Call for comment: Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work

On 20 August 2020, the Minister of Employment and Labour published the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Draft Code) for public comment. The Draft Code is intended to address the prevention, elimination and management of violence and harassment that pervade the world of work, and provides for:

• Treatment, care and support
• Programmes, training and awareness
• Procedures in managing violence and harassment
• Monitoring and evaluation

The objectives of the Draft Code are to:

• Provide a framework and clarity on the interpretation and implementation of the Employment Equity Act 55 of 1998, as amended, pertaining to the prevention and elimination of violence and harassment including gender-based violence and harassment
• Provide guidelines to employers, workers, employer organisations and unions on the prevention and elimination of violence and harassment, including gender-based violence and harassment as a form of unfair discrimination.
• Guide human resource policies and practices related to violence and harassment, including gender-based violence and harassment that are based on equity, dignity, health and safety and non-discrimination.

The Draft Code provides seven key principles to guide the conventionalisation and implementation strategies to prevent and eliminate violence and harassment in the world of work:

• Duty to remove all form of unfair discrimination. Employers must ensure that workplaces are free of violence and harassment.
• Safe working environment. Employers are responsible for providing information, instructions and training as may be necessary to ensure that the workplace is safe and are responsible for creating and maintaining a working environment in which the dignity of all employees is respected and protected.
• Workplace culture. Workplace culture should be created and maintained wherein complainants and /or other persons affected by violence and harassment, including gender-based violence may bring a complaint without fear of reprisal, with the assurance that their complaints are not trivialised or ignored.
• Proactive responses. All Employers, employees, employer organisations and trade unions are required to proactively refrain from committing acts of violence and harassment, including gender-based violence and harassment.
• Violence and harassment are unacceptable. All employers, employees, employer organisations and trade unions have a role to play in contributing towards creating and maintaining a working environment in which violence and harassment including gender-based violence and harassment are regarded as unacceptable.
• Third-party protection. Employers, employees, employer organisations and worker unions should attempt to ensure that persons such as clients, suppliers, job applicants and others who have dealings with the employer are not subjected to violence and harassment including gender-based violence by the employer or its employees, nor perpetrate violence and harassment against employees of the employer.
• Appropriate action. Employers, employees, employer organisations and trade unions should take appropriate action in accordance with the Code where instances of violence and harassment including gender-based violence harassment occur in the world of work.

The Draft guidelines highlight the main forms of violence in the world of work, referencing both emergent threats, such as cyberbullying and online violence, as well as traditional forms of violence and harassment in the workplace such as sexual and gender-based violence and harassment, racial and ethnic violence and harassment, bullying, discrimination, mobbing and intimidation.

The Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work can be accessed here.

Written comments on the Draft Code are due on 20 October 2020 and can be submitted as follows:

By post:

Department of Employment and Labour

Employment Equity Directorate

Attention: Innocent Makwarela

Private Bag X117

Pretoria

0001

By e-mail: [email protected] and [email protected]

Any inquiries in relation to the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work for public comment should be directed to Mr Innocent Makwarela at 012 309 4056 or Niresh Singh at 012 309 4034.

Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].