AND DISCRIMINATION POLICY IN THE INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE
- At Centrum Badań i Rozwoju i Rozwoju Technologii dla Przemysłu S.A.(hereinafter referred to as: “CBRTP”) bullying and discrimination are considered highly reprehensible phenomena and are not tolerated in any way.
- Every employee should oppose bullying and discrimination and support measures aimed at building and strengthening positive interpersonal relations between employees.
- Those in managerial positions have a particular duty to counter bullying and discrimination.
- This Policy aims to regulate the rules on how to behave in case of a suspicion of bullying or discrimination in the workplace.
- This Policy is also aimed at fulfilling CBRTP’s obligation to prevent bullying and discrimination in the workplace, in particular by taking measures to prevent unwanted behaviour that could be considered bullying or discrimination.
- The Policy further aims to ensure equal participation, regardless of gender, of employees in the process of improving their professional qualifications and in access to promotion.
- The CBRTP promotes amicable methods of conflict resolution.
Definitions used in this policy refer to::
1) Employer – the Industrial Research and Development Centre;
2) Employee – a person employed under a contract of employment, regardless of the type of contract;;
3) Bullying – in accordance with Article 943 § 2 of the Act of 26 June 1974. – the Labour Code (i.e. Journal of Laws of 2020, item 1320, as last amended) means actions or behaviours concerning an employee or directed against an employee, consisting in persistent and prolonged bullying or intimidation of an employee, causing an employee’s appraisal of their professional usefulness to be lowered, causing or intended to cause humiliation or ridicule of an employee, isolating them or eliminating them from the team of co-workers;
4) Discrimination – a situation where, as a result of an apparently neutral provision, applied criterion, or action taken, there is or could be an adverse disproportion or a particularly disadvantageous situation with regard to the establishment and termination of the employment relationship, terms and conditions of employment, promotion and access to training in order to improve professional qualifications, in particular regardless of gender, age, disability, race, religion, nationality, political beliefs, union membership, ethnic origin, belief, sexual orientation, employment for a definite or indefinite period of time, full-time or part-time employment, against all or a significant number of employees belonging to a group distinguished due to one or more of the reasons set out in Art. 183a § 1 of the Labour Code, unless the provision, criterion or action is objectively justified in view of the legitimate aim to be achieved and the means of achieving that aim are appropriate and necessary. A breach of the principle of equal treatment in employment is, in particular, an employer’s differentiation of the situation of an employee for one or more of the reasons set out in Article 183a § 1 of the Labour Code, which has the effect of:
a) a refusal to establish or terminate an employment relationship,,
b) disadvantageous fixing of remuneration for work or specification of other conditions of employment or being neglected for promotion or in the award of other work-related benefits,
c) omission during the selection for participation in training improving professional qualifications unless the Employer proves objective reasons.
Discrimination is also considered to be:
d) the action consisting in encouraging another person to infringe the principle of equal treatment in employment or ordering a breach of that principle;
e) unwanted conduct with the purpose or effect of violating the dignity of an employee and of creating an intimidating, hostile, degrading, humiliating or offensive environment (harassment).
5) Team – an entity appointed ad hoc by the Management Board of CBRTP to investigate a complaint of bullying or discrimination.
The Employer is obliged to prevent bullying or discrimination and is liable under the law if such irregularities occur in the work process.
The duties of Employees that are related to the prevention of bullying and discrimination include, in particular:
1) refraining from actions or behaviours that constitute bullying or discrimination;
2) respecting the dignity and personal rights of all participants in the work process;
3) applying in their mutual relations the principles of social coexistence, culture and ethics in force in the workplace, as well as the principles of kindness and courtesy that guarantee order and the preservation of well-being and mental health;
4) reporting to the Employer any signs of bullying in the workplace, as well as situations that may indicate discrimination or conflict between the participants in the work process;
5) actively participate in training organised by the Employer, which falls within the scope of this policy, as well as adhere to the rules of conduct set out below.
1. An Employee who considers that they may be a victim of bullying or discrimination should scrupulously record all manifestations of bullying or discrimination (day, time, manner), as well as witnesses to the incident (if any), and keep these records for possible investigation by the Employer or in court.
2. The Employee referred to in section 1 should be aware that in cases of bullying or discrimination, the burden of proof is on the Employee, so the person who suspects that bullying or discriminatory actions are being taken against them must point out the existence of specific facts, signs of bullying or discrimination and the persons responsible for these actions.
