How do I recognise harassment or inappropriate treatment and what should I do?

Recognise harassment and inappropriate treatment

Such inappropriate treatment which causes hazards or risks to safety or health is considered unacceptable harassment. Forms of harassment include, for example, inappropriate comments on the age, sex, skin colour, opinion or conviction of another person. Verbal, physical or attitudinal insults are also examples of harassment. Harassment can be sexual harassment. Sexual harassment can be physical or verbal. Suggestive comments, faces and gestures, nude photos and coarse language can be as offensive as grabbing.

  

Examples of inappropriate treatment include

  • continuous and unfounded criticism on the performance of others and the discrediting of others
  • inappropriate name-calling or exclusion from the work community
  • the unfounded removal or ignoring of tasks or fringe benefits are considered inappropriate treatment.

 

If the inappropriate treatment is detrimental to the employee’s health and the employer fails to take action, the harassment or inappropriate treatment shall be punishable under the Criminal Code.

  

 

What is not considered inappropriate treatment

However, not all unpleasant treatment can be treated as bullying or harassment referred to in the Occupational Safety and Health Act.

  

For example, the following are not considered inappropriate treatment:

  • conflicts arising from work-related decisions or their interpretation;
  • work issues that are discussed within the work community;
  • any justified disciplinary measures taken;
  • referral of the employee to an examination of his/her ability to work by the employer, following a discussion of the employee’s problems at work with the employee.

 

 

The decisions made and measures taken by the employer by virtue of his/her authority do not constitute inappropriate treatment, even if they might feel like it. The employer’s authority at the workplace is governed by acts, norms and rules on good conduct. The employer has the right to make plans, allocate resources and manage and supervise work. The employer may impose regulations on the quality and extent of duties, and the procedures used at the workplace. 

 

What to do?

2.1 Reacting

If an employee feels that a supervisor or a colleague treats them inappropriately, they should speak directly to the harassing party, telling them that their behaviour feels inappropriate and cannot be tolerated. If speaking to the person has no effect, or if the employee does not want to confront them alone, the employee can ask someone at the workplace to support and accompany them in the discussion, such as a colleague, the occupational safety and health officer or the employees’ representative. If the employee does not confront the concerned party directly, the situation might, at the worst, be interpreted as voluntary victimisation. In each case, the inappropriate treatment is likely to continue and get worse.

  

If the employee has clearly expressed his/her disapproval of the harasser’s conduct, the harasser can be considered aware of the negative effects of the harassment and to continue the inappropriate treatment on purpose. In order to allow the matter to be processed further, it is important to document the forms and frequency of inappropriate treatment, and the reactions of the harassed party. If the harasser continues the inappropriate treatment despite being told not to, they should be notified of escalating the matter to the employer.

 

It is the employer’s obligation to monitor and intervene with harassment and other inappropriate treatment. The employer’s obligation to take measures starts when the employer becomes aware of harassment or other inappropriate treatment of an employee.

  

2.2 Employees’ representative, occupational safety and health officer and union

The employee or his/her representative must ask the employer to handle the matter. The primary parties to contact in cases of inappropriate treatment at work are the occupational safety and health officer, employees’ representative, occupational safety and health manager and occupational health care.

 

In general, unions have a minor role in solving cases of harassment or inappropriate treatment. The unions have no authority to act at the workplace, or to intervene with inappropriate treatment or harassment. Thus, it is best to resolve the situation at the workplace, resorting to the help of employees’ representatives and, if necessary, occupational safety and health authorities.

  

2.3 Occupational health care and occupational safety and health inspectorate

Occupational health care is usually only consulted when the employee is about to lose or has lost their health due to the inappropriate treatment. In such a case, occupational health care measures focus on restoring the employee’s health. When the case is handled at the workplace, occupational health care can be consulted as an independent expert.

 

The occupational safety and health inspectorates monitor the healthiness and safety of working conditions. If the employer fails to take the necessary measures to eliminate harassment or inappropriate treatment, a notification can be made to the occupational safety and health inspectorate. In such a case, the occupational safety and health inspectorate provides instructions and guidance for solving the problems identified at the workplace. If there are matters at the workplace which put the employee’s safety at immediate risk, or if the employer fails to take the necessary measures as instructed, the occupational safety and health authority can order the employer to comply with the decision of the occupational safety and health inspectorate under penalty of a fine. If the violation continues, the violation can be reported to the prosecuting authority for measures of prosecution, upon the discretion of the occupational safety and health authority.

 

 

SOURCES:

The occupational welfare working group at the Uusimaa Occupational Safety and Health Inspectorate: Ohjeita häirinnän ja muun epäasiallisen kohtelun ehkäisyyn ja käsittelyyn työpaikalla (“Instructions on how to prevent and handle harassment and other inappropriate treatment at the workplace”) (Tampere 2005)

  

Occupational safety and health inspectorates, www.tyosuojelu.fi/fi/hairinta