No place for sexual harassment at Unilever

Transcription

1 No pace for sexua harassment at Uniever

2 Sexua harassment by its nature essentiay affects women. It is a type of vioence against women and arises from power reations rather than sexua interest. This form of humiiation does not occur among equas, and in the ong term, therefore, equaity at the workpace wi eiminate this probem. For the present, however, other measures need to be adopted to prevent such practices. Equaity Memorandum for IUF Affiiates, Apri 1987 Internationa Union of Food, Agricutura, Hote, Restaurant, Catering, Tobacco, and Aied Workers Assocations (IUF) Rampe du Pont Rouge 8, CH-1213 Petit-Lancy, Switzerand Emai: iuf@iuf.org The IUF gratefuy acknowedges the assistance of Ceia Mather with the text; Masha Kurzina, IUF, who produced the artwork; and Michee Karamanof of m&m Studios, South Africa, for the design and ayout of this brochure.

3 Sexua harassment is a universa probem, both in and outside the workpace. It can damage ives, poison the workpace environment and resut in asting psychoogica and socia trauma. It can undermine the soidarity which is the basis of trade union organization and action. Sexua harassment is a punishabe offense under various forms of egisation in many countries around the word. But procedures under civi or crimina aw are often poory adapted to the workpace context and the sensitivity of the issue. Victims have been intimidated by poice officers and judges who ack training in deaing with sexua harassment cases. Research shows that most victims refrain from taking ega action, which commony eads to a humiiating, engthy and onerous process. Lega mechanisms are essentia, but unions beieve that workpace procedures deveoped through negotiation between unions and empoyers are aso necessary procedures which can focus first and foremost on prevention. That is why Uniever and the IUF and IndustriA, the internationa union federations representing the vast majority of Uniever s unionized workforce, agreed to jointy deveop and impement guideines for workpace poicies and procedures. This resuted in a Joint Commitment on preventing sexua harassment signed on January 26, 2016 (avaiabe onine at iuf.org/w/sites/defaut/fies/jointstatement-e.pdf and as an annex in this brochure). The poicies and procedures are based on internationay recognized instruments incuding ILO Convention 111 on Non-discrimination in Empoyment. The ILO considers sexua harassment to constitute a serious form of sex discrimination and distinguishes two forms of sexua harassment that shoud be prevented and prohibited: 1 Conduct of a sexua nature which is unwecome and offensive for the recipient and used as a condition for empoyment or access to benefits 2 Conduct that creates an intimidating, hostie or humiiating working environment for the recipient. 1

4 The OECD Guideines for Mutinationa Enterprises. The Guideines require companies to continuousy carry out human rights due diigence to prevent and to redress any actua or potentia adverse impacts on the human rights of workers resuting from the actions, or omissions, of their management. The Guideines define human rights with reference to, among other instruments: the ILO core Conventions the Universa Decaration of Human Rights the Internationa Covenant on Economic, Socia and Cutura Rights the Convention on the Eimination of a forms of Discrimination against Women, CEDAW. Due diigence must be appied aong the entire suppy chain, which incudes workers empoyed at Uniever through a third-party provider (agency). What shoud your union be doing? Sexua harassment is not a persona issue; nor is it a women s issue; it is abuse and shoud not be toerated, whoever does it; combating it is about the right of a workers to be free from harassment, and so it is a union issue. A for One = One for A, IUF, 2007: Unions need to take effective action to prevent sexua harassment in the workpace. This appies to a trade unionists: members, workpace representatives and eaders, women or men. Everyone in the union shoud understand the meaning and the seriousness of sexua harassment, and take action to eradicate it. This may mean changing the organizationa cuture of the union, but it needs to be done. 2

5 Preventive measures and actions may incude: Ensuring that everyone managers and workers knows that sexua harassment is not toerated by dispaying the poicy & posters on notice boards throughout the workpace Awareness raising and training from the shop foor to the board room Officiay aunching the poicy and providing reguar reminders and updates at staff meetings Distributing copies of the Joint Commitment to a workers in anguages they can read, or with easy to understand diagrams and pictures Presenting and discussing the poicy with a new workers and managers as part of the induction programme Requiring a empoyees, incuding sub-contracted workers and managers, to sign a copy of the poicy, acknowedging that they have read and understood it. Ensuring through appropriate measures that third party abour suppiers adhere to and impement the poicy. Ensuring that there is no offensive, sexuay expicit materia in the workpace incuding materia on computers and shared through socia media. The IUF cas on a persons invoved in meetings and activities to: Treat everybody with respect and dignity Ensure that your own behaviour does not cause offence or give rise to misunderstandings. IUF Poicy, [2008] 3

