Every Institute or company has the legal obligation not to tolerate harassment of students, trainees, employees or others by other students, employees or others who have a commitment to the institute or company.
Harassment is defined as follows, unwelcome verbal, non-verbal or physical behavior which includes one of the following elements:

• submission to such behavior is - explicitly or implicitly - used as a condition for the commencement or continuation of employment or for the admission to or successful completion of a course of study;

• submission to or refusal of such behavior by a person is used or partly used as a basis for decisions concerning this person's work or study;

• such behavior is intended to influence the work or study performance of a person and/or the create an intimidating, hostile or unpleasant work, study or living environment, or results in a situation where a person's work or study performance is adversely affected and/or an intimidating, hostile or unpleasant work, study or living environment is created.

Examples are:

• derogatory remarks or jokes about ethnic origin or sexual orientation;

• unwelcome sexual advances, requests for sexual favors or derogatory remarks or jokes of a sexual nature;

• mentally or physically harassing, threatening or attacking another person.

On the other hand employees as well as trainees, students or others who made a commitment with the company or institute may be guilty of harassing behavior. Harassment can be directed against employees, trainees and students or others who have a relation with the company or institute. Harassment can be directed against men and women, irrespective of age, ethnic origin and position (professional or otherwise). Harassers often take advantage of their official position in order to damage the living and working conditions, the opportunities for training and chances of promotion or the safety of those at whom the harassment is directed.

The policy against harassment consists of the following parts:

• the development and implementation of a preventive policy;

• the appointment of Counselors;

• the establishment of a complaints procedure, including the appointment of a Complaints Committee.

The regulations formulated should apply to all

employees - all those working at the Institute or Company, including those from employment agencies, trainees, free-lancers, guest workers, lecturers and researchers - and all students and visitors of the Institute or company.

The Executive Board will notify all employees and all students and visitors of the Institute or Company that harassment will not be tolerated and may lead to disciplinary measures against those found guilty of such behavior. All employees and all students will be informed, via the available channels of communication, about the policy for the prevention and combating of harassment in the Institute or Company. The Institute or Company will inform people about the preventive policy at the commencement of their employment or course of study, and will remind them of this policy if and when necessary.

Harassment will be given explicit attention in the introductory program for newly arrived students or employees. Moreover, the names of the Counselors and the members of the Complaints Committee as well as information about their accessibility will be widely communicated.

Those involved in the policy for the prevention and combating of harassment (Works Councils, Counselors, members of the Complaints Committee) will be given the opportunity to receive relevant training. Empathy.nLaw will be happy to serve the Company or Institute in training of the Counselors and members of the Complaints Committee, implementation and/or supplying of a (chair) of your Complaints Committee.

Empathy.nLaw has specialized mediators for emancipation agreements, labor conflicts and harassment incidents. Our experts knows all ins and outs of models, resolutions and contracts according to Dutch Law. Check the Empathy Intake Form
We do! care. Please feel free and welcome to contact us.
Both in English, Dutch, German or by an Court-certified interpreter.