Advoktka: Sexuln toky a ikanu v prci zkony dostaten nee

According to experts, the case of sexual sacrifice or bullying at work is a lot, but unlike the western states, we don’t talk about them much. The victims do not even have a big share in the accounts, to lawyer Klra Valentov from the office of Vilmkov Dudk & Partners Consulting.

The sexual sacrifice now and thanks to the MeToo campaign is very active all over the world. Recently, the issue of sexual and psychological hardship has been addressed at work by the European Parliament. How are the debates of this debate?In the European Union, sexual and psychological sacrifice is based on a series of first regulations. The European Parliament’s resolution will now call for a legislative proposal to include an updated and comprehensive definition of sexual and psychological sacrifice, so that all Member States have adopted measures to enforce the first regulations introducing daily statistics on cases of sexual abuse.

According to the country, they should support various awareness campaigns and the activities of organizations that provide protection and support to victims of sexual harassment and bullying. And so they have to set new obligations for employers in this area.

What is currently the legislation in the Czech Republic?Protection against sexual sacrifice is regulated in the Anti-Discrimination Act (198/2009 Coll.), Which contains the definition of sexual sacrifice and the means of judicial protection. Definition of being a poor breed due to sex, which is sexual in nature and its change or consequence is reduced by the dignity of a person and the creation of a deterrent, intolerant, humiliating, tempting or certain environment, or which may be rightfully important as a condition for decisions affecting first and the obligation arising from the first relationship.

In the case of ikana at the workplace, we do not have a specific right. The anti-discrimination law contains only the law, especially for discriminatory reasons (eg age, race, health status). In practice, the bag to ikan, and it from the point of enthusiasm, when it comes to so-called bossing, or from the side of colleagues who jemobbing, often does not come for some special reason. It is that the bullyed person is in a weak position. Thus, due to the job position or nature of the hunter.

Nevertheless, it cannot be assumed that the employee is not protected at all in the workplace. ikanu can be considered a breach of employment obligations and I will immediately and terminate the employment of the person who is bullying. The bullyed employee can then claim compensation from the employer if a name has been caused to him as a result of the bullying, ie psychological trauma.

Take full union, so that pijalinkter new measures against ikan, will lead to better first protection obt?The activity of the European Union is more important, because both sexual sex and harassment at work is a real problem that a relatively large number of workers will face, especially one. However, it is necessary to understand this problem reasonably, so that the activity does not become a tailcoat, which will ultimately lead to the trivialization of the problem and not a real case of obfuscation. I think that there will be a consensus in Europe, what is socially acceptable and what is beyond the borders.

Experts claim that there is enough sex in our case, they are just trivial. We do not have accurate statistics on cases of sexual and other obesity, because most victims are young. In my opinion, the most common cases of sexual confinement are in the relationship between superiors and submarines, where the reason is a reduction in the effort to keep a job or secure a career, or better working conditions.

The cases of the gypsy are diverse, very often enthusiastic about trying to get rid of the employee and pinning him to a different employment relationship, which is otherwise not the reason. Other cases involve petitioners or their misconduct to completely unsuitable work teams or even private activities of a superior employee.

Whenever bullying and sexually sacrificing is also active in our country, it is not the darkness that is often talked about, and campaigns such as MeToo are all very negative. Victims of sexual sacrifice or bullying are not relieved in most cases, or are killed late, when the victims are fatal, for example, mentally collapsed and attempts at suicide.

Is that why it is?The main barrier of these flows is the lack of the fact that the competent institutions could solve the case. Victims are discouraged by a lack of evidence and information, shame, disbelief in their own abilities and fear of retaliation. In practice, I meet these cases, but they end up in such a way that both people are nervous about it or are unable to present any evidence for the allegation. Some lawsuits in this area have taken place, even in favor of the employee.

Let’s talk about sexual objection and ikan. What is astj?Experience has shown that cases of bullying are more frequent, but this is due to the fact that the bullyed people (especially men) are more likely to be heard than not sexually abused.

What should a guy who has sexually committed or harassed at work?The employee should solve the given problem as soon as possible, it is best to notify the undesired employee of his superior, or the management of the company. In some companies, there are also various hotlines to which employees can turn with their problems and abilities. Mon is the way to contact a labor inspector.

It is important to get evidence from the meeting, which is not always easy, because they often do not play hidden and without witnesses or witnesses are not willing to testify for fear of their work. Nowadays, however, it is very easy to present sounds or even images of such a bad thing, and there are cases where such evidence has been declared admissible in court. Even though they were eaten without knowingly overheating people.

And what if it’s turned and employees inappropriate breeding nadzenhovymysl.The employer should consider any complaint, but discreetly read it and not postpone the problem. In the event of a lawsuit, the employee must prove that a certain act has occurred, if these facts must come further circumstances that raise a reasonable suspicion, in this case, one employer was guided by discriminatory motives (for example, she was fired from the employee and it is suspected that the motive was again unpretentious sexual designs of the enthusiastic). The employer must then prove that it was not a sexual sacrifice.