Cyprus employment series: New Bill on workplace violence and harassment - Key responsibilities for employers in Cyprus

It should be noted that Cyprus already has two pieces of legislation in place focussed on prohibiting and preventing discrimination, harassment, and sexual harassment whether based on gender, race, religion, age, or sexual orientation. Despite this, a study carried out on behalf of the Cyprus Workers' Confederation (SEK) in 2022, indicates that workplace harassment remains a significant issue, with 70 per cent of employees believing that the issue is prevalent across the country and with 50 per cent reporting that they have been victims of harassment themselves.

As such, the Bill aims to enhance the safeguards provided to employees and introduce novel provisions not covered in current legislation. In anticipation of the Bill’s promulgation, employers are advised to be proactive and review their existing policies and codes of conduct related to preventing harassment and sexual harassment, and ensuring compliance with the law.

Employers should be aware that the Bill extends prohibitions on discrimination, harassment, and sexual harassment beyond traditional workplace settings. These prohibitions now apply to non-workplace areas, including public or private workplaces, places where employees rest, eat, or refresh, and during periods of tours, travels, trainings, events, or work-related social activities. The Bill also covers work-related communications, employer-provided accommodations, and commuting to and from work.

Additionally, the scope of what constitutes harassment or discrimination has widened, encompassing a broader range of actions. For instance, the unilateral adverse alteration of working conditions, which may result in constructive dismissal, could now be classified as harassment or discrimination. An example of this is the reduction of an employee's salary or benefits, which may be considered 'violence at the workplace' due to the financial harm inflicted on the employee.

The penalties proposed under the Bill are substantial, and breaching its provisions could also constitute violations of existing legislation, potentially leading to even greater penalties. This is particularly concerning given the recent trend of employees taking legal action against employers—including managing directors, chairman, directors, secretaries, and other similar officers—for failing to provide adequate safeguards against incidents of discrimination, harassment, and sexual harassment. To mitigate such risks, in conjunction with the provisions of existing legislation, the Bill stipulates that employers should, at a minimum, implement the following measures:

• Adopt and implement a comprehensive code of conduct which covers, amongst other things, definitions on what constitutes harassment in all its forms and outline prohibited behaviours, reporting procedures, and consequences for violations
• Identify and assess risks of violence and harassment with employee participation and take preventive and control measures, which can be achieved through orientation sessions, seminars, regular reminders or company-wide meetings
• Appoint one or more officers who will be responsible for the implementation of the code of conduct and who will act as reporting channels. Such will also have the power to investigate any complaints coming from employees in relation to this subject matter
• Any investigations must be carried out in complete impartiality and confidentiality, and must also ensure the protection of personal data of the victims but also of the alleged perpetrator(s)
• Provide employees with information and training on risks, preventive measures, and rights and responsibilities, fostering a company culture that encourages employees to report any instances of harassment without fear of retaliation
• Include in their risk assessments reports the risks that may be prevalent with respect to violence, discrimination, harassment, and sexual harassment at the workplace.

The above list is not exhaustive and the precise obligations are subject to further review and change as the Bill is currently being examined by the House of Representatives Standing Committee on Labour, Welfare, and Social Insurance. It is evident, however, that employers will likely face expanded responsibilities, including mandated protections for employees. This underscores the need for employers to have comprehensive policies and procedures in place to mitigate exposure to potential legal liabilities.

For more information on this subject, please reach out to the authors or your usual Harneys contact.