does not envisage such circumstances as quid pro quo, where the receipt of work-related benefits, including pay increases, promotions, continuation of employment, and so on, are dependent on the recipient’s consent in response to sexual harassment. RECOMMENDATIONS Clarify the definition of sexual harassment in the legislation by including the quid pro quo principle. Recommended draft provision: “Sexual harassment shall be prohibited. Sexual harassment is any sex-based behavior, including unwanted verbal, non-verbal or physical behavior of a sexual nature that is unwelcome, unreasonable, and offensive to its recipient. Sexual harassment may take two forms: a) Quid pro quo, when the basis for a decision which affects that person’s job, is made conditional, explicitly or implicitly,on the victim acceding to demands to engage in some form of sexual behavior; or b) hostile work environment in which the behavior creates conditions that are intimidating, hostile or humiliating for the victim”. The Labour Inspection Service should develop and issue advisory instructions/guidelines to ensure the prevention of sexual harassment in the workplace. The Labour Inspection Service, along with international and local partner organizations, should organize an information campaign to raise public awareness about sexual harassment. 3 Employment contract 3.1 Internship Legal Review Article 18 of the Labour Code provides regulation of internships. Paragraph one of the Article provides a definition of an intern, which includes the purpose of the internship legislated –“an intern is a natural person who performs for an employer particular work, whether paid or not, in order to upgrade his/her qualifications and to gain professional knowledge, skills or practical experience.” The Labour Code provides some limitations for employers and requires that 37
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