REFERENCE POLICY L.4808 2021
POLICY FOR THE PREVENTION AND COMBAT OF VIOLENCE AND HARASSMENT AT WORK AND THE ADDRESS AND MANAGEMENT OF INTERNAL COMPLAINTS ABOUT INCIDENTS OF VIOLENCE AND HARASSMENT OF THE COMPANY NAMED “PRIVATE RESEARCH DIAGNOSTIC DIAGNOSTIC FT” PREMIUM HOSPITAL CLINIC and title. THERAPIS GENERAL” (Law 4808/2021)
COMPANY – APPENDIX: | PRIVATE RESEARCH DIAGNOSTIC THERAPEUTIC HOSPITAL FT PREMIUM CLINIC SA |
DETAILS OF EMPLOYER – LEGAL REPRESENTATIVE | FITILAS THEODOROS |
LAST NAME: | PLANT |
NAME: | THEODORE |
FATHER’S NAME: | PETER |
VAT NUMBER. – D.O.Y. : | 051231000 C. PIRAEUS |
ADDRESS: | ASTYDAMANTOS 83 |
IMPORT
Our company “PRIVATE RESEARCH DIAGNOSTIC THERAPEUTIC HOSPITAL FT PREMIUM CLINIC LIMITED LIABILITY COMPANY”, based in Athens, 83 Astydamantos Street, VAT number 800863262 – DOU FAE Athens, No. G.EM.H. 143297301000, contact phone number 210-7291111 e-mail address: http:// therapies-hospital.gr complies with all measures and obligations regarding the implementation of the provisions of part II of Law 4808/2021 for the prevention and treatment of any form of violence and harassment, including violence and gender-based and sexual harassment.
1. PURPOSE OF THIS POLICY
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 of violence and harassment. Our company declares that it recognizes and respects the right of every employee to a work environment free of violence and harassment and does not tolerate any form of violence and harassment that occurs in the course of work or is connected to it or arises from it, including violence and harassment due to gender and sexual harassment.
2. SCOPE – DEPENDENT PERSONS
This policy is adopted in accordance with articles 9 and 10 of Law 4808/2021 and the delegated legislation and covers the persons of par. 1 of no. 3 of Law 4808/2021, i.e. workers and employees, regardless of their contractual status, including those employed under a project contract, independent services, salaried mandate, those employed through third party service providers, persons attending training, including interns and apprentices, volunteers, people whose employment relationship has ended, people applying for work and other people who deal with or collaborate with it.
3. PROHIBITED CONDUCT – DEFINITIONS
A. Violence and Harassment. “Violence and harassment” means forms of conduct, acts, practices, or threats thereof, that are intended, lead to, or are likely to lead to physical, psychological, sexual, or financial harm, whether they occur individually or repeatedly.
B. Harassment. “Harassment” means forms of behavior that have the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, humiliating, humiliating or aggressive environment, regardless of whether they constitute a form of discrimination, and include harassment based on gender or other grounds of discrimination.
C. Gender Harassment. “Gender-based harassment” means forms of behavior linked to a person’s gender, which have the purpose or effect of violating the dignity of that person and creating an intimidating, hostile, humiliating, humiliating or aggressive environment in accordance with Article 2 of Law 3896/2010 (A’ 107) and paragraph 2 of Article 2 of Law 4443/2016 (A’ 232). These forms of behavior include the sexual harassment of Law 3896/2010, as well as forms of behavior linked to the person’s sexual orientation, expression, identity or gender characteristics.
D. Discrimination. “Discrimination” means the different treatment of people arising from prejudices or interests, any act that unreasonably separates people on the basis of the groups, classes or other categories to which they belong or are perceived to belong. For example, discrimination based on sex, age, language, nationality, race or ethnicity, disability, religious beliefs or sexual orientation.
4. WHAT CONSTITUTES AN INCIDENT OF VIOLENCE AND HARASSMENT
A. Incidents. The forms of conduct prohibited by this policy include, but are not limited to: Insults based on discrimination based on gender, race, religion, appearance, sexual orientation, disability, age, or other personal characteristics and choices, threats, verbal or by gestures, insults in public or in private, belittling or ridiculing a person or their abilities, whether in private or in front of others, threatened or actual physical violence, persistent or unjustified criticism. Abusive, malicious, derogatory, obscene or derisive comments and their dissemination, innuendos, sexist or racist “jokes” and comments, use of offensive language, verbal sexual harassment or suggestions, insinuations that someone’s sexual favors can advance one’s career or that refusing to engage in sexual intercourse may negatively affect one’s career path at the Company, offering benefits (e.g., promotion or salary increase) in exchange for sexual favors, or creating an environment that promotes “sexual contact’ as a means of professional development in the workplace, retaliating or threatening 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 about age, marital status, personal life without lawful reason or reason , sexual orientation, and similar questions about race or ethnicity, including cultural identity and religion. Also included are visual forms of harassment such as e.g. posters, cartoons, cartoons, photographs or designs 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 physical violence of any kind. Invasion of privacy, intentional partial or total destruction of personal belongings, vehicles or property, interference or obstruction of the normal work, movement and physical integrity of the individual, physical exclusion or confinement, sexual gestures, physical surveillance, the pursuit. The above acts are indicative and do not constitute an exclusive list of prohibited acts.
B. Fair Conduct. The following behaviors do not constitute incidents of violence and harassment:
- Directly supervise employees, including setting performance expectations.
- Taking action to correct performance, such as placing an employee on a performance improvement plan.
- Assigning tasks and guidance on how and when they should be done.
- Request for updates or progress reports.
- The approval or justified refusal of permission.
- Request for documentation of absence for health reasons based on the applicable legal provisions.
- The moral or financial reward of excellent employee performance.
- Providing constructive feedback on work performance.
5. RETALIATION
The company also prohibits any employee or third party, in any way connected with it, from taking retaliatory actions against another employee or third party who opposes violence or any form of harassment, files a complaint, files a report, assists or participates in any proceeding incident investigation.
6. SCOPE – DETERMINATION OF THE WORK AREA
A. A workplace is a broader spatial context in which incidents of violence and harassment can occur. The above forms of behavior may 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 a break for rest or food, in personal hygiene areas and care, changing rooms or accommodation provided by the company to staff. Also, this policy 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 actions of the company. Finally, it also applies to all communications related to the company, including those carried out through IT and communication technologies (e.g. e-mails, zoom or teams meetings, social media, etc.).
7. DOMESTIC VIOLENCE
All acts of physical, sexual, psychological or financial 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 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) close relationships. Domestic violence, in any of the above forms, inflicted on the employee during telework.
8. ASSESSMENT OF THE RISKS OF VIOLENCE AND HARASSMENT AT WORK
A. Assessment of risk factors and their improvement.
Our company prepares studies in collaboration with all its departments in collaboration with competent doctors regarding the possible risk factors depending on the nature and scope of the work provided, the psychosocial risks, including the risks of violence and harassment at work, with in order to evaluate the existing working conditions and to adjust them in such a way as to limit as much as possible the chances of an incident of violence and harassment taking place in the workplace. Indicative cases of risk are mentioned such as: high stress in the workplace, isolated or closed workplaces, distribution of jobs, safety of facilities and their control, lack of appropriate training, people with a history of violent behavior, delivery of goods or services, working individually or in an isolated area , working late at night or in the morning hours, domestic or personal life issues spilling over into the workplace.
B. Modes of prevention
The company, within the framework of its capabilities, takes every appropriate and necessary measure and makes every reasonable adjustment to the working conditions with the aim, on the one hand, of preventing and, on the other hand, dealing with and managing such incidents and forms of behavior.
9. MEASURES TO PREVENT INCIDENTS OF VIOLENCE AND HARASSMENT.
The company hereby informs the staff and keeps 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:
- recourse to judicial protection,
- submitting a complaint to the Labor Inspectorate within the framework of its statutory powers,
- filing a report with the Ombudsman within the framework of his statutory powers as well as
- complaint within the company, in accordance with the complaint management policy.
- The contact details for the competent authorities are as follows: Ombudsman line: 213 13 06 600 (e-mail: press@sinigoros.gr), Labor Inspection Line via 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 reporting, management and internal investigation procedures include the detailed steps that any whistleblower must take, as well as the responsibilities of company bodies and the actions they must take to ensure the effective management of relevant incidents. In any case, when there is a report or complaint of such behavior within the company, the affected person retains every right to appeal to any competent authority. Any employee who experiences domestic violence, which also extends to the workplace, can report this fact orally or in writing to his supervisor in order for the company to be informed and to take the appropriate and necessary measures. The company, within the limits of its capabilities, takes every appropriate measure and makes every reasonable adjustment to working conditions to protect employment and support employees – victims of domestic violence. It also takes all necessary measures to inform and sensitize the staff, using the appropriate means, as above, to combat violence and harassment, ensuring that everyone is aware of the company’s policy and procedures against incidents of violence and harassment, they know who they can turn to in case of violence or harassment, as well as the possibilities given to them by law.
10. PROCEDURE FOR SUBMISSION AND MANAGEMENT OF INTERNAL COMPLAINTS – REPORTING PERSON
Any employee against whom any incident of violence and harassment has occurred, may submit a verbal or written complaint to Mr. Koutsiouris Konstantinos (Director of Operations), who is also defined as a “person of reference” for this policy.
The complaint can be submitted in person or via e-mail to the e-mail address k.koutsiouris@therapys-hospital.gr The complaint cannot be made anonymously. The complaint should include the information of the person complained of, i.e. the person who engaged in a form of prohibited behavior, as well as the specific incident(s) that substantiate it.
The reporting person thoroughly investigates each complaint and collects any necessary information about it. Complaints and investigations remain strictly confidential to the maximum extent possible, taking into account the sensitivity of the case and the privacy of all involved. In particular, it may speak with the complainant and the person complained of, examine witnesses, request the production of documents that may exist and from which it is proven that any incident of violence and harassment took place or not and communicate with the heads of each department, in case which the complainant addressed to them. The receipt, investigation and management of complaints is carried out promptly and impartially, in a manner that respects human dignity and ensuring the protection of the confidentiality and personal data of victims and complainants collected in the exercise of the above tasks.
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 complained-of, in order for them to become aware of them. The completion of the investigation and the submission and communication of the reporting person’s conclusion must take place as soon as possible and in any case no later than the period of 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 actually occurs, the Company’s Management will, on a case-by-case basis, take all necessary, appropriate and proportionate measures against the person complained of.
These measures may include but are not limited to:
a) the compliance recommendation,
b) changing his job position, hours, place and way of providing work,
c) the termination of the contract of employment or cooperation with the company, subject to the prohibition of the abuse of rights in Article 281 of the Civil Code.
Complaints that prove to be clearly malicious will be considered unacceptable and will be further investigated at the company’s discretion, both in terms of motive and those involved, in order to restore order by any legal means.
11. RIGHTS OF VICTIMS
According to the current legislation, every person who experiences an incident of violence and harassment at his expense, has the right to leave the workplace for a reasonable time, without loss of salary or other adverse consequence, if in his reasonable belief there is an imminent serious risk to the his life, health or safety, in particular, when the employer is the perpetrator of such behavior or when he does not take the necessary appropriate measures to restore work peace, or when these measures are not sufficient to stop the violent behavior and harassment.
In this case, the person leaving is obliged to inform the “reporting person” beforehand in writing, mentioning the incident of violence and harassment and the incidents that justify his belief that there is an imminent serious risk to his life, health or safety . In addition, employees who face incidents of violence and harassment at work have the right to appeal to the competent authorities, as defined by the law (a. right to judicial protection, b. right to appeal and submit a complaint and request for a labor dispute to the Inspectorate Labor, in the context of its legal powers, c. report to the Ombudsman, in the context of his legal powers, see above).
12. COOPERATION WITH ADMINISTRATIVE AND JUDICIAL AUTHORITIES
The company, as well as any competent person or agency for the reception and management of such complaints at the corporate level cooperates with any competent public, administrative or judicial authority, which, either ex officio or upon submission of a request by an affected person, within the scope of its competence, requests the provision of data or information and undertake to provide assistance and access to the data. To this end, any information collected, in any form, is kept in a relevant file in compliance with the provisions of Law 4624/2019 (A’ 137) “Personal Data Protection Principle, 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 against data processing.”
13. CASES OF DOMESTIC VIOLENCE
The company takes, as far as possible, measures to protect employment and support employee victims of domestic violence. Any employee who has suffered domestic violence, which also extends to the workplace, may report this fact verbally or in writing to his supervisor or the Personnel Manager in order for the company to be informed and to take appropriate and necessary measures.
14. EXCEPTIONS
Deviations from the application of this Policy cannot take place. Employees who need more information or have questions about this policy can contact their Supervisor or Human Resources Manager. This Policy will be available on the official website of our company at the following link: https://therapy-hospital.gr
For more information about this policy, any interested person can contact Mr. Konstantinos Koutsiouris (Director of Operations).