6 We are asking unions in Uniever workpaces to: famiiarize themseves with the Joint Commitment conduct a survey among members to determine the extent of the probem in the workpace work with oca management to review existing poicies and procedures, and improve them where necessary ensure that the poicies and procedures are propery impemented, not just rubber-stamped and then put to one side; this incudes making sure that any compaints are taken seriousy and deat with fairy, and that there is no retaiation or victimization against anyone who has compained of sexua harassment. carry out awareness-raising and training on sexua harassment among workers, on a reguar basis improve women s representation in union structures at a eves, since gender equaity is centra to combating sexua harassment. Other measures unions can and shoud be taking Have union eaders take strong positions and pubicize them widey. Train Sexua Harassment Officers who are abe and have the confidence to educate, counse, provide guidance on deaing with cases, and represent victims. Have ongoing awareness-raising and training for workers, union members and eaders. Activities can incude: women-ony training to provide a safe space where women can share sensitive information and gain confidence to speak up integrating sexua harassment prevention into shop steward training, recognizing that it is a workpace hazard. Understand/admit that union officias / members / co-workers can be perpetrators of sexua harassment, incuding at union gatherings. 4

7 What is management s responsibiity? The Joint Commitment sets out procedures for management and unions to work together to prevent and combat sexua harassment. If sexua harassment occurs in spite of the preventive measures, the Joint Commitment sets out the Principes and procedures for deaing with sexua harassment Sexua harassment is a discipinary offence. Cases of sexua harassment wi be investigated confidentiay and handed in a manner that ensures the confidentiaity of the persons invoved and within strict timescaes. In cases of sexua harassment it is the perpetrator and not the person making the compaint who wi, where necessary, be redepoyed. The Company wi train a staff and managers on the poicy and their responsibiities under it. The Company wi monitor cases of sexua harassment to identify where further action might be appropriate. IUF-IndustriALL-Uniever Joint Commitment, 2016 Uniever wi not toerate retaiation or victimization against empoyees who identify and raise issues reating to any form of sexua harassment or who odge compaints and/or participate in any proceedings reating to aeged sexua harassment either directy with management or through the individua or coective grievance procedures in pace. Uniever wi work with egitimate trade unions to ensure that the existing processes can be fuy used and that additiona channes can aso be opened where existing processes prove inadequate. IUF-IndustriALL-Uniever Joint Commitment, 2016 The agreement requires the ongoing invovement of unions and management. The Joint Commitment is ony a starting point for a continuous process to ensure a workpace free of sexua harassment. 5

8 IUF-IndustriA-Uniever Commitment on preventing sexua harassment

9 IUF-IndustriA-Uniever Joint Commitment on preventing sexua harassment 1 Uniever, the IUF and IndustriA affirm their joint commitment to promoting diversity and incusion within Uniever s non-management workforce. Preventing sexua harassment in the workpace is an essentia foundation for promoting a cuture of incusion and diversity. Our common commitment buids on efforts by Uniever, the IUF, IndustriA and their respective regiona organizations, affiiates and European members working through the UEWC. This joint statement outines the standards, principes and practices on which Uniever, the IUF and IndustriA commit to work together to ensure this goa is achieved. Statement of Intent Sexua harassment is a serious offence which is unawfu in many countries around the word. Sexua harassment is considered a form of discrimination under one of the Core Conventions of the ILO, C111 on Discrimination in Respect of Empoyment and Occupation. Sexua harassment can cause severe distress and i heath and can ead to the victim giving up her/his job. Sexua harassment is a universa probem. Women workers, particuary those in pantations, export processing zones, contingent, temporary and/or migrant workers can be particuary vunerabe. Most sexua harassment is carried out by men against women. Sexua harassment can aso take pace on the basis of sexua orientation. It can be perpetrated by coeagues, supervisors, managers or cients. Sexua harassment undermines equaity, damages working reationships and impairs productivity. It can take many forms and may incude: - Any insut or inappropriate remark, joke, insinuation and comment on a person s dress, physique, age, famiy situation, etc; - A condescending or paternaistic attitude with sexua impications undermining dignity; - Any unwecome invitation or request, impicit or expicit, whether or not accompanied by threats; - Any ascivious ook or other gesture associated with sexuaity; - And any unnecessary physica contact such as touching, caresses, pinching or assaut.

