Ordinance on the Protection of Sexual Integrity in the Workplace - Principle

1. All employees of the canton have the right to be treated in connection with their professional activity in a manner that leaves their dignity and, in particular, their sexual integrity at the workplace untouched. Sexual harassment by employees towards third parties will also not be tolerated.

2. Employees who notice sexual harassment point out to the harassing person that this behavior is unacceptable and support the harassed person in safeguarding their rights.

3. Measures will be taken against harassing employees.

1. Sexual harassment is defined as any conduct of a sexual nature that is unwanted either generally or by the specific person affected, and which the perpetrator knows or ought to know is unwanted.

2. In particular, sexual harassment includes

a. suggestive and embarrassing remarks;

b. statements and jokes that degrade individuals based on their gender;

c. displaying and distributing pornographic images;

d. suggestive, degrading looks and gestures;

e. unwanted touching;

f. repeated unwanted invitations of a sexual nature;

g. attempts to make advances accompanied by promises of advantages or threats of disadvantages.

3. ...

1. Employees who have been sexually harassed may file a report. No disadvantages shall result for the person making the report.

2. No disadvantages shall result for the persons involved outside of the pending procedure.

3. The criminal provisions of the Swiss Criminal Code remain reserved.

1. The Finance and Church Directorate may enter into a service agreement with the cantonal churches of Basel-Landschaft, which pertains to the services of the trusted individuals and the advisory commission for the benefit of the employees of the cantonal churches of Basel-Landschaft.

1. The canton ensures prevention through appropriate measures, such as training and information.

1. Supervisors are responsible within their area of responsibility for ensuring a harassment-free working environment.

2. They are to instruct their employees on the principles of conduct and intervene with corrective measures when necessary.

3. They are to support a person who complains about harassment and, in collaboration with them, and if necessary, the trusted person and the responsible personnel officers, take appropriate precautionary measures.

4. They must inform the harassed person of their right to report.

1. Employees who have been sexually harassed or are aware of cases of sexual harassment, without being accused themselves, are entitled to counseling and support from specially designated confidants.

2. The confidants are also available to third parties outside of the administration, courts, and the ombudsman's office, who are aware of cases of sexual harassment by employees of the canton in the course of their work duties, for consultation.

3. Anyone entitled to counseling can approach any confidant of the canton.

1. The canton designates a maximum of 12 trusted individuals from all areas of its activities, ensuring reasonable representation of both genders.

2. The government council appoints the trusted individuals for a term of four years each.

3. Before appointing the trusted individuals, the staff associations and the office for gender equality must be consulted.

4. The trusted individuals receive training for their duties.

1. The duties of confidants particularly include

a. * Providing advice and support;

b. * Taking informal steps at the request of and in collaboration with the harassed person, with the aim of ending the sexual harassment;

c. * Providing information about the reporting procedure, outlining the criminal and civil legal options, and explaining the prerequisites and potential consequences of these steps to the harassed person.

2. All actions taken by the confidants are conducted with the consent of the person seeking advice.

1. In the fulfillment of their duties, the trusted representatives are entitled to the following competencies in particular

a. They may conduct discussions with all parties involved;

b. They may request a joint discussion with all parties involved, especially with supervisors.

2. The trusted representatives may request precautionary measures from the responsible HR personnel and/or line managers to ensure the protection of the harassed person and to guarantee the proper procedural flow.

1. For the professional assessment of reports of sexual harassment, the Governing Council shall appoint an advisory commission.

2. The commission shall consist of 5 members, of whom 3 must be women and 2 must be men. It shall convene with at least 3 members present.

3. The associate members shall be selected from among the members of the Conciliation Commission for Discrimination Disputes in Employment, who represent the public sector. The Governing Council shall appoint an independent person from the Conciliation Commission for Discrimination Disputes in Employment as the chairperson.

4. Before appointing the members of the commission, the Office for Gender Equality must be consulted.

1. The establishment of the advisory commission shall be announced in the official publications of the canton.

2. The advisory commission is organizationally assigned to the Department of Economic Affairs and Health and within it to the General Secretariat.

3. The commission members shall be trained for their task.

1. The duties of the advisory commission include

a. Conducting the necessary investigations to establish the facts;

b. Informing the accused person, the relevant superior, and the reporting person;

c. Preparing a final report and drafting the decision for the attention of the appointing authority of the accused person, with recommendations and proposals for measures, if applicable.

2. The government council may assign additional duties to the commission.

1. In fulfilling its duties, the advisory commission is granted the following competencies in particular

a. * It may delegate the investigation to individual members of the commission and involve external specialists.

b. * It may request all relevant information from the appropriate personnel or line manager and examine records necessary for fulfilling its duties.

c. * It may question informants.

d. * It may submit an application for provisional measures to the appropriate personnel or line manager.

1. If the report is submitted to the chairperson of the advisory commission within 6 months from the date of the last incident of sexual harassment, the advisory commission is required to act on the report in any case. The obligation to act also applies if the confidant confirms that contact was made with them within 6 months from the last incident of harassment.

2. If criminal prosecution of the harassing person is possible for a period longer than that mentioned in paragraph 1, then the period for criminal prosecution shall also apply to the obligation of the advisory commission to act on the report.

3. Upon receipt of a report, the chairperson of the advisory commission shall promptly convene a meeting with at least 3 members of the commission, one of whom must be the chairperson. During this meeting, the commission determines the specific course of action to be followed.

4. The advisory commission shall undertake the following steps in the procedure

a. Inform the accused person as well as the direct superiors of both the harassed and the accused person about the initiation of the reporting procedure.

b. Conduct investigations.

c. Ascertain the facts and gather evidence.

d. Hear the harassed person, the accused person, and any potential witnesses.

e. Record the proceedings of the investigation process.

5. The minimum of 3 commission members conducting the investigation shall inform themselves of the results of the investigation, will have access to the records, and will make a decision based on them.

1. Both the harassed and the accused person have the right to be accompanied by a person of their choice. They may be present during the questioning of witnesses, as well as during the questioning of the accused or the harassed person, and may ask supplementary questions.

1. The harassed person has the right to refuse the presence of the accused person during their interrogation. In this case, the accused person may be represented by their accompanying person pursuant to Section 15.

**1. The advisory commission may propose the following measures to the appointing authority regarding the accused person:**

a. Obligation to apologize;

b. Warning;

c. Assignment of other work or relocation of the workplace;

d. Establishment of a probationary period;

e. Termination or removal from office.

**2. If the advisory commission intends to propose a measure in accordance with paragraph 1, it shall hear the harassed and accused person conclusively once more.**

**3. ...**

1. A person who knowingly falsely accuses an innocent person of sexual harassment shall also face measures by the employment authority.

1. The