Co-funded by the European Union

Denmark: a tripartite agreement on sexual harassment in the workplace

  • The Danish Government and social partners have entered into a tripartite agreement on how to combat sexual harassment in the workplace.
  • It aims to encourage and support a cultural change on this relevant matter.

The parties identified 17 initiatives, offering the individual organisations tools and strategies to prevent and handle workplace sexual harassment and highlighting responsibilities and duties of both employers and employees.

The initiatives that can be implemented without changes to the law entered into force on 4 March 2022 with the conclusion of the tripartite agreement, while other initiatives require statutory amendments according to the Danish Parliament's legislative procedure.

The initiatives are focused on five main topics:

  • A new regulatory framework to be applied in matters involving sexual harassment and increased compensation in case of serious harassment: these initiatives - that require amendments to the Equal Treatment Act and the Work Environment Act - provide for an increase in the level of compensation for sexual harassment and the possibility to raise compensation claims also by the offender, as well as the introduction of a clear definition of the employer's duty to provide a harassment-free environment and the employee's duty to draw attention to sexual harassment.
  • Protection against harassment in the workplace: the initiatives include policies to address and prevent sexual harassment focusing on sexual harassment in work related to health and safety risk assessments (so-called HSAs). The social partners have also developed a code on the use of confidentiality clauses.
  • Awareness and knowledge about sexual harassment: among other proposals, the Danish Working Environment Authority will have to make a statement on the number of decisions, guidelines, etc. on sexual harassment each year.
  • Trainees and apprentices: the agreementalso strengthen trainees and apprentices' position in sexual harassment claims, providing the possibility to terminate the training agreement in the event of sexual harassment. This will require an amendment of the Vocational Education Act.
  • Future-proof strategy to prevent sexual harassment: the agreement proposes an alliance between the labour market, the education sector and civil society, aiming to prevent sexual harassment.

In Denmark, sexual harassment is considered a form of gender-based discrimination.

Section 1(6) of the Equal Treatment Act and Section 2a (3) of the Gender Equality Act state that “Sexual harassment exists when any unwanted verbal, non-verbal or physical behaviour with sexual undertones is exhibited for the purpose or effect of violating a person's dignity, in particular by creating a threatening, hostile, degrading, humiliating or unpleasant climate.”

According to Denmark’s equal treatment legislation, employers are required to stop all sexual harassment they are or should reasonably be aware of.  If they fail to act, they can be fined for noncompliance with the equal treatment legislation.

The tripartite agreement marks an important step forward in terms of protection, prevention and above all a change of culture involving all social partners with regard to this phenomenon.