10 2 IUF-IndustriA-Uniever Joint Commitment on preventing sexua harassment Empoyees are particuary vunerabe to sexua harassment if it occurs in a situation where exposure to harassment is perceived as a condition of empoyment or a precondition for empoyment or may infuence empoyment conditions and/or career deveopment. Uniever, the IUF and IndustriA wish to ensure that a empoyees, incuding empoyees provided by third party abour suppiers, are aware of what constitutes sexua harassment and that they understand fuy what is expected of them, know how to raise a potentia issue, and fee confident to report any aeged abuses. We have jointy identified actions and best practices to be communicated to Uniever Companies and affiiated Unions, to enabe concrete action and further foow up. Principes, Procedures and Processes for stopping sexua harassment in the workpace The procedures agreed to between the IUF, IndustriA and Uniever are based on the foowing principes: Sexua harassment is a discipinary offence Cases of sexua harassment wi be investigated confidentiay and handed in a manner that ensures the confidentiaity of the persons invoved and within strict timescaes In cases of sexua harassment it is the perpetrator and not the person making the compaint who wi, where necessary, be redepoyed The Company wi train a staff and managers on the poicy and their responsibiities under it The Company wi monitor cases of sexua harassment to identify where further action might be appropriate The IUF and IndustriA have deveoped poicies based on internationa standards against sexua harassment and wi work with their affiiates to promote and impement them through awareness-raising and training programs and coective bargaining. Uniever wi not toerate retaiation or victimization against empoyees who identify and raise issues reating to any form of sexua harassment or who odge compaints and/or participate in any proceedings reating to aeged sexua harassment either directy with management or through the individua or coective grievance procedures

11 IUF-IndustriA-Uniever Joint Commitment on preventing sexua harassment 3 in pace. Uniever wi work with egitimate trade unions to ensure that the existing processes can be fuy used and that additiona channes can aso be opened where existing processes prove inadequate. Trade Union representatives pay a key roe: With management, on advising their members of what constitutes Sexua Harassment in the workpace Working on awareness-raising and training Assisting empoyees/members to raise compaints and issues either through the Uniever Code process or via the estabished individua or coective grievance procedures and/or nationa egisation. Next steps Uniever, the IUF and IndustriA beieve that concrete actions are required to prevent sexua harassment in the workpace. Uniever sees these steps as fundamenta to ensuring it s diversity and incusion goas. Uniever wecomes the invovement of the IUF and IndustriA in identifying areas of higher risk, identifying best practice, raising awareness and monitoring progress. To ensure effective action to prevent sexua harassment in the workpace based on the above principes, oca management and trade unions sha: Where a document with comparabe standards and procedures does not aready exist, agree and document a cear and precise oca poicy on sexua harassment, compaints procedures and mechanisms for dispute resoution/ grievance handing based on internationa standards and nationa ega and coective bargaining aw and practice. The procedure sha ensure that: A) sexua harassment cases are handed by persons of confidence with specific training in this area B) a compaints concerning sexua harassment are to be investigated securey, expeditiousy and confidentiay C) investigation of compaints is to be carried out by independent persons/structures as defined by the Code of Business principes procedure and/ or other mutuay agreed arrangements D) compainants in a cases must be informed of their ega rights

12 4 IUF-IndustriA-Uniever Joint Commitment on preventing sexua harassment E) the outcome of the compaint investigation is formay recorded and communicated to and reviewed by the compainant F) sanctions on those found to have engaged in sexua harassment are ceary stipuated G) fu protection and support is given to the victims of sexua harassment throughout the process and its outcome. Take adequate measures to ensure that oca management and trade union members and representatives are fuy aware of the reevant internationa standards with regard to sexua harassment and the procedures outined in Uniever s Code of Business principes. Where there are areas of higher risk, e.g. pantations, where high eves of temporary abour have been empoyed and where there are high numbers of femaes supervised by a majority of maes, specific awareness and training measures shoud be agreed and depoyed by management and the trade union. The Uniever- IUF IndustriALL Joint Working Party wi assist with this process where required and wi monitor and share experiences and best practice Agree on reguar review procedures to monitor progress Loca union/management discussions on impementing the above procedures sha commence foowing the signing of this joint commitment, with competion in The Joint Working Party may aso identify areas where they fee risks are higher and propose and foow up on such actions as appropriate. London, Geneva, Pau Poman Chief Executive Officer Ron Oswad Genera Secretary IUF Jyrki Raina Genera Secretary IndustriA Goba Union

13 Trade union resources Unite the Union, United Kingdom: Zero Toerance Guide incuding poicies, procedures, reporting forms Guide%20June% pdf UNIFOR, Canada: Harassment resoving & investigation guide (in Engish and French) engish _harassment_investigation_guide.pdf UFCW, US and Canada: Sexua Harassment Reference and Rights Guide sexuaharassment/harassment_brosh_2014_en_emai.pdf ILO documents Convention 111 on Discrimination in respect of Empoyment and Occupation ILO_CODE:C111 Recommendation 111 on Discrimination in respect of Empoyment and Occupation :P12100_INSTRUMENT_ID:312449:NO Country manuas and other pubications on sexua harassment EN&consumercode=ILOHQ_STELLENT_PUBLIC&searchWhat=sexua+harassm ent+-+training+materia&searchlanguage=en Other internationa instruments CEDAW - Convention on the Eimination of A Forms of Discrimination against Women The Yogyakarta Principes The appication of Internationa Human Rights Law in reation to Sexua Orientation and Gender Identity OECD Guideines for Mutinationa Enterprises (MNE) Trade union guide can be downoaded from: