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Harassment included as a Cultural Value of the Company – Integrity Program

May 10, 2021

By: Leonardo Neri

May 2nd marks the National Day to Combat Moral Harassment, a campaign launched by the TST in partnership with the Superior Council of Labor Justice – CSJT aimed at combating moral harassment in the workplace, to emphasize that there is still no preventive control in companies on the subject and actions seeking compensation for moral damages resulting from moral harassment are still one of the most filed in the country.

Just like moral harassment, sexual harassment is also very common in the workplace. The fight against these acts gained momentum with the #metoo movement, which was quickly spread across social media. Even so, the subject is still controversial in companies, which often have difficulty dealing with and treating the problem, resulting in lawsuits that tarnish their image and reputation, both with customers and partners.

Furthermore, the protection of the work environment is provided for in the Constitution, which covers the rights of urban and rural workers and, even if the company does not agree with these attitudes, it will be legally liable, as the employer has the obligation to ensure the health and well-being of its employees.

One way to combat these abuses within the company and contain labor lawsuits is to adopt Compliance, a means by which there will be a transmission and implementation of clear internal rules and ethical actions of the company, bringing policies and training to guide its employees and procedures that can previously interrupt any activity in this sense.

The company will need to develop or update its internal regulations and structure an internal and independent department to monitor and enforce these policies, which will provide security to employees, who often suffer in silence for fear of retaliation. It will need to use rules and attitudes to raise employee awareness, including lectures, training and courses in general, as well as train members of the medical service, human resources and management positions and, most importantly, provide for internal punishments for such conduct.

With an effective and incorporated Integrity Program, it must provide means for employees to ask questions and report any acts that go against the employer's internal rules. To this end, an anonymous and autonomous reporting channel is essential, as this is the first step in ensuring the protection of the harassed person and the company, not only against moral or sexual harassment, but also against other irregular activities that may occur.

Therefore, it is clear that Compliance is essential for the company, as it prevents irregular practices and requires everyone to comply with internal regulations. It must be effective and must be an essential element of the company's culture, as preventing and confronting harassment are ongoing tasks, and it is essential to insert this value into the company's culture, with the process starting, fundamentally, with Senior Management.

If you have any questions about the matters covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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