Sexual harassment in the workplace in Slovakia

The legal definition of harassment can be found in the Act No. 365/2004 Z. z. on Equal Treatment in Certain Areas and Protection against Discrimination (the “Anti-Discrimination Act”). It is defined as: “verbal, non-verbal or physical conduct of a sexual nature, the intention or consequence of which is or may be a violation of person’s dignity and which creates an intimidating, degrading, disrespectful, hostile or offensive environment”.

The definition of the term “sexual harassment” was incorporated into the Anti-Discrimination Act in 2008.

The Slovak Labour Code does not include the term "sexual harassment" but sexual harassment falls under the legal definition of s 13 (1) of the Slovak Labour Code of discrimination.

The Slovak Criminal Code does not directly recognise the term "sexual harassment", but in certain circumstances sexual harassment may result in the suspicion of committing one of the crimes against freedom as well as human dignity (e.g. stalking).

In employment relations, the employer is obliged to treat employees in accordance with the principle of equal treatment established by the Antidiscrimination Act. Although there is no specific set of rules regulating the steps that private sector employers must put in place to prevent harassment in Slovakia, responsibilities of employers may be derived from general principles stipulated by the Labour Code. For example, employees have the right to fair and satisfactory working conditions and to associated protection. Furthermore, employers must create favourable working conditions and a safe working environment which enable employees to achieve the best possible performance at work. Therefore, in order to avoid liability  in relation to the actions of employees who harass their colleagues (e.g. due to failure to create a favourable working conditions and safe working environment), the employer should put in place a system known as taking reasonable steps, which includes training, policies and a preventative approach. 

In accordance with s 13 (6) of the Slovak Labour Code, an employee shall have the right to submit a complaint to the employer in connection with the infringement of any rights and obligations. The employer shall be obliged to respond to such a complaint without undue delay, make enquiries, (and depending on the facts) and/or remedy the consequences. 

No, there has been no reports of an impact on the number of harassment claims against our employer clients as result of the #MeToo movement.

An employee who has been a victim of sexual harassment could pursue the following remedies: 

1. file a complaint and call on his/her supervisor to seek redress,
2. address a trade union,
3. lodge a complaint with the relevant labour inspectorate,
4. raise legal proceedings, 
5. make a criminal complaint, or
6. make a complaint with the Slovak National Centre for Human Rights, which can represent the concerned employee before court free of charge.

An individual can bring an action of harassment in a civil court and claim financial and non-financial damages against the employer and the individual employee who harassed him/her. In court, the employee can demand that the harasser refrains from his/her actions (e.g. stops the harassment  and, if possible, they should remedy their unlawful conduct or ensure that adequate satisfaction is given (e.g. an apology). If the adequate satisfaction is not sufficient, then the employee may also claim compensation for non-financial damage. The amount of non-financial damage is not fixed, it is evaluated on a case-by-case basis according to the intensity of the sexual harassment, the after-effects caused by the sexual harassment, as well as other factors.

We would say this currently sits in the amber category. In Slovakia, this topic has gained importance, it is increasingly discussed publicly, and activities are being developed. Such activities - pursued by third sector and often funded by government authorities and EU funds - are aimed at informing the public on their rights. There are websites promoting information and advice in terms of sexual harassment (including other forms of discrimination), such as www.gender.gov.sk or www.zastavmenasilie.gov.sk. Furthermore, victims of sexual harassment can address requests for legal assistance to the Slovak National Centre for Human Rights. It provides free legal advice in terms of sexual harassment and other forms of discrimination and may represent employees in legal cases. Although, as of now sexual harassment legal cases are not common in Slovakia, it is advisable to proactively maintain policies preventing sexual harassment in the workplace, as the legal grounds for pursuing employees’ claims exist and it might be only a matter of time before harassment claims become more common.

The degree of tolerance for everyday sexism varies in different cultures. In Slovakia, tolerance for sexism is relatively high. 

In advertising, disrespectful behaviour towards women in the media occurs on a regular basis, therefore women often tolerate such behaviour and consider it to be “the norm”. For that reason, there are not many legal cases  in Slovak courts for victims of sexism, which would seek to protect their rights.

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