Igualdade no Trabalho e no Emprego (CITE) [Commission for Equality in Labour and Employment], or refer to the Legal Information Service of the Comissão para a Igualdade e para os Direitos das Mulheres (CIDM) [Commission on the Equality and Rights of Women] for useful information.

Useful information:

• Código do Trabalho [Labour Code], Law No 99/2003 of 27 August; Law No 35/2004 of 29 July
• CIDM - Comissão para a Igualdade e Direitos da Mulher [Commission on the Equality and Rights of Women]
  Tel. +351 21 798 3000; Fax: +351 21 798 3098
  E-mail: cidm@mail.telepac.pt
• CITE – Comissão para a Igualdade no Trabalho e no Emprego [Commission for Equality in Labour and Employment]
  Tel. 800 204 684

Text last edited on: 12/2004

Source: European Union
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