From a Swiss perspective, the term sexual harassment in the workplace covers any behaviour with a sexual aspect or based on gender that is unwanted by and humiliating to the recipient.
Employers are under an obligation to ensure that employees are not sexually harassed, and that any victim of sexual harassment suffers no further adverse consequences: (art. 328 para. 1 of the Code of Obligations).
Swiss law also provides for an express prohibition of discrimination through sexual harassment in the workplace, which includes in particular threats, the promise of advantages, the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature (art. 3 of the Gender Equality Act 1995).
In addition, administrative law imposes the obligation on employers to take the measures necessary to protect the employee's personal integrity, which includes measures against sexual harassment under the Equality Acts.
Sexual harassment may result in a prosecution. Depending on the severity, a fine, a monetary penalty or a custodial sentence may be imposed.
It is also worth mentioning that various collective bargaining agreements set out provisions prohibiting sexual harassment.
The term sexual harassment is not defined by Russian law. Depending on the facts of the case sexual harassment may either be considered as discrimination or as another type of offence (e.g. coercion into sexual contact, etc.).
The Russian Labour Code (dated 30 December 2001) prohibits any type of employee discrimination including any sex-related discrimination (there are, however, no statutory norms explicitly regulating sexual harassment at work). A similar legal provision is also contained in the Constitution of the Russian Federation dated 12 December 1993, which protects the equality of all persons irrespective of their sex.
Employers are also allowed to include provisions addressing sexual harassment at work in collective bargaining agreements; however, this is not a widespread practice in Russia.
Under the Dutch Working Conditions Act (1999) (in Dutch: Arbeidsomstandigheden wet) (“the Act”) employers are obliged to create a safe and healthy working environment for their employees. The Act applies to all employers and employees in the Netherlands. The Act also applies to international employers who have employees working in the Netherlands. Both the employer and employee are subject to statutory obligations, as both parties are responsible for health and safety at work. The specific rules for employer and employee to ensure a healthy and safe workplace are further laid down in the Working Conditions Decree (in Dutch: Arbeidsomstandighedenbesluit).
Regarding sexual harassment in the workplace, employers are required by the Act to prevent and/or limit inappropriate behaviour (discrimination, sexual intimidation, aggression and violence and bullying).
The Act states:
"The employer shall operate a policy aimed at preventing employment-related psychosocial workload, or limiting it if prevention is not possible, as part of the general working conditions policy" (article 3, sub 2 Dutch Working Conditions Act).
Employment-related psychosocial workload is being described as: "the factors direct or indirect distinction, including sexual intimidation, aggression and violence, bullying, and work pressure, in the employment situation that cause stress" (article 1, sub 3e the Act).
Furthermore a general prohibition on sexual harassment by the employer is included in the Civil Code under article 7:646 Dutch Civil Code and article 1a of the Equal Treatment Act (1994) which states that "sexual harassment is understood: any form of verbal, non-verbal or physical behaviour of a sexual nature of which the purpose or effect is the violation of a person's dignity, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment".