1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

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Portugal
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As an attempt to comply with the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), opened for signature on 11 May 2011, legislative amendments were made in 2015 in Portugal, covering the crimes of rape, sexual coercion, and sexual offence.

Although Portuguese legislation does not explicitly define a crime of 'sexual harassment', it can be considered included under the definition of a sexual offence.

Regarding the prevention of harassment at work, sexual or moral harassment is covered under the Portuguese Labour Code, strengthened by the changes introduced by Law no. 73/2017 of 16th August. The Code prohibits harassment and imposes an obligation on employers to adopt measures to prevent harassment.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

Any employer, regardless of size, turnover, or sector, must take action to prevent harassment in the workplace. Furthermore, it is the employer’s responsibility to adopt codes of good conduct for the prevention of harassment at work when the company has 7 or more employees.

Employers must also initiate disciplinary proceedings whenever they become aware of alleged situations of harassment at work.

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?

No, there has not been a noticeable impact on the number of harassment cases against our clients due to the #MeToo movement.

However, we have seen an increase in moral harassment complaints since the 2017 amendments to the Portuguese Labour Code. On the other hand, we have observed increasing awareness among employers about the need to prevent harassment and provide training to employees on these matters.

In cases of sexual harassment perpetrated by the employer or their representative, the employee has the right to terminate the employment relationship immediately without notice (resignation for just cause), provided that the legal procedure is followed.

An employer receiving a complaint of harassment must carry out a prompt and thorough investigation. If the allegation is substantiated, the employer must take appropriate disciplinary action, which may include dismissal for just cause.

The complainant and witnesses they name cannot be subject to disciplinary sanctions unless they acted intentionally, based on the facts of the case file of judicial or administrative proceedings triggered by harassment.

Additionally, disciplinary action or dismissal of the complainant within one year of the harassment report is presumed to be abusive. 

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Green to amber.

6. Any other relevant information on workplace harassment?

The burden of proof is allocated in favour of the employee, meaning the employee must only show the credibility of the harassment allegations. It is up to the employer to prove that no harassment occurred.

The employer is also liable for damages resulting from professional illnesses caused by harassment.

Being a victim of harassment grants entitlement to compensation for pecuniary and non-pecuniary damage. It also constitutes a very serious administrative offence, with fines ranging from EUR 4,590.00 to EUR 61,200.00. Criminal responsibility may also apply.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

We are not aware of any sectors being particularly affected.