Reference Policy Ν.4808 2021

POLICY FOR THE PREVENTION AND COMBAT OF VIOLENCE AND HARASSMENT AT WORK AND THE HANDLING AND MANAGEMENT OF INTERNAL COMPLAINTS FOR VIOLENCE AND HARASSMENT INCIDENTS OF THE COMPANY WITH THE BRAND NAME “PRIVATE RESEARCH DIAGNOSTIC THERAPEUTIC HOSPITAL F.T. PREMIUM CLINIC SOCIETE ANONYME” and the distinctive title “F. THERAPISTS GENERAL” (LAW 4808/2021)

COMPANY – ANNEX: PRIVATE RESEARCH DIAGNOSTIC THERAPEUTIC HOSPITAL F.T. PREMIUM CLINIC A.E
EMPLOYER DETAILS – LEGAL REPRESENTATIVE FITILAS THEODOROS
SURNAME: FITILAS
FIRST NAME: THEODOROS
FATHER’S NAME: PETROS
VAT IDENTIFICATION NUMBER – TAX AUTHORITY: 051231000 G. PIRAEUS
ADDRESS: ASTYDAMANTOS 83

Our company “PRIVATE RESEARCH DIAGNOSTIC THERAPEUTIC HOSPITAL F.T. PREMIUM CLINIC S.A.”, based in Athens, 83 Astydamantos Street, VAT No. 800863262 – Athens Tax Office, No. G.E.M.H. 143297301000, contact number 210-7291111 e-mail address: http:// therapis-hospital.gr complies with all measures and obligations relating to the implementation of the provisions of Part II of Law 4808/2021 for the prevention and treatment of all forms of violence and harassment, including gender-based violence and harassment and sexual harassment.

The purpose of this policy is to create and consolidate a work environment that respects, promotes and ensures the human dignity and the right of every person to a world of work free from violence and harassment. Our company declares that it recognizes and respects the right of every employee to a working environment free from violence and harassment and does not tolerate any form of violence and harassment, occurring during work or related to it or arising from it, including gender-based violence and harassment and sexual harassment.

This policy is adopted in accordance with articles 9 and 10 of Law 4808/2021 and the legislation issued by authorization and covers the persons of par. 1 of art. 3 of Law 4808/2021, namely workers and employees, regardless of their contractual status, including those employed under a work contract, independent services, paid mandate, those employed through third-party service providers, individuals undergoing training, including interns and apprentices, volunteers, individuals whose employment relationship has ended, individuals applying for employment and other individuals who do business with or collaborate with it.

A. Violence and harassment. “Violence and harassment” means any conduct, act, practice or threat thereof, which has the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment, whether or not it constitutes a form of discrimination, and includes harassment based on gender or other discriminatory grounds.

C. Harassment based on gender. “Gender-based harassment” means forms of conduct related to a person’s gender, which have as their purpose or effect the violation of the dignity of that person and the creation of an intimidating, hostile, degrading, humiliating or aggressive environment according to article 2 of law 3896/2010 (A’ 107) and par. 2 of article 2 of law 4443/2016 (A’ 232). These forms of conduct also include sexual harassment of law 3896/2010, as well as forms of conduct related to the sexual orientation, expression, identity or gender characteristics of the person.

D. Discrimination. “Discrimination” means the different treatment of people resulting from prejudices or interests, any act by which individuals are unjustifiably separated based on the groups, classes or other categories to which they belong or are perceived to belong. For example, discrimination based on gender, age, language, nationality, race or ethnicity, disability, religious beliefs or sexual orientation.

A. Incidents. The forms of conduct prohibited by this policy include, but are not limited to: Insulting due to discrimination based on gender, race, religion, appearance, sexual orientation, disability, age, or other personal characteristics and choices, threats, verbal or physical, insults in public or in private, belittling or ridiculing a person or their abilities, either in private or in front of third parties, threatened or actual physical violence, and persistent or unjustified criticism. Abusive, malicious, derogatory, obscene or mocking comments and their dissemination, innuendo, sexist or racist “jokes” and comments, the use of offensive language, verbal sexual harassment or suggestions, the implication that someone’s sexual advances can advance their career or that refusing to engage in a sexual relationship may negatively affect their career path at the Company, the offering of benefits (e.g. promotion or salary increase) in exchange for sexual advances or the creation of an environment that promotes “sexual contact” as a means for professional development in the workplace, retaliation or threat of retaliation after rejecting sexual advances. Cyberbullying, sending messages with harassing and offensive content via SMS, e-mail, social media, fax or letter, persistent and/or offensive questions without legitimate reason and cause about age, marital status, personal life, sexual orientation, as well as similar questions about race or ethnicity, including cultural identity and religion. Also included are visual forms of harassment such as posters, cartoons, caricatures, photographs or drawings that are derogatory based on characteristics protected by law. Unwanted physical contact such as touching, pinching, gestures of a sexual nature, hitting, grabbing, pushing as well as all kinds of physical violence. Violation of privacy, intentional partial or total destruction of personal items, vehicles or assets, interference with or obstruction of the normal work, movement and physical integrity of the individual, physical exclusion or confinement, sexual gestures, physical surveillance, stalking. The above acts are indicative and do not constitute an exclusive list of prohibited acts.

B. Legitimate behaviors. The following behaviors do not constitute incidents of violence and harassment:

Direct supervision of employees, including setting performance expectations.
Taking measures to correct performance, such as placing an employee on a performance improvement plan.
Assigning tasks and guiding them on how and when they should be done.
Requesting updates or progress reports.
Approval or justified denial of permission.
Request for documentation of absence for health reasons based on applicable legal provisions.
The moral and/or financial reward for excellent employee performance.
The provision of constructive feedback on work performance.

The company also prohibits any employee or third party, in any way connected to it, from taking retaliatory actions against another employee or third party, who opposes violence or any form of harassment, files a complaint, testifies, assists or participates in any investigation process of an incident.

A. Workplace is understood as a broader spatial context in which incidents of violence and harassment can take place. The above forms of behavior can take place in all company facilities nationwide, in which employees provide their services, as well as in those areas where employees receive their pay, take breaks for rest or meals, in personal hygiene and care areas, changing rooms or accommodation provided by the company to staff. Furthermore, this policy also covers all types of travel to and from work, other travel, travel, conferences, training, as well as social events and activities related to work or connected to the company’s actions. Finally, it also applies to all types of communications related to the company, including those carried out through information and communication technologies (e.g. e-mails, zoom or teams meetings, social media, etc.).

All acts of physical, sexual, psychological or economic violence that take place within the family or home, regardless of biological or legal family ties, or between former or current spouses or partners and regardless of whether the perpetrator shares or has previously shared the same residence with the victim. Domestic violence that takes place in the workplace, for example through physical violence, sexual harassment and stalking by current or former partners, is a serious form of workplace violence. Acts of domestic violence, including stalking/stalking, can also be committed by people in the same work environment with whom they have (or have had) a close relationship. Domestic violence, in any of the above forms, that is inflicted on an employee during teleworking.

A. Risk Factor Assessment and Improvement.

Our company conducts studies in collaboration with all its departments, in collaboration with competent doctors, on potential risk factors depending on the nature and scope of the work provided, psychosocial risks, including risks of violence and harassment at work, with the aim of assessing existing working conditions and adapting them in a way that limits the chances of an incident of violence and harassment in the workplace as much as possible. Examples of risk cases include: high stress in the workplace, isolated or enclosed workplaces, job allocation, facility security and control, lack of appropriate training, people with a history of violent behavior, delivery of goods or services, working alone or in an isolated area, working late at night or during the morning hours, domestic or personal life issues that spill over into the workplace.

B. Methods of prevention

The company, within the framework of its capabilities, takes every appropriate and necessary measure and makes every reasonable adjustment to working conditions with the aim, on the one hand, of preventing and, on the other hand, of addressing and managing such incidents and forms of behavior.

The company hereby informs its staff and maintains in a visible place the details of the competent administrative authorities, to which any affected person has the right to appeal, which are the following:

appeal to judicial protection,
submission of a complaint to the Labor Inspectorate within the framework of its statutory responsibilities,
filing a report to the Greek Ombudsman within the framework of his statutory responsibilities as well as
complaint within the company, in accordance with the complaints management policy.
The contact details for the competent authorities are as follows: Ombudsman Line: 213 13 06 600 (e-mail: press@sinigoros.gr), Labor Inspectorate Line via the citizen service line 1555 (e-mail: helpdesk@sepenet.gr), SOS Line 15900 for immediate psychological support and counseling for female victims of gender-based violence.
The individual procedures for submitting, managing and internally investigating reports include the detailed steps that any complainant must take, as well as the responsibilities of the company’s bodies and the actions they must take to ensure the effective management of relevant incidents. In any case, when a report or complaint of such behavior occurs within the company, the affected person retains every right to appeal to any competent authority. Any employee who is subjected to domestic violence, which also extends to the workplace, may report this fact orally or in writing to his or her supervisor in order for the company to be informed and to take the appropriate and necessary measures. The company, within the framework of its capabilities, takes every appropriate measure and makes every reasonable adjustment to working conditions to protect employment and support employees who are victims of domestic violence. It also takes all necessary measures to inform and raise awareness among staff, using the appropriate means, as appropriate, to combat violence and harassment, ensuring that everyone is aware of the company’s policy and procedures regarding incidents of violence and harassment, knows where they can turn in the event of violence or harassment, as well as the options given to them by law.

