GREECE Law and Practice Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Panagiota Kelali, POTAMITISVEKRIS
disproportionality between the disciplinary sanction and the disciplinary offence renders the imposi - tion of the sanction abusive (Article 281 of the Civil Code) and therefore unlawful. • The retroactive application of a disciplinary provi - sion is prohibited. • The principle of “non bis in idem” applies, accord - ing to which only one disciplinary sanction may be imposed for the same disciplinary offence. • The imposition of a sanction without respecting the respondent’s right to be heard is unlawful. A person subject to disciplinary proceedings must be invited to submit an oral or written defence before the sanction is imposed. • The disciplinary procedure must be initiated within a reasonable period of time from the commission of the disciplinary offence. The employment regula - tions may also provide for a limitation period for disciplinary offences. According to Article 62 of the GLC, undertakings employing more than 20 persons are required to adopt a policy for the prevention and combating of incidents of violence and harassment at work, as well as for the management of internal reports on the same. The policy shall expressly declare zero tolerance for such forms of conduct, set out the rights and obligations of employees and the employer in relation to the pre - vention and handling of such incidents or behaviours, and describe the procedure for the submission and examination of related complaints in a manner that ensures the protection of the victim and respect for human dignity. Τhis policy may be incorporated into, or accompanied by, a policy for the promotion of equal opportunities and the elimination of discrimina - tion, and shall include, at a minimum, the following: • an assessment of the risks of violence and harass - ment in the workplace; • measures for the prevention, control, mitigation, and management of such risks, as well as for the monitoring of such incidents or behaviours; • awareness-raising and information actions for staff; • information on the rights and obligations of employees, the employer, and persons exercising managerial authority or representing the employer, to the extent and within the scope of their respon -
sibilities, in the event that such incidents occur or are reported, as well as on the relevant procedure; • the designation of a person within the undertaking to act as a point of reference (“liaison”), respon - sible for guiding and informing employees on the prevention and handling of violence and harass - ment at work; • the protection of employment and the support of employees who are victims of domestic violence, insofar as possible, by any appropriate means or reasonable accommodation; • safe and easily accessible communication chan - nels for the submission of complaints, together with the identification of the persons within the undertaking who are responsible for receiving and examining such complaints and for informing com - plainants; • the investigation and examination of complaints with impartiality and with due protection of con - fidentiality and personal data concerning both victims and respondents; • the prohibition of retaliation and further victimisa - tion of the affected person; • a description of the consequences in the event that violations are established; and • co-operation with, and provision of all relevant information to, the competent authorities, where requested. 5.2 Internal Regulations The policy referred to in 5.1 Requirements must form an integral part of the employer’s internal regula - tion (which is mandatory for companies employing more than 70 employees and optional for companies employing less than 70 employees). In all cases, non- compliance with the provisions of the internal regula - tion by the employer may give rise to employer liability, and non-compliance with the provisions of the internal regulation by the employee may lead to the imposition of disciplinary sanctions. 5.3 Burden and Degree of Proof According to Greek law, the person who raises a claim must be able to fully prove the factual circum - stances necessary to support it. By contrast, where an employee invokes incidents that may reasonably be construed as constituting violence or harassment, the employer bears the burden of proof to demonstrate
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