Policy on combating violence and harassment at work

POLICY ON COMBATING VIOLENCE AND HARASSMENT AT WORK AND POLICY ON THE HANDLING OF INTERNAL COMPLAINTS REGARDING INCIDENTS OF VIOLENCE AND HARASSMENT AT THE LAW FIRM “G. D. KALLIMOPOULOS – K. T. LOUKOPOULOS – A. P. CHIOTELLIS LAW FIRM”.

PART A – GENERAL PROVISIONS

1. Introduction
2. The law firm trading under the name “G. D. KALLIMOPOULOS – K. Th. LOUKOPOULOS- A. P. CHIOTELLIS LAW FIRM” (hereinafter “KLC”) complies with all measures and obligations relating to the implementation of the provisions of Part II of Law 4808/2021 on the prevention and combating of all forms of violence and harassment, including gender-based violence and harassment and sexual harassment.
3. The purpose of this policy is to create and consolidate a working environment that respects, promotes and safeguards human dignity and every person’s right to a workplace free from violence and harassment. KLC declares that it recognizes and respects every employee’s right to a working environment free from violence and harassment, and that it will not tolerate any such behavior, in any form, from any person.
4. This policy is adopted in accordance with Articles 9 and 10 of Law 4808/2021 and the implementing regulations.
5. Scope
6. This policy applies to and concerns all employees and staff of KLC, regardless of their contractual status, including those employed under project contracts, independent service contracts, or fixed-term contracts, those employed through third-party service providers, as well as individuals undertaking training, including trainees, volunteers and apprentices, volunteers, employees whose employment relationship has ended, and job applicants.
7. Forms of violent behavior and harassment against any of the above persons may occur in particular: (a) in the workplace, including public and private premises and places where the employee carries out their work, receives remuneration, takes a break – in particular for rest or meals – in personal hygiene and care facilities, changing rooms or accommodation provided by KLC; b) whilst travelling to and from work, on other journeys, travel, training, as well as work-related events and social activities; and (c) during work-related communications, including those carried out via information and communication technologies.
8. Definitions

For the purposes of this policy, the following definitions apply:

(a) ‘violence and harassment’ means any form of behavior, act, practice or threat thereof which is intended to, results in or is likely to result in physical, psychological, sexual or financial harm, whether occurring on a single occasion or repeatedly,

(b) ‘harassment’ means forms of behavior which have the purpose or effect of violating a person’s dignity and of creating an intimidating, hostile, degrading, humiliating or hostile environment, regardless of whether they constitute a form of discrimination, and shall also include harassment on grounds of sex or other grounds of discrimination,

(c) ‘harassment on grounds of sex’ means any form of conduct related to a person’s sex which has the purpose or effect of violating that person’s dignity and of creating an intimidating, hostile, degrading, humiliating or hostile environment. Such forms of behavior include sexual harassment (as defined below), as well as forms of behavior related to a person’s sexual orientation, gender expression, gender identity or gender characteristics.

(d) ‘sexual harassment’ means any form of unwanted verbal, psychological or physical behavior of a sexual nature which is intended to, or has the effect of, infringing upon a person’s dignity, in particular by creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

4. Prohibition of violence and harassment at work
5. Any form of violence and harassment occurring during work, whether related to or arising from it, is prohibited, including violence and harassment on the grounds of gender, religion, race, sexual orientation and sexual harassment.
6. By way of example, the following, amongst others, are strictly prohibited:

(a) comments containing sexually explicit language or other malicious remarks, when directed at persons who have not expressly indicated a desire to receive such comments

(b) comments or persistent questions regarding physical appearance, gender, religion, race or sexual orientation which cause embarrassment or discomfort

(c) the distribution and/or display of material of a sexual nature and any other content that is offensive to human dignity or personal integrity (e.g. photographic, digital or printed material).

(d) unwanted comments with sexual innuendo

(e) sending messages containing sexual content

1. f) sexual gestures or acts (e.g. any unwanted physical contact intended as an assault or to pressure someone into sexual relations)

(g) persistent requests for a date

(h) threats or insinuations that a person’s sexual favors may further their career or that a refusal to engage in a sexual relationship may adversely affect their career progression within the company

(i) the use of obscene, threatening or offensive language, including cyberbullying

(j) obscene, threatening, violent or offensive gestures

(k) coercion into sexual acts or contact

(l) belittling or ridiculing a person or their abilities, either in private or in front of others.

