Partners in disarray over harassment

Date: 17/04/1997

By Simon Coss

TALKS between European employers and trade unions aimed at resolving their dispute over whether the problem of sexual harassment in the workplace should be tackled at national or EU level are unlikely to bear much fruit.

The two sides appear as far apart as ever in the run-up to the next round of talks on the issue on 30 April, making progress unlikely.

While both the European employers' organisation UNICE and the European Trade Union Confederation (ETUC) proclaim a firm commitment to combating sexual harassment, they disagree on how best to do so.

The employers' lobby argues that there is no need for EU-level legislation as adequate rules already exist in all 15 member states. It claims the European Commission's own evidence supports its argument and strongly contests the institution's assertion that “too little has been achieved in this area” in the member states.

“On the contrary, the Commission's report details the legal frameworks which have been put in place by all member states which address this problem. It also lists a number of recent non-legislative initiatives taken by public authorities or the social partners to provide practical support to victims of sexual harassment,” said a UNICE official.

But the ETUC counters that simply listing the state of play on sexual harassment legislation in EU countries misses the point. What matters, it says, is not whether or not there are laws on the statute books but whether they are being properly enforced.

“The Commission report certainly says what legislation exists, but it makes no mention of implementation levels,” said an ETUC official.

It is this specific issue of implementation which the social partners will discuss at their 30 April meeting.

The ETUC contests the employers' view that sexual harassment is best tackled via the 'subsidiarity' route - the principle enshrined in the Maastricht Treaty which states that action should be taken at the most 'local' level possible - arguing that a Europe-wide approach is the only way to ensure the problem is dealt with effectively.

The unions also strongly caution the EU institutions against giving in to the temptation to harmonise rules to the 'lowest common denominator'. “We must aim to set the highest possible standard of efficient legislation,” said an ETUC official.

If the two sides continue to draw a blank in their efforts to reach a deal, they could ultimately have one imposed on them by the Commission. It all but admitted hopes of an agreement were fading fast last month when it published a report launching the second stage of the talks.

“While the consultation document strongly encourages the social partners

to negotiate a collective agreement on this issue, it makes it clear that the Commission is ready to go further if such an agreement is not reached,” it said.

Commission figures suggest that at least one-third of working women in the EU have suffered some form of sexual harassment.