Consequences of workplace harassment
Workplace harassment is prohibited by law in Portugal and has significant legal consequences for the company and for the harasser.
At the administrative level, harassment constitutes a very serious administrative offence and may lead to heavy fines being imposed by the Working Conditions Authority (ACT). At the civil level, both the employer and the direct perpetrator of the harassment may be ordered to compensate the victim for financial and non-financial damage, including lost wages, medical treatment and psychological suffering. In some cases, a criminal offence may even be involved.
Detrimental measures taken against an employee in a context of harassment, such as changes of duties or dismissal, are considered null and void. Employees are also entitled to protection against retaliation after filing a complaint. The company may be held liable for failing to prevent or act on situations of harassment.
The harasser may be subject to disciplinary proceedings and may even be dismissed with just cause. When the conduct amounts to crimes under the Criminal Code — such as stalking, coercion, insult, defamation or sexual harassment — fines or prison sentences may be imposed. The employee who is the victim is entitled to full compensation for the damage suffered and to the protection of their dignity at work.
What constitutes workplace harassment?
- Humiliating the employee in public, ridiculing mistakes or skills.
- Assigning impossible, pointless or clearly unsuitable tasks with the aim of causing harm.
- Systematically excluding the employee from meetings, training, communications or relevant decisions.
- Spreading rumours, disparaging comments or insults about the person, their appearance, health, origin or private life.
- Repeatedly threatening dismissal, disciplinary proceedings or other unjustified penalties.
- Deliberately imposing work overload, with unrealistic deadlines and constant pressure.
- Removing all duties from the employee, leaving them isolated or without tasks, in order to demoralise them.
- Criticising constantly, unjustifiably and disproportionately, ignoring merits or positive results.
- Deliberately changing working hours or shifts to cause personal or family harm.
- Forcing the employee to accept worse conditions or changes without objective grounds.
- Engaging in sexual behaviour, innuendo, propositions or offensive gestures.
- Excessively monitoring the employee, invasively controlling every action with no functional need.
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