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The future of work based on dignity and respect – Тhe role of the social partners in view of increasing harassment at the workplace

From 25 to 27 May 2023 took place in Stuga, North Macedonia, a seminar about “The future of work based on dignity and respect – Тhe role of the social partners in view of increasing harassment at the workplace”, organised by YHACM - UNASM - UIATUM (Union of Independent Autonomous Trade Unions of Macedonia), with the support of EZA and funded by the European Union.

46 representatives of workers’ organisations from North Macedonia, Montenegro, Kosovo (as guests), Bulgaria and Albania participated in the seminar.

Objective of the project was the protection and the support of victims at the workplace and in employment.

Goals of the seminar:

-protection, support and empowerment of victims at the workplace and in employment

-increased awareness among workers' representatives, employers and authorities about the seriousness of the problem, as well as about the consequences it leaves behind.

-protection of rights upon dismissal;

-protection against workplace abuse, as well as protection in employment

-implementation of trade union action and statement

-ratification of ILO Convention 190 on protection against harassment in the workplace

The most important aspect of the seminar were as follows:

-Psychological and sexual violence, discrimination are serious problems, for which there is no institutional response, although there is legislation. Problems as unemployment and discrimination in various forms and relationships at the workplace exist and deepen through the environment in which it is created.

-Workplace violence is one of the key obstacles to the full realization of human rights and is a critical obstacle in empowering workers to get their basic rights to life, liberty, equality, security, integrity and personal dignity.

-There are several types of workplace harassment:

-Any verbal and non-verbal negative behaviour with a disturbing connotation of one person or group towards another which violates the dignity of the person. Sexual violence is an issue that is rarely discussed. Ignoring the occurrence of sexual/gender harassment does not reduce the seriousness of the problem, nor the pain on the victim as well as the bad human relations and thus the reduction of the productivity of the companies.

-In the "guidelines for the implementation of the rules of the European Commission against sexual harassment in the workplace" sexual harassment is defined as unwanted behaviour of a sexual nature or other forms of behaviour based on gender differences by endangering the dignity. Sexual harassment includes physical, verbal, or non-verbal behaviour.

-Psychological harassment in the workplace - MOBBING: It represents harassment and abuse at the workplace and can have many consequences, both to one's own detriment and to the work environment. It suggests harassment by the employee's boss and vice versa, harassment at the same level through provocative insults, belittling, relocation from a higher to a lower paid job or setting tasks that the employee is not good at performing (i.e. an increasingly poorly paid job or consciously setting the performance of work tasks that are not good for performing). Certain behaviours are usually associated with various psychosomatic illnesses, disturbed relationships in the family and in the work environment, which qualifies as unproductive and demotivation of the worker. That is why it is necessary to speak out about harassment in the workplace. It is important to learn how to recognize the same, how mobbing and sexual harassment can be prevented through primary control, information and education.

-From the several focus groups held within UNASM, which included people employed in the state, public and private sectors, it emerged that many workers      were not informed about the law on protection against harassment at the Workplace. Employees who stated that they were informed were not informed about how harassment is regulated. According to some of the workers, this partial information is simply due to the fact that the employers do not take care of the method and quality of information, although the legislation provides for informing the workers, however, information about the legislation is missing.

-A successful fight against harassment is only possible if several elements are taken into account together: mechanisms for the implementation of the existing law or the preparation of a new law as well as the ratification of the Convention on the Elimination of Violence and Harassment in the World of Work (C 190) and its accompanying recommendations (br 206 adopted on June 21, 2019, by the ILO). This program requires the initiation of the overall public dialogue, in order to explain, convince, argue the public that workplace unrest is an important social and state problem that must be discussed. From the previous practice, i.e., which law was passed in 2013, only one final judgment has been passed to date.

-There are no statistics on the estimated representation in the RNM on mobbing. According to the ILO survey, over 4% of workers are subject to psychological violence, 2% to sexual abandonment and 8% to intimidation and harassment. If these statistics are taken into account, it is estimated that there are 111,936 mobbing cases in RNM out of the total number of citizens. Since 2013, when the law on protection against harassment in the workplace was passed, there have only been two initiated and successfully resolved cases and one case is pending.

At the seminar, experiences from all countries were discussed and exchanged, and there was great interactivity from all participants, from which the following emerged:

Conclusions:

-In order to ensure effective protection of workers and other affected individuals, a comprehensive set of measures related to workplace violence and harassment should be implemented. These measures should involve employers' and workers' organizations, regulatory bodies and government agencies.

Some key measures:

a) Comprehensive policies: employers should develop and implement comprehensive policies that clearly define zero tolerance for violence and harassment. These policies should be communicated to all employees and reviewed regularly to ensure their effectiveness.

b) Training and education: Regular training programs should be undertaken for workers‘ representatives to raise awareness about violence and harassment and to equip them with preventive strategies and teach them how to respond to incidents. Training should be tailored to the structures and work roles to meet the unique challenges they face.

c) Safe reporting mechanisms: Reliable and easy-to-use reporting mechanisms should be established, ensuring that working people and bystanders can report incidents without fear of reprisal. A clear location should be made to investigate and resolve the situation, and disciplinary action should be taken against the perpetrators.

d) Support services: Organizations should provide support services to help victims of violence and harassment. This may include access to counselling services, legal support and medical assistance. In addition, employers should ensure that children are aware of available support resources both within and outside the organisation.

e) Cooperation and exchange of best practices: employers' and workers' organizations should cooperate to share best practices and successful strategies to prevent violence and harassment. Industry-wide forums, conferences and workshops can be developed where stakeholders can            exchange knowledge, experiences and learned remedies.

-To pass a law on social dialogue that will improve the work of workers’ representatives.

-To pay attention to joint action and solidarity between unions and other social partners.

-To pay attention to the brain drain, part of the activities of young people who leave their countries and appealed to the youth. Motto: Together, young people are stronger and you can do much more!

-Opening of new and quality jobs

-Departmentalization in employment and trade union organization

-Through the social dialogue to regulate the ratio between the representatives of the public and the sector - to increase the inspection supervision of the inspectorate in order to determine how appropriate the implementation of dignified work is

-Strengthening the moral and spiritual values of the workers

-The conclusion of all those present from the region is that despite the existence of a harmonized legal regulation, there is no implementation of it, and the politicization of the unions makes it impossible to influence the unions who want to implement it and work for the protection of workers.

-Associating and taking concrete actions of trade unions from the region without political and party influence.

-To sensitize the decision-makers about the benefits, but also to create healthy trade union organizations

-Unions must reach out to new members, activate and mobilize them to effectively protect workers' interests

-The conditions of workers and the problems they face are the same but with different intensities, while the role of the unions is weak due to disrespect for the principles of solidarity, inequality due to party influence from any government.

The participants of this event will take initiatives in their organizations as part of their daily work:

-In accordance with the strategic goals of opening new and quality jobs, improving the conditions of the labor market for more, better and more flexible jobs, a commitment for young people to stay in their countries and give their capacity here.

-This seminar will contribute to the participants to devote themselves to improve the opportunities for women and men to get decent and productive work in conditions of freedom, equality, security and human dignity.

-The main goal is the promotion of workplace rights, encouraging opportunities for decent employment, improving social protection. An integrative perspective, including analysis of aspects related to professional frustration, safety and health, health promotion, human resource management and organizational development.

-There are benefits for both sides, and that healthy organizations should be able to attract and retain talented workers more productive and, instead of having greater success in cost management, as well as more competitive.

-Wellbeing through the creation of well-designed opinions, supportive social environments, equal opportunities and access to career development and work-life balance.