Code of Good Conduct for Preventing and Combating Harassment in theWorkplace

PREAMBLE

TFPBOX Unipessoal, Lda, with registered office at Rua dos Arneiros nº33 Pataias-Gare, taxpayer no. 507 383 990, in order to comply with the employer's duties, namely those set out in article 127, no. 1, paragraph K) of the Labor Code, as amended by Law no. 73/2017 of August 16, and rectified by Declaration of Rectification 28/2017 of October 2, has adopted this Code of Good Conduct for Preventing and Combating Harassment in the Workplace, applicable to all its employees:


SCOPE AND GENERAL PRINCIPLES

CLAUSE 1

(Purpose) 

This document establishes the guidelines for the professional conduct of employees, suppliers and service providers, as well as the disciplinary procedure applicable to non-compliance, in matters relating to preventing and combating harassment at work, with a view to creating and maintaining a working environment in which everyone is treated with dignity, decency and respect. 


CLAUSE 2ª 

(General Principles) 

1. In carrying out their activities, duties and powers, the persons identified in the previous clause must act with a view to pursuing the interests of TFP Box, Unipessoal, Lda. in compliance with the principles of non-discrimination and combating harassment at work.  
2. The people identified in the previous clause must refrain from discriminatory behavior towards other employees or third parties, whether or not they are recipients of TFP Box, Unipessoal, Lda.'s services and activities, namely on the basis of race, gender, age, physical disability, sexual orientation, opinions, political ideology and religion. 


CLAUSE 3ª 

(Harassment) 


1. Harassment at work in any form, whether by an employee, their representative, hierarchical superior or employer, is prohibited.  
2. Any form of harassment of the persons mentioned in the previous paragraph outside the workplace for reasons related to the workplace is prohibited.  
3. Harassment is defined as: 

a) "Harassment" means unwanted behavior, particularly based on discrimination, practiced when accessing a job, or in the job itself, work or vocational training, with the aim or effect of disturbing or embarrassing the person, affecting their dignity, or creating an intimidating, hostile, degrading, humiliating or destabilizing environment.

b) "Sexual harassment" means unwanted behavior of a sexual nature, in verbal, non-verbal and/or physical form, with the aim and/or effect mentioned in the previous paragraph. 

c) "Discriminatory harassment" means unwanted and hostile behavior based on a discriminatory factor other than sex, such as sexual orientation or race (discriminatory harassment).

d) "Non-discriminatory bullying" means bullying in which the unwanted behavior is not based on a discriminatory factor, but which, due to its connotation and insidiousness, has the same effects and aims to drive the worker out of the company (mobbing). 

4. Harassment is characterized by intentionality and repetition.  


CLAUSE 4ª 

(Unlawful behavior)1. The following behaviors that could be considered harassment at work are designated and expressly prohibited:  


  • Systematically devaluing and disqualifying the work that is carried out;  
  • Promoting social isolation;  
  • Directly or indirectly ridiculing a physical or psychological characteristic;  
  • Making repeated threats of dismissal;  Not assigning any professional duties, which constitutes a violation of the right to effective occupation of the job;  
  • Systematically setting targets and work objectives that are impossible to achieve or deadlines that are unachievable;  
  • Systematically assigning duties that are foreign or inappropriate to the professional category;  
  • Systematically appropriating ideas, proposals, projects and work without identifying the author;  Systematically spreading rumors and malicious comments or repeatedly criticizing workers;  
  • Systematically giving urgent work instructions without necessity;  
  • Transferring workers from one sector or workplace to another with the clear intention of isolating them;  
  • Constantly shouting in order to intimidate people;  
  • Systematically creating objective situations of "stress", in order to cause the worker's conduct to get out of control, such as: systematic changes or transfers of workplaces. 


DISCIPLINARY OFFENSES, SANCTIONS AND SPECIAL PROVISIONS


CLAUSE 5ª 

(Procedures) 


1. It is the obligation of all persons to whom this Code applies to report any irregular practices of which they become aware, providing due cooperation in any disciplinary proceedings or criminal investigations by the respective competent authorities.   
2. Anyone who witnesses harassment in the workplace should report it to their supervisor or employer;  
3. All reports will be dealt with confidentially, impartially, efficiently, swiftly and with the principle of innocence safeguarded; 
4. Those subject to disciplinary action for harassment have the right to an adversarial hearing.  
5. Reporting or witnessing situations of harassment at work does not constitute the whistleblower or witness liable for disciplinary, judicial or administrative offenses, unless the witness or whistleblower acts intentionally;  
6. The holder of disciplinary power in the company has a duty to take disciplinary action against the person or persons accused of harassment, under penalty of incurring an administrative offense.  


CLAUSE 6ª 

(Whistleblower and Witness Protection Scheme)


1. A specific system of protection will be guaranteed for whistleblowers and witnesses in procedures related to harassment situations, guaranteeing confidentiality, impartiality, efficiency and speed of the process.  
2. Employees who report violations of this Code, of which they become aware in the course of their duties or because of them, may not be harmed in any way, and are guaranteed anonymity until charges are brought.  


CLAUSE 7ª 

(Formal Procedure) 


In the event of an allegation of harassment, a disciplinary procedure will be opened which, without prejudice to the rules contained in the Labor Code, will comply with the following:  
1. The employee must submit and formalize their complaint in writing, in as much detail as possible, consisting of a precise description of the facts constituting the employee of violence or harassment in the workplace, the time and location of each event, the identity of the victim and a request to the employer to take the appropriate measures to put an end to the behaviour, either by e-mail or through personal contact, and TFP Box Unipessoal, Lda. is responsible for receiving all complaints of harassment at work.  
2. TFP Box Unipessoal, Lda. investigates the complaints it receives, having at its disposal the necessary means, access to information and documentation that may be related to the case, and all human resources are obliged to cooperate;  
3. The internal procedure must be restricted to the knowledge of those involved.  
4. TFP Box Unipessoal, Lda. draws up a report with conclusions, which includes the facts and their legal framework, indicating, if possible, aggravating or mitigating circumstances, and proposing the final decision to whoever has disciplinary power;  
5. TFP Box Unipessoal, Lda. with the agreement of whoever has disciplinary power, must recommend the adoption of preventive measures.
6. The internal procedure must be appropriate in view of the seriousness of the acts to which the employee has been subjected.


CLAUSE 8ª 

(Consequences and penalties) 


1. The practice of harassment is expressly forbidden, under the terms and for the purposes of the provisions of this Code and Article 29(1) of the Labor Code.  
 2. The practice of harassment entitles the victim to compensation for pecuniary and non-pecuniary damage, under the terms and for the purposes of articles 483 of the Civil Code.  
3. The practice of harassment constitutes a very serious offense, under the terms and for the purposes of the provisions of article 29, paragraph 5, of the Labor Code, without prejudice to the possible criminal liability provided for under the terms of the law.  
4. A dismissal or other sanction applied to punish an infringement is presumed to be abusive if it takes place up to one year after the harassment was reported.  
5. A worker who is the victim of harassment may terminate the contract with just cause and be entitled to compensation.  
6. The employer is liable for damages arising from harassment.  
7. Liability for the payment of damages arising from an occupational disease resulting from harassment lies with social security, which is subrogated to the employee's rights referred to in the previous paragraphs.  
8. It is the obligation of all persons to whom this Code applies to report any irregular practices of which they become aware, and to cooperate in any disciplinary proceedings or criminal investigations by the relevant authorities. 


CLAUSE 9ª 

(Communication of Complaints in the Workplace and General Information) 


Situations which, under the terms of the Law, may constitute harassment, may be the subject of a complaint to the Authority for Working Conditions, CITE and the competent entity for receiving the complaint, depending on the nature of the behavior in question. 


CLAUSE 10ª 

(Disclosure) 


1. Disclosure of this Code of Good Conduct for Preventing and Combating Harassment at Work to its employees, clients, suppliers and other service providers by posting this code in visible places.  
2. Employees will be given a briefing session to enable them to identify situations covered by this code. 


FINAL PROVISIONS


CLAUSE 11ª 

(Entry into force) 


This Code of Conduct shall enter into force immediately and shall be available for consultation on paper in the place where information is to be publicized to all employees of TFP Box, Unipessoal, Lda. Pataias-Gare , January 02, 2018 The Company TFPBOX Unipessoal, Lda