Starting Date Of Protection Period Against Dismissal In Case Of Complaint For Violence, Harassment Or Sexual Harassment On Work Floor

If an employee lodges a complaint for violence, harassment or sexual harassment on the work floor, (s)he is protected against dismissal during a specific period (12 months as from the complaint and until 3 months after a final judgment if the case was brought before a court). If the employment contract is terminated during this protection period, the employer must prove that the employment contract was terminated for reasons unrelated to the complaint of the employee.

A controversy arose as to when the protection period starts. Some employees try to obtain protected status as soon as they fear that their employment contract may be terminated and preemptively file a complaint for violence, harassment or sexual harassment on the work floor prior to such a termination.

In some cases, the employers had not yet been informed about the complaint and...