PART B – PREVENTING AND COMBATING VIOLENCE AND HARASSMENT AT WORK

1. Assessing the risks of violence and harassment at work.

The risks arising from violence and harassment at work can prove to be very serious, both for employees and for the company itself. More specifically, for employees, the risks include in particular: a) An affront to human dignity and psychological harm, b) The induction of anxiety, stress, anger and fear whilst carrying out work, c) The onset of psychosomatic symptoms (such as headaches, palpitations and increased blood pressure, sleep disorders, etc.)

Alongside its employees, the company itself faces risks such as: a) Disruption to labour relations and the smooth running of the company; b) Reduced productivity; c) Legal and financial consequences; d) Negative publicity. However, the measures implemented by KLC to prevent, control and mitigate the risks of violence and harassment at work, and to monitor and manage such incidents or forms of behaviour, the information and awareness-raising activities it carries out for its staff on issues of violence and harassment, in conjunction with its methods of organizing work, the nature of its activities and strict compliance with the applicable legislation on health and safety at work, contribute significantly to improving the level of protection for employees and to effectively addressing the associated risks.

2. Measures to prevent, control, minimize and address risks of violence and harassment at work, and to monitor such incidents or forms of behavior.

KLC takes measures and implements administrative practices to prevent, control, minimize and address the risks of violence and harassment at work, and to monitor such incidents or forms of behavior. By way of example, the above measures and administrative practices include the following:

(a) Adoption of a Policy on the Management of Internal Complaints Regarding Incidents of Violence and Harassment, which is included in this (Part C), so that every complaint or relevant report is received, investigated and resolved confidentially and in a manner that respects human dignity. KLC may keep a log of reported incidents.

1. b) Appointment of a designated contact person (‘liaison’) to guide and inform employees regarding the prevention and handling of violence and harassment at work.
2. c) Encouraging the maintenance of a working environment where respect for human dignity, cooperation and mutual support are core values.

(d) Technical measures, such as ensuring adequate lighting, etc.

1. e) Training staff in procedures for managing incidents of violence and ensuring that staff have the necessary training and information to carry out their duties, particularly in workplaces where there is a higher risk of incidents of violence and harassment

(f) Initiatives to raise employees’ awareness of healthy standards of behavior, as well as of issues relating to vulnerable groups of employees.

(g) Guidance and support for victims of violence and harassment to facilitate their reintegration into the workplace.

(h) Providing assistance to any competent public, administrative or judicial authority during the investigation of incidents of violence or harassment, where requested to do so.

1. i) Regularly assessing the effectiveness of the preventive and remedial measures in place, and reviewing and updating the risk assessment and the measures.
2. j) Any other appropriate and necessary measures to achieve the objectives of this policy.

3. Staff information and awareness-raising activities on issues of violence and harassment

KLC declares its zero tolerance of violence and harassment and takes the following measures to raise its staff’s awareness of these issues:

(a) It hereby provides its staff with guidance and information on the risks of violence and harassment, as well as on the relevant prevention and protection measures, on the procedures in place at company level and on the options provided by law in the event of such incidents.

(b) It may organize targeted staff meetings to discuss relevant issues and address potential risks in a timely manner.

1. c) It may organize seminars with mental health specialists or counselling service providers, etc.
2. d) It encourages the participation of employees and management staff in training programmes and seminars on recognizing and managing the risks of violence and harassment at work.
3. Information on the rights and obligations of employees and KLC in the event of incidents occurring, being reported or being the subject of a complaint, as well as on the relevant procedure.

