Respectful interaction means interaction free from discrimination, harassment, mobbing, threats, violence and abusive use of power. We want to prevent actions and statements that fall into these categories and, if they do occur, sanction them and end them professionally, prudently and effectively.
Discrimination
Discrimination is defined as any statement or action that discriminates against, treats unequally or depreciates the value of a person on the grounds of origin, ethnicity, nationality, gender, age, language, social status, way of life, religious, ideological or political conviction or on the grounds of a physical, mental or psychological impairment without any objective reason.
Harassment
Sexual harassment in the workplace is unwanted conduct of a sexual nature that is perceived as offensive and unpleasant by the person concerned. According to Art. 4 of the Gender Equality Act, any harassing conduct of a sexual nature or other conduct based on gender that impairs the dignity of persons is understood as discriminatory. Sexual harassment in the workplace violates the personal rights as well as the psychological and physical integrity of the person concerned. Sexual harassment is not always directed against one person, it can also be directed against a whole group. Possible/typical forms of expression of sexual harassment:
- Lewd and embarrassing remarks
- Remarks about physical assets or weaknesses
- Intrusive and appraising looks
- Sexist remarks and jokes
- Displaying, posting or putting up sexist material
- Ambiguous requests or invitations
- Unwanted physical contact
- Approaches involving promises of benefits or threats of disadvantages
- Electronic innuendos or come-ons
- Forcing sexual relations
- Sexual and physical assault
Sexual harassment as a factual matter can only be sanctioned against the accused person by the PSI during the period of a valid employment relationship. Criminal offences must be resolved by the courts. Sexual harassment under Art. 198 of the Criminal Code is time-barred as an offence after one year, and the penalty for it is time-barred after three years (Art. 109 of the Criminal Code). The filing of criminal proceedings does not release employers from taking measures against sexual harassment.
Mobbing
Mobbing is defined as behaviour in which individual employees are deliberately, systematically and over a long period of time harassed, attacked or ostracised by one or more persons. Mobbing acts can generally be divided into four categories: 1. attacks on the ability to communicate; 2. attacks on social reputation; 3. attacks on the quality of work; 4. attacks on health. The following list shows typical actions that can constitute mobbing if done systematically:
- Refusing contact, isolating, ignoring
- Withholding information
- Refusing to talk
- Aggressive or rude behaviour
- Unobjective personal criticism
- Discrimination or repeated non-invitation to professional group events
- Spreading derogatory or negative rumours
- Embarrassment, ridicule, insecurity, humiliation
- slander, defamation, harassment, threats
- Attacks on nationality, political or religious views
- Invasion of a person's privacy
- insinuations about appearance and personal, debilitating insinuations
Mobbing as a matter of fact can only be sanctioned during the period of a valid employment relationship.
Threat
Threats can be understood as the - implicit or explicit - expression of a desire or intention to harm a particular person or to violate their physical integrity. A threat can be made verbally, in writing, but also symbolically, for example through gestures. Even if threats do not always precede a serious act of violence, it is advisable to take every threat seriously and, if necessary, carry out a risk assessment with the support of professionals. There are many reasons for threats in the workplace, such as:
- Incidents that are perceived as non-collegial
- Perception by the perpetrator that she/he is being set back or treated unfairly by the target (distorted perception or exaggerated sense of justice on the part of the perpetrator)
- Vindictiveness or "possessiveness"
Violence
Violence usually includes physical violence as well as verbal insults, threats made or exercised among employees at work, endangering the health, safety or well-being of employees. The violence may also have a racist or sexual aspect. Aggressive or violent acts take the following forms:
- rude behaviour - lack of respect for others
- physical or verbal violence - intention to hurt someone
- assaults, assaults by third parties - intention to harm someone
Abuse of power
Abuse of power in the workplace occurs when employees are personally attacked by words and/or deeds. This abuse is independent of the management hierarchy and can take place across groups or at the same hierarchical level or both top-down and bottom-up. There is a deliberate attempt to bring people into dependency and keep them under control. In doing so, it is consciously accepted that they will be harmed. Special forms of abuse of power are sexual harassment and mobbing.