In line with the legal remedies mentioned above, the harassed employee would be entitled to lawfully terminate their employment contract and claim all statutory benefits (among others severance pay, unused holiday pay, pay for any overtime work performed, other outstanding amounts such as bonuses) if the employer has failed to take precautions following the occurrence of a case of harassment.
Where the employer has failed to prevent harassment and has acted negligently in this respect, the employee may be able to claim non-material damages as well based on the failure of the employer to fulfil its duty of care
In case of gender-based violence or sexual harassment, the injured person has the right to file a complaint with the state/ local authorities, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights (Ombudsman at the Ukrainian Parliament), the court and / or with the police.
The employee can also claim in court "moral damages" suffered due to their employer’s unlawful actions. In order to claim such moral damages, however, an employee will need to prove moral suffering (e.g., by submitting a medical certificate issued based on a medical examination of the employee and reflecting the employee’s stress or other emotional disorders) and to substantiate the causal link between the damage caused to the employee and the employer's actions, which is not straightforward. The amount of the moral damages should be substantiated by the employee, but the final determination is made by court. In practice, courts usually award rather insignificant amounts of moral damages.
Depending on the nature and consequences of the harassment, the victim can also report a crime to the police. In particular, Article 154 of the Criminal Code of Ukraine provides criminal liability where individuals are forced to enter into sexual intercourse, including forcing individuals who are in a relationship of administrative or financial subordination. The moral compulsion by the offender can be treated as a criminal offence under the mentioned Article 154 of the Criminal Code of Ukraine.
This crime is punished with the fine of up to 850 UAH (approx. EUR 30) or with the arrest for up to 6 months. If this crime is supported by the aggravating circumstances, e.g., threats of destruction, damage or seizure of the victim’s property, disclosure of information that disgraces the victim or the victim’s relatives, it is punished with the arrest up to 6 months or the imprisonment for up to 3 years.
Furthermore, Article 153 of the Criminal Code of Ukraine stipulates that committing any sexual violence (not connected with the rape) without the voluntary consent of the victim is punished by imprisonment for up to 5 years.