3. An Employee who believes they have been the victim of bullying or discrimination has the right to submit a complaint to the Management Board in writing or to the e-mail address: firstname.lastname@example.org. The complaint should meet the following requirements:
1) describe the facts of the case;
2) specify what particular actions or behaviours of superiors or co-workers the employee considers to be bullying or discrimination;
3) identify by name the person or persons who, in the Employee’s opinion, are the perpetrators of the bullying or discrimination;
4) include a statement of reasons and cite evidence to prove that the actions or behaviours presented are actually occurring or have occurred;
5) the complaint should furthermore be dated and signed by the Employee submitting it (anonymous complaints will not be acknowledged.
4. Complaints referred to in section 3 shall be addressed to the Management Board, which shall immediately refer the matter to the Commission for further action.
5. The Team comprises:
1) at least three representatives of the Employees;
2) a representative of the legal department;
3) an HR representative..
The Team may not include the Employee making the complaint or any person identified in the complaint as the perpetrator, co-perpetrator or witness of the bullying or discrimination.
6. The purpose of the Team’s work is to fully explain the problem identified in the complaint and to present the results of the investigation, including findings and recommendations on the case, to the Management Board.
1. The first meeting of the Team shall be held at the request and on the date set by the Management Board.
2. At the first meeting, the Team members elect a chairperson from among themselves.
3. The notice of the meeting date shall be given at least three days in advance. This period may be shortened in urgent situations.
4. The Team should carefully examine the allegations and evidence contained in the complaint.
5. It is essential that the Employee with the complaint and the alleged perpetrator(s) of the bullying or discrimination be able to speak freely with the participation of the Team.
6. The Team makes decisions by a simple majority.
1. The Team’s responsibilities for investigating the complaint include:
1) conducting exploratory interviews with each party of the conflict;
2) hearing the witnesses to the bullying or discrimination identified in the complaint;
3) carefully investigating and clarifying all the circumstances covered by the complaint;
4) analysing submitted evidence.
2. If the Team uncovers an incident of bullying, a detailed investigation must be carried out to establish::
1) what the dispute is about;
2) how the conflict is conducted;
3) which groups are involved in the conflict;
4) what is the distribution of forces between the parties of the conflict;
5) whether the parties seek to resolve the conflict;
6) whether the conflict is limited or whether it expands over time;
7) what is the time frame of the resulting conflict;
8) ) at what stage of development the conflict i.
3. If the Team uncovers a case of discrimination, the scope and reasons for discrimination should be established in detail.
4. Persons who are to give explanations with the participation of the Team may not be in the room where the hearing takes place while other persons are being questioned.
5. The Team shall draw up minutes of the investigation, including:
1) the factual findings;
2) the explanations of the heard persons;
3) the evidence in the case;
4) indication of the decision taken by the Team by stating whether the allegations contained in the complaint turned out to be justified in the opinion of the Team;
5) an indication of the proposed consequences to be drawn by the Employer towards the perpetrator(s);
6) other proposals for action.
The minutes shall be signed by all members of the Team and, under each of the explanations given in the case, by the person giving them.
1. Due to the protection of the personal rights of the parties involved in the proceedings involving the Team, it is confidential with regard to the personal data of the complainant, the persons named in the complaint as the perpetrator, co-perpetrator or witness, and the facts established in the course of these proceedings may not be disclosed to the public. A decision taken in a particular case by the Management Board, based on recommendations received from the Team, may be announced to the public.
2. In case of bullying or discriminatory actions being identified, depending on the circumstances, the findings made, and the scale of the perpetrator(s), the Management Board shall decide on:
1) punishing the perpetrator with a disciplinary penalty (admonition, reprimand);
2) termination of the perpetrator’s conditions of work and remuneration;
3) terminating the employment contract with the perpetrator by notice;
4) termination of the employment contract with the perpetrator without notice (in the case of gross violations);
5) transfer of the aggrieved Employee (at their request or with their consent) to a position where it will be possible to make full use of their skills (this is particularly important if the Employer has not terminated the employment contract with the perpetrator .
The investigation of a complaint of bullying or discrimination by the Team does not exclude the possibility of legal proceedings.
Taking into account the need for equal participation of women and men in decision-making and the development of the organisation, the Employer shall take measures to prevent discrimination against women and to promote gender equality. These include measures to raise awareness of the importance of women’s participation in the Employer’s decision-making and management bodies, such as training and its actual provision of equal access to promotion and leadership positions in the organisation for women and men.
1. This Policy applies to all CBRTP Employees..
2. The Employee confirms that they have read the Policy by making a statement using the template attached as Appendix 2 hereto. The statement shall be kept in the Employee’s personal file.