Regulations on sexual harassment in the workplace in Ukraine

The Code of Labour Laws of Ukraine dated 10 December 1971 contains general provisions prohibiting discrimination in the workplace, including discrimination based on gender.

The term sexual harassment is defined by Ukrainian legislation as any act of a sexual nature, expressed verbally (i.e., threats, intimidation, obscene remarks) or physically (i.e., touching, patting), humiliating or offending individuals who are in a relationship of labour, administrative, financial or other subordination. This term was introduced into Ukrainian legislation in 2005 by the Law of Ukraine “On ensuring equal rights and opportunities for women and men” (No. 2866-IV dated 08 September 2005). In 2017, the law was amended by the term “gender-based violence” and other terms to ensure equal protection of rights for women and men.

Employers may also include provisions addressing sexual harassment at work into collective bargaining agreements or codes of ethics, including disciplinary consequences for acts of harassment (up to the dismissal of offenders). However, this is not a widespread practice in Ukraine.

According to the Law of Ukraine “On ensuring equal rights and opportunities for women and men”, employers are obliged to take measures in order to prevent and protect against sexual harassment and other forms of gender-based violence.

However, there are no direct requirements or procedures for prevention and protection, and there are no direct consequences for employers for failing to ensure all of that.

No. The #MeToo movement has not had a noticeable impact on the number of harassment complaints made against employers in Ukraine and the position has not changed much since the end of 2017.

In case of gender-based violence or sexual harassment, the injured person has the right to file a complaint with the state/ local authorities, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights (Ombudsman at the Ukrainian Parliament), the court and / or with the police.

The employee can also claim in court "moral damages" suffered due to their employer’s unlawful actions. In order to claim such moral damages, however, an employee will need to prove moral suffering (e.g., by submitting a medical certificate issued based on a medical examination of the employee and reflecting the employee’s stress or other emotional disorders) and to substantiate the causal link between the damage caused to the employee and the employer's actions, which is not straightforward. The amount of the moral damages should be substantiated by the employee, but the final determination is made by court. In practice, courts usually award rather insignificant amounts of moral damages.

Depending on the nature and consequences of the harassment, the victim can also report a crime to the police. In particular, Article 154 of the Criminal Code of Ukraine provides criminal liability where individuals are forced to enter into sexual intercourse, including forcing individuals who are in a relationship of administrative or financial subordination. The moral compulsion by the offender can be treated as a criminal offence under the mentioned Article 154 of the Criminal Code of Ukraine.

This crime is punished with the fine of up to 17,000 UAH (approx. EUR 375) or with probationary supervision for up to 2 years, or restraint of liberty for the same term. If this crime is supported by the aggravating circumstances, e.g.,  threats of destruction, damage or seizure of the victim’s property, disclosure of information that disgraces the victim or the victim’s relatives, it is punished with restraint of liberty for up to 3 years or the imprisonment for the same term.

Furthermore, Article 153 of the Criminal Code of Ukraine stipulates that committing any sexual violence (not connected with the rape) without the voluntary consent of the victim is punished by imprisonment for up to 5 years.

Ukrainian laws also provide for administrative liability for committing gender-based violence, in particular fines up to UAH 680 (EUR 15) or community service for up to 60 hours, or administrative arrest for up to 15 days (Art. 173-2 of the Code of Ukraine on Administrative Offences). However, in practice, administrative liability is rarely imposed in case of sexual harassment in the workplace.

Tackling sexual harassment is not a top priority for employers in Ukraine.

Generally, employers are not taking active steps for prevention of sexual harassment. There is no official information about the number of such cases. The employees are often reluctant to submit any claims, and some cases remain either unreported or in a latent state.

However, due to employees’ increased awareness about their rights, tackling sexual harassment is becoming a higher priority.

It is difficult for an employee to prove the facts in a harassment case, unless there was a witness to the actions or some direct evidence (dictaphone recordings, photos, videos from the scene, screenshots of correspondence with the offender etc.) or the offender admits their misconduct.

Moreover, in Ukraine there were cases when the alleged offenders filed defamation claims and claims for compensation of moral damages against the victims of harassment, and such offenders’ claims were satisfied, including, due to insufficient evidence of harassment.

No.