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הטרדה מינית בעבודה

הטרדה מינית במקום העבודה - כל מה שמעסיק צריך לדעת ולא היה לו את מי לשאול

*מאמר משפטי מאת עו"ד הילה אראל-שמש

האינסטינקט המידי של מעסיק ברגע שמגיעה אליו תלונה בנושא הטרדה מינית, הוא לשכור עו"ד טוב.

ייעוץ משפטי הוא תמיד מבורך ורצוי, אבל הבנה ויישום של סדר הפעולות הנכון כאשר ניגשים לטפל בחשד להטרדה מינית בעסק, או למניעתה, יפחיתו משמעותית את הסיכוי להטיל אחריות על המעסיק - גם במידה ויוכח כי אכן הייתה הטרדה מינית.

לפי סעיף 7 לחוק למניעת הטרדה מינית, התשנ"ח 1998 (להלן – החוק), חלה על המעסיק החובה לנקוט באמצעים סבירים בנסיבות העניין כדי למנוע הטרדה מינית או התנכלות במסגרת יחסי העבודה, וכמובן לטפל בכל מקרה כזה. חובות המעביד המפורטות נקבעו בתקנות למניעת הטרדה מינית (חובות מעביד) תשנ"ח 1988 (להלן – התקנות).

אם נפשט, ניתן לחלק את הנושא לשניים:

1. הפעולות שיש לנקוט לפני האירוע;

2. הפעולות שיש לנקוט אחרי האירוע;

עיקר הפעולות שיש לנקוט לפני:

  • על המעסיק חלה חובה למנות ממונה למניעת הטרדה מינית במקום העבודה ולהפיץ תקנון למניעת הטרדה מינית במקום העבודה.
  • מעסיק המעסיק עד 25 עובדים ייצא ידי חובתו אם יביא את התקנון לידיעת כל עובד בין במסירה אישית ובין בפרסום.
  • מעסיק המעסיק מעל 25 עובדים, חייב בפרסום תקנון ועל פי הוראות תקנה 8, בין היתר על הפרסום להיות בולט לעין וביותר ממקום אחד, וכן שעותק התקנון יימסר לממונה ולכל לעובד שיבקש.

התקנון חייב להכיל מספר סעיפים, בין היתר:

א. פירוט לגבי מהי הטרדה מינית והתנכלות;

ב. מדיניות המעביד ואחריותו;

ג. מה עושים אם הייתה הטרדה;

ד. פרטי הממונה (שם, תפקיד, טלפון);

ה. מי יכול להגיש תלונה;

ו. אופן הגשת התלונה;

ז. בירור התלונה- איך מתבררת תלונה וכיו"ב;

עיקר הפעולות שיש לנקוט אחרי:

  • התלונה תוגש לממונה שמינה המעסיק;
  • הממונה יידע את המתלונן באשר לדרכי הטיפול;
  • הממונה יפעל לבירור התלונה, ישמע את המתלונן, את הנילון ועדים אם יש, ויבדוק על מידע שהגיע אליו בדבר התלונה;
  • הבירור יעשה תוך הגנה מרבית על כבודם ופרטיותם של הצדדים;
  • המעביד יגן על המתלונן במהלך בירור התלונה מפני פגיעה בענייני עבודה;
  • בתום הבירור יגיש הממונה ממצאיו למעביד ללא דיחוי, סיכום בכתב של הבירור והמלצות;
  • למעביד יש חלון זמן של עד 7 ימים להחליט על דרך פעולה שהיא יכולה להיות אחת מאלה: מתן הוראות לעובדים המעורבים; הרחקת הנילון; נקיטת צעדים בענייני עבודה; פתיחת הליכים משמעתיים; אי נקיטת צעד כלשהו.
  • המעסיק ימסור לצדדים המעורבים הודעה מנומקת על החלטתו.

לסיכום, בעל עסק -  אם לא דאגת לכל אלה עד כה, זה הזמן להתחיל.

המידע לעיל אינו כולל אפשרויות נוספות שקובע החוק כגון עובדי קבלן או סוגיית נגיעה אישית לממונה בנושא התלונה. כמובן שיש לקבל יעוץ בכל מקרה לגופו.

*תוכן מאמר זה לא מהווה ייעוץ משפטי ויש לבחון כל מקרה לגופו.

*כותבת המאמר, עו"ד הילה אראל-שמש, בעלת משרד עורכי דין ועוסקת בדיני העבודה.

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ברוכים הבאים לאתר ההטבות של Better Business, ארגון הרכש לעסקים - יותר הטבות פחות הוצאות! כאן תוכלו למצוא מיטב של הנחות, מבצעים ושוברים על בילויים, אטרקציות, קורסים מעשירים ושירותים שונים.

ובמילים אחרות - הכירו את Better Business, ארגון רכש המאגד את העסקים הקטנים והבינוניים בארץ ופועל כגוף צרכני עסקי משותף.

 

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