NATIONAL INSTITUTE FOR NUCLEAR PHYSICS
Code of conduct for the protection of the dignity of people who work and operate within the National Institute for Nuclear Physics
Introduction
As part of its independent role and in implementation of the Commission Recommendation no. 92/131 of 27 November 1991 on the protection of the dignity of women and men at work, in accordance with the Equal Opportunities Code approved with Legislative Decree no. 198/2006 and subsequent amendments, in line with the provisions of article 1.1 of Legislative decree no. 165 of 30 March 2001, as amended by article 21 of Law no. 183 of 4 November 2010, also based on the European Parliament Resolution no. 2001/2339 of 20 September 2001 on harassment at the workplace, upon the proposal of the Central Guarantee Committee for equal opportunities, the enhancement of workers’ welfare and non- discrimination (hereinafter the “CUG” – Comitato Unico di Garanzia), and having heard the Trade Unions, the National Institute for Nuclear Physics (hereinafter the “Institute”) adopts this Code on the protection of the work environment quality and the fundamental rights (dignity, freedom, equality, health) of women and men.
The Code’s provisions prevent acts and conduct prejudicial to people’s dignity, including harassment and sexual harassment, moral or psychological violence and, should they occur, regulates the appropriate procedures for addressing the problem, avoiding any resurgence.
The Institute adopted the Code ⎯ which implements the Three-Year Plan – in resolution no. 7485 of 20 December 2001, considering the fact that the acts and conduct prejudicial to people’s dignity, freedom and equality, including sexual harassment, affect female and male workers’ rights and also harm the work environment and the correct and effective accomplishment of the Institute’s mission. They may also have a negative effect on the health, trust, morale and performance of the affected parties and, to a lesser extent, those who are aware of them.
The Code was also updated to reflect the changes to the European and Italian legislation on discrimination and harassment, making it an increasingly effective and adequate tool to combat practices with an extremely negative impact on female and male workers.
In accordance with article 7.1 of Legislative decree no. 165/01, the Institute guarantees equality and equal opportunities between men and women and prohibits any form of discrimination, either direct or indirect, based on gender, age, sexual orientation, race, ethnic origin, disability, religion, language, access to work, work treatment and conditions, professional training, promotion and safety at the workplace, while guaranteeing a work environment based on organisational wellbeing and committing to identifying, combating and eliminating any form of
psychological or moral violence within its structure*.
The Code is a tool for the implementation of the above regulatory principles and, consequently, it prosecutes direct discrimination, i.e., any provision, criteria, practice, act, deed or conduct that is prejudicial to any female and male worker, based on sex, race and ethnic origin, religion, age, disability, sexual orientation, personal beliefs, and indirect discrimination that occurs when any provision, practice, criteria, act, deed or an apparently neutral conduct place or may place the workers belonging to the above categories at a particular disadvantage (Community directives nos. 2000/78/EC and 2000/43/EC implemented by Legislative decree no. 215/216 of 2003).
The Code also pursues women’s and men’s well-being at work and intends to prevent the risks for the workers’ safety and health, including work-related stress risks, as set out in the European Agreement of 8 October 2004, or those related to differences in gender, age, origin from other Countries and the specific contractual type through which the work service is rendered, as required by Legislative decree no. 81/2008, amended by Legislative decree no. 106/2009.
The Code deals with a specific and sensitive issue as it is strictly related to the legislative and contractual provisions governing disciplinary procedures and sanctions. Furthermore, it may also be related to acts punishable under the criminal law or the legislation on health and safety at work.
Based on the above, the Code makes reference to the definition of punishable acts, and the related sanctions, set out by ruling law or contractual provisions.
Specifically, reference is made to the specific definition of sexual harassment set out in Directive 2006/54/EC of the European Parliament and of the Council, of 5 July 2006, on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), as transposed into Italian legislation or directly applicable to it.
The above defines sexual harassment as where any form of unwanted verbal, non- verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. This conduct, as well as less favourable or retaliatory treatment, applied as a result of the rejection of, or submission to, such conduct, shall be considered as discrimination in every respect and shall be prosecuted as such.
With respect to harassment, the Code also makes reference to the definitions set out in Legislative decrees nos. 198/06, 215/03 and 216/2003, whereby discrimination includes all unwanted conduct, held for reasons attributable to gender, race or ethnic origin, religion, age, disability, sexual orientation, personal beliefs, with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
With respect to harassment at the workplace, the Code makes reference to the principles set out in the European Parliament resolution no. 2001/2339 of 20 September 2001, and, pending the adoption of a more comprehensive European or Italian legislative framework, acts as a useful prevention tool, in line with the ruling National Collective Bargaining Agreement which provides for disciplinary
sanctions for all «acts and conduct, including sexual harassment, prejudicial to people’s dignity» (article 28.5, (i)).
*
In this Code, the use of the term “race” does not imply the acceptance of the theories which attempt to determine the existence of separate human races. The European Union rejects these theories in the Treaty and Directive 2000/43/EC.
