Legal regulation of combating harassment in the field of work: national and foreign experience

The article points out that there is a common belief that harassment is sexual harassment, although in reality the term has a much broader meaning. Harassment is a problem of a global nature, which manifests itself in various spheres of social interaction and takes place in the life of every country. It is emphasized that the national legislation of many countries makes it possible to effectively combat harassment at the workplace and prevent this shameful phenomenon. The definition of the concept of harassment and measures to combat it are established in the relevant general anti-discrimination laws, in labor legislation and subordinate legal acts, which contributes to the effective implementation of national state policies on the prevention and counteraction of discrimination in the field of work. Attention is drawn to the fact that currently the term «harassment» is not used in Ukrainian legislation. However, the closest semantic equivalent of this term is the concept of «sexual harassment», the definition of which is contained in the Law of Ukraine «On Ensuring Equal Rights and Opportunities of Women and Men». The legal regulation of anti-harassment, in particular in labor relations, in Ukraine is based on normative legal acts that belong to different branches of law. It is emphasized that the Code of Labor Laws of Ukraine does not contain direct regulations on the prohibition of sexual harassment (harassment) at the workplace. This Code does not contain special norms that would determine the procedural issues of establishing the fact of sexual harassment, its fixation, proof, investigation and specifics of disciplinary responsibility for committing harassment. Despite the absence of the regulatory concept of «harassment» in Ukrainian legislation, in Ukraine, victims of sexual harassment at the workplace are provided with legal tools to protect their rights and interests. These tools range from filing sexual harassment complaints with authorized entities to criminal prosecution of the perpetrators. The legislation of Ukraine on combating sexual harassment at work is part of the anti-discrimination legislation, which is currently dynamically developing and adapting to modern needs.