Workplace Violence & Harassment

Workplace Violence & Harassment: Corporate Compliance & Risk Management Guide

(Updated for Law 4808/2021, Law 5239/2025 & ISO 45003:2021)
Workplace bullying (Mobbing) is no longer just an internal HR headache or a simple interpersonal conflict; it is a severe legal, financial, and reputational risk. A toxic work environment undermines productivity, increases staff turnover, and exposes your company to heavy administrative fines and lawsuits.

At MRK Consulting, we know that protecting your business requires proactive compliance, specialized leadership training, and a legally bulletproof strategy. We act as your external Confidential Counselor, helping you build a safe, inclusive, and fully compliant corporate culture.
The Upgraded Legal Framework: Your Corporate Obligations
Greek labor law has evolved rapidly, combining strict national laws, international standards, and digital oversight tools.

Law 4808/2021: The “Reversal of the Burden of Proof”
This is the foundational shift in employer liability. If an employee presents evidence suggesting that harassment occurred, the company is legally obligated to prove that NO violation took place. Your business is presumed liable unless you can provide documented proof of your compliance and swift internal investigations.

Law 5239/2025 & ILO Conventions: Unification & Strict Compliance
The new Law 5239/2025 introduces a zero-tolerance, highly digitized approach. It is now absolutely mandatory for businesses to align with two pivotal International Labour Organization (ILO) conventions:
ILO Convention 190 (C190): For the total elimination of violence and harassment in the world of work.
ILO Convention 155 (C155): On occupational safety and health, which now explicitly covers psychosocial risks.
To achieve this compliance, companies must unify their policies (violence prevention and whistleblowing management) and ensure that every employment term is digitally registered (via the ERGANI II system) to prevent unilateral detrimental modifications that constitute “passive mobbing.”



Global Best Practices: ISO 45003:2021
While legislation dictates what you must prevent, ISO 45003:2021 provides the global gold standard on how to do it. As the first international standard for managing psychological health and safety, it helps identify and eliminate psychosocial hazards (e.g., toxic leadership, excessive workloads) before they escalate into formal complaints.

Corporate Risk Management FAQ

What is the difference between Violence/Harassment and a Labor Dispute? This is the most critical distinction HR must make. A Labor Dispute involves legitimate disagreements over working conditions: a dispute over a performance review, a schedule change, salary disagreements, or strict managerial feedback. This is resolved through standard HR and management processes. In contrast, Violence and Harassment (Mobbing) is systematic, abusive, and toxic behavior that offends dignity, threatens the employee’s health, and creates a hostile environment (e.g., insults, gaslighting, marginalization). If HR downplays a harassment complaint as a “simple disagreement,” the company directly violates Law 4808/2021 and exposes itself to heavy fines.
What is the penalty for non-compliance with the new legal framework? Failure to implement unified preventive policies or properly investigate a complaint can result in severe administrative fines from the Labor Inspectorate (SEPE) reaching tens of thousands of euros, alongside court-ordered compensation for moral damages.
Is the company liable if a manager harasses a subordinate? Yes. Under the law, the employer holds a fundamental duty of care to ensure a safe environment. If management fails to train its executives and prevent toxic leadership, the company holds direct legal liability.
What should we do if an employee makes a false accusation? A structured, documented investigation is your only defense. By utilizing MRK Consulting as an external investigator, we impartially evaluate the evidence. If an accusation is proven malicious after a rigorous process, the company is legally protected to take disciplinary action against the accuser.
Why should we outsource the role of the Confidential Counselor? The internal HR department often faces—or is perceived to face—a conflict of interest when called to investigate senior executives. Outsourcing to MRK Consulting guarantees absolute confidentiality, legal neutrality, and protects the Board of Directors from claims of bias.

Free Corporate Guide: HR Compliance Checklist

✅ Section 1: Legal Compliance & Policies
[ ] Do we have a unified “Anti-Violence, Harassment & Internal Complaints Management Policy” (Law 5239/2025)?
[ ] Has it been digitally accepted via ERGANI II by all staff?
[ ] Do we have an officially appointed “Reference Person” / Confidential Counselor?
✅ Section 2: Appraisals & Training
[ ] Can our internal investigators flawlessly distinguish between a labor dispute and a harassment incident?
[ ] Have we adjusted our performance review systems to be objective and non-discriminatory?
✅ Section 3: Internal Investigations & Psychosocial Risks (ISO 45003)
[ ] Do we proactively assess psychosocial risks (toxic climate, extreme workloads)?
[ ] Are we prepared to outsource investigations to an impartial third party (MRK Consulting) to avoid conflicts of interest?