Any employee who has been the subject of any incident of violence and harassment may submit a verbal or written complaint to Mr. Koutsiouris Konstantinos (Director of Operations), who is also designated as the “reporting person”, for this policy.

The complaint may be submitted in person or by email to the email address k.koutsiouris@therapis-hospital.gr The complaint cannot be made anonymously. The complaint must include the details of the person complained of, i.e. the person who committed a form of prohibited conduct, as well as the specific incident(s) that constitute it.

The reporting person thoroughly investigates each complaint and collects any necessary information regarding it. Complaints and investigations remain strictly confidential to the greatest extent possible, taking into account the sensitivity of the case and the confidentiality of all parties involved. In particular, he may speak with the complainant and the accused, examine witnesses, request the production of any documents that may exist and from which it is proven that any incident of violence and harassment has taken place or not and communicate with the heads of each department, in case the complainant has addressed them. The receipt, investigation and management of complaints is carried out immediately and impartially, in a manner that respects human dignity and ensures the protection of the confidentiality and personal data of the victims and the accused collected during the exercise of the above duties.

Once the reporting person has completed his investigation, he submits a written report to the company’s Management, in which he states the result of the investigations. The results of the investigation are simultaneously communicated to both the complainant and the person complained of, so that they can take note of them. The completion of the investigation and the submission and notification of the reporting person’s findings must take place as soon as possible and in any case no later than 3 weeks from the date of submission of the complaint by the complainant.

The company undertakes to comply with the obligation to prohibit retaliation, in accordance with article 13 of Law 4808/2021 and the provisions of labor legislation.

In the event that an incident of discriminatory treatment, violence or harassment or retaliation is actually documented, the Company’s Management proceeds, on a case-by-case basis, to take all necessary, appropriate and proportionate measures against the person complained of.

These measures may include, but are not limited to:

a) the recommendation of compliance,

b) the change of the employee’s job position, hours, place and method of work,

c) the termination of the employment or cooperation contract with the company, without prejudice to the prohibition of abuse of rights under Article 281 of the Civil Code.

Complaints that are proven to be clearly malicious will be considered inadmissible and will be further investigated at the Company’s discretion, both in terms of the motives and the parties involved, in order to restore order by any legal means.

According to the current legislation, any person who experiences an incident of violence and harassment against him/her has the right to leave the workplace for a reasonable period of time, without loss of salary or other adverse consequences, if, in his/her reasonable belief, there is an imminent serious risk to his/her life, health or safety, in particular, when the employer is the perpetrator of such behavior or when he/she does not take the necessary and appropriate measures to restore peace at work, or when these measures are not sufficient to stop the violent and harassing behavior.

In this case, the departing employee is obliged to inform the “reporting person” in writing in advance, stating the incident of violence and harassment and the circumstances that justify his/her belief that a serious risk to his/her life, health or safety is imminent. Furthermore, employees who face incidents of violence and harassment at work have the right to appeal to the competent authorities, as defined by law (a. right to judicial protection, b. right to appeal and submit a complaint and request for a labor dispute to the Labor Inspectorate, within the framework of its statutory responsibilities, c. reporting to the Ombudsman, within the framework of his/her statutory responsibilities, see above).

The company, as well as any competent person or service for the reception and management of such complaints at the corporate level, cooperate with any competent public, administrative or judicial authority, which, either ex officio or following a request from an affected person, within the framework of its competence, requests the provision of data or information and is committed to providing assistance and access to the data. To this end, any data they collect, in any form, are kept in a relevant file in compliance with the provisions of Law 4624/2019 (Government Gazette A’ 137) “Personal Data Protection Authority, implementing measures of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of data.”.

The company takes, to the extent possible, measures to protect employment and support employees who are victims of domestic violence. Any employee who has suffered domestic violence, which extends to the workplace, may report this fact orally or in writing to his/her supervisor or the Human Resources Manager in order for the company to be informed and to take the appropriate and necessary measures.

Deviations from the application of this Policy cannot take place. Employees who need more information or have questions regarding this policy, can contact their Supervisor or the Human Resources Manager. This Policy will be available on the official website of our company at the following link: https://therapis-hospital.gr

For more information regarding this policy, any interested person can contact Mr. Koutsiouris Konstantinos (Operations Manager).