4.1. Options available to those affected by incidents of violence and harassment:

4.1.1. In the event that a person is affected by an incident of violence or harassment whilst seeking employment, during their employment or collaboration with KLC, or even if their contract or employment relationship with KLC – within the context of which the incident or behavior is alleged to have occurred – has ended, they have: a) the right to judicial protection, (b) the right to lodge an appeal, file a complaint and apply for the resolution of a labour dispute with the Labour Inspectorate, within the scope of its statutory powers, c) the right to submit a report to the Ombudsman, within the scope of his statutory powers as the body responsible for promoting and overseeing the principle of equal treatment, as well as d) the right to submit a report or complaint within KLC in accordance with the procedure for receiving and handling complaints set out in Part C of this document. In any event, where a report or complaint regarding such conduct arises within KLC, the affected person retains all rights to appeal to any competent authority.

4.1.2. Furthermore, any person covered by this policy who is subjected to an incident of violence or harassment has the right to leave the workplace for a reasonable period of time, without loss of pay or any other adverse consequences, provided that, in their reasonable belief, there is an imminent serious risk to their life, health or safety, in particular where the perpetrator of such behavior is a person exercising managerial authority or representing KLC, or where KLC fails to take the necessary and appropriate measures to restore  industrial peace, or where such measures are insufficient to put an end to the violent and harassing behavior. In such a case, the person leaving is obliged to notify the KLC Union in writing in advance, detailing the incident of violence and harassment and the circumstances justifying their belief that there is an imminent serious risk to their life, health or safety. If no danger exists or has ceased to exist and the affected person refuses to return to the workplace, KLC may refer the matter to the Labour Inspectorate with a request for the dispute to be resolved, in accordance with the relevant provisions of Article 18 of Law 4808/2021, as in force at the time.

4.2. Contact details of the competent administrative authorities to which any affected person is entitled to appeal

(a) Labour Inspectorate (SEPE): The contact details of the Regional Directorates for the Inspection of Labour Relations are available at the following link: https://www.sepenet.gr/liferayportal/documents/20181/55607/SEPE+email+phones+catalog+072021.pdf / SEPE complaints helpline via the citizen service line: 1555

1. b) Ombudsman: 17 Chalkokondyli Street, 10432 Athens, Email: press@synigoros.gr Tel.: (+30) 213 1306 600
2. c) Immediate psychological support and counselling service for women who are victims of gender-based violence: SOS Helpline 15900.

4.3. Consequences of non-compliance with this policy in the context of the employment relationship.

The provisions set out in Part C of this document shall apply

5. Appointment of a point of contact (‘Liaison Officer’).

For the purposes of this policy, Asteria Bakopoulou (tel: 2107264656, email: asteria_bakopoulou@klclawfirm.com) is designated as the designated contact person (‘Liaison’). In this capacity, the Liaison Officer is responsible for guiding and informing those covered by this policy on the prevention and handling of violence and harassment at work, regardless of whether they contact the Liaison Officer in connection with an incident or a complaint regarding an incident of violence and harassment or not. The Liaison Officer is responsible for maintaining the incident log and keeping KLC Management informed. Furthermore, the Liaison Officer is obliged to ensure the protection of Personal Data, which may come to their attention whilst carrying out their role.

Penelope Karveli has been appointed as the Deputy Data Protection Officer (tel.: 2107264660, email: penelope_karveli@klclawfirm.com), who shall replace the regular Data Protection Officer in the event of any impediment, conflict of interest, suspicion of bias, or for any reason preventing the regular Data Protection Officer from handling the matter.

6. Protection of employment and support for employees who are victims of domestic violence through any appropriate means or reasonable accommodation.

KLC, as a practical demonstration of its social responsibility towards the issue of domestic violence, may, upon request from an employee who is a victim of domestic violence, consider, on a case-by-case basis, taking into account the nature of the employee’s duties and the organisation’s capabilities, the adoption of appropriate measures aimed at supporting the employee in retaining their job and ensuring their smooth reintegration following such incidents, particularly in cases where there are minor children or children with disabilities or serious illnesses (for example, the adoption of flexible working arrangements, etc.).

PART C – PROCEDURE FOR RECEIVING AND INVESTIGATING COMPLAINTS

1. Contact details for receiving complaints

The regular Liaison Officer is designated as the person responsible for receiving, investigating and handling complaints or grievances from affected individuals regarding acts of violence or harassment. Complaints or allegations may be submitted to the Liaison Officer and, in the event of any impediment or conflict of interest, or suspicion of bias, or for any reason preventing the regular Liaison Officer from handling the matter, to the alternate Liaison Officer.

