Workplace Harassment: Employer Responsibilities and Prevention

Workplace harassment remains one of the most complex and sensitive forms of violation of workers’ rights. It manifests itself through unwanted and repeated behaviours—words, attitudes, gestures or omissions—aimed at humiliating, devaluing or isolating a worker, thereby affecting their dignity and their physical or psychological health.

In Portugal, workplace harassment is legally framed under Article 29 of the Labour Code, which expressly prohibits any harassing behaviour, and Article 127, which establishes the employer’s duty to ensure working conditions that respect the physical and moral integrity of workers. This dual dimension—repressive and preventive—reflects a clear legal requirement for diligent action on the part of companies.

Legal Framework of Workplace Harassment

The Portuguese legal regime imposes on the employer not only the obligation to refrain from harassing practices, but also an active duty of prevention. Failure to comply with these obligations may give rise to liability whenever tolerance, omission or an inadequate response to harassing behaviour in the workplace is established.

Employer Liability in Cases of Workplace Harassment

Portuguese case law has increasingly reinforced that employers are liable not only for acts of harassment committed directly by their representatives, but also for those carried out between employees, whenever there is a failure in prevention or in providing an appropriate response to the reported conduct.

Types of Employer Liability

Employer liability may arise in several areas, namely:

• Disciplinary liability, through the initiation of proceedings against the perpetrators of harassment;

• Civil liability, entailing the obligation to compensate the harassed worker for the damages suffered;

• Administrative offence liability, through fines applicable where there is a breach of legal prevention rules, supervised by the Authority for Working Conditions;

• Criminal liability, in the most serious cases, when the conduct falls within the scope of criminal offences.

This breadth of liability demonstrates that employer inaction or the absence of effective preventive mechanisms is not legally neutral, but rather constitutes a breach of duties of diligence and good labour practices.

The liability of the employer, in the context of a complaint concerning conduct that may constitute workplace harassment, will be aggravated where there are indications or where it is proven that the unlawful act or omission directed at the worker was premeditated and intended to lead the worker to resign. In judicial proceedings, it will be relevant to assess whether the employer intended to engage in acts of harassment until the worker terminated the employment contract (by unilateral revocation) in order to avoid additional costs related to the initiation of disciplinary proceedings or the payment of compensation arising from other forms of termination of the employment contract at the employer’s initiative.

Distinction Between Workplace Harassment and Labour Conflict

Case law has also emphasised that not every labour law violation is sufficient to constitute workplace harassment. Serious conduct is required, with duration and concrete effects, and workplace harassment must not be confused with a simple labour conflict, nor with the legitimate exercise of the employer’s disciplinary powers.

Prevention of Workplace Harassment and Organisational Culture

The prevention of workplace harassment goes far beyond the mere drafting of a code of conduct. It requires:

• A clear definition of internal zero-tolerance policies;

• Specific training for managers and workers on prohibited behaviours and their consequences;

• Confidential and accessible reporting mechanisms;

• Impartial and swift investigation procedures, ensuring the protection of the victim and the whistleblower.

Investment in an organisational culture based on respect and trust ultimately constitutes the best way to protect the company, not only from a legal standpoint, but also in reputational and human terms.

Responsible Governance and Prevention of Legal Risks

Combating workplace harassment is now an integral part of responsible corporate governance. Employers cannot limit themselves to reacting once a conflict has already arisen—they must act preventively, promoting healthy working environments and effective internal mechanisms for conflict resolution.

In a context of growing social and institutional sensitivity to harassment issues, the omission of preventive measures may represent not only a significant legal risk, but also the loss of talent, productivity and trust. Modern management of labour relations therefore requires the consolidation of clear ethical policies and the accountability of all stakeholders.

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