The contact details for the regular and alternate Liaison Officers are set out in Part B, Article 5.

Wherever this policy refers to the Liaison Officer, this also includes the deputy Liaison Officer.

2. Investigation and examination of complaints impartially, whilst protecting the confidentiality and personal data of victims and those against whom complaints are made.

KLC and the Association undertake to receive and not to obstruct the receipt of, to investigate and handle promptly any complaint regarding an incident of violence or harassment, to investigate and examine the allegations impartially, objectivity and respect for human dignity, and to take immediate measures to protect the affected person. In this context:

(a) Individuals who submit a complaint will be informed that their complaint has been received and, at regular intervals, of the progress of the investigation into their complaint. Upon completion of the investigation, KLC will inform the complainant of the findings of the investigation

(b) The Association, assisted, where it deems it appropriate or necessary, by KLC’s legal adviser and/or other competent officers, shall investigate the allegations, using any appropriate means provided that this does not contravene the law or public morality. Furthermore, the Association shall inform KLC’s Management of the complaint and the results of the relevant investigation.

(c) Where possible, the Association shall endeavour to resolve the matter amicably before it escalates.

(d) To ensure industrial peace and the integrity of investigations, KLC may, amongst other measures, transfer the affected person or the accused, or amend their working hours, place of work or manner of performing their duties, until the investigation is completed.

(e) When examining the complaint and establishing the facts of the allegations, the Association may have access to KLC’s records, to audiovisual material collected by KLC, and to other appropriate means of gathering information and evidence.

(f) Before taking any measure or imposing any sanction, the Association shall invite the accused to give a statement, unless it reasonably considers that this is not required, either because it would endanger the affected person, or because there is irrefutable evidence regarding whether or not the act constituting an incident of violence and harassment was committed, or for any other reason.

(g) If the incident also constitutes an unlawful act and gives rise to criminal or administrative sanctions, the Association shall cooperate with the competent authorities (including, but not limited to, the courts, the public prosecutor’s office, the Labour Inspectorate, the Ombudsman, etc.).

(h) KLC and the Association undertake to maintain confidentiality and to protect Personal Data collected in the course of carrying out the above duties.

3. Prohibition of reprisals against the affected person.

KLC undertakes to comply with the obligation to prohibit retaliation against affected persons, in accordance with Article 13 of Law 4808/2021 and the provisions of labour legislation. In this context, it is prohibited, amongst other things, to subject an affected person to any unfavourable treatment where this constitutes vindictive behaviour or a retaliatory measure against them on the grounds that they have lodged a complaint regarding an incident of violence or harassment.

4. Consequences following the identification of breaches of this policy.

In the event that it is established that an employee or any other person employed by KLC has breached the prohibition on violence and harassment, KLC shall take against them the necessary, appropriate and proportionate measures to prevent any recurrence of such an incident or behaviour. These measures may include: (a) a compliance recommendation; (b) the imposition of a disciplinary penalty, in accordance with the relevant provisions of the Internal Regulations  and/or the Company’s Code of Ethics and Conduct, as applicable from time to time; c) a change in position, working hours, place or manner of work, on a temporary or permanent basis, or d) the termination of the employment or collaboration relationship, subject to the prohibition on the abuse of rights under Article 281 of the Civil Code. Furthermore, in the event that a complaint is deemed to have been made in bad faith, KLC reserves the right to take any lawful action against the complainant within the framework of the employment or collaboration contract and the law.

5. Cooperation and provision of all relevant information to the competent authorities, where requested.

KLC, the Association and any other person responsible for receiving and handling complaints of violence or harassment shall cooperate with any competent public, administrative or judicial authority which, either on its own initiative or following a request from an affected person, within the scope of its remit, requests the provision of data or information, and undertake to provide assistance and access to such data. To this end, any data collected, in whatever form, shall be kept in a relevant file in accordance with the provisions of the legislation on the protection of personal data.

PART D – FINAL PROVISIONS

This policy is communicated to all KLC employees by all appropriate means and is displayed in the workplace and on the company’s website. This policy may be updated from time to time at KLC’s discretion (including in the event of a change in the details of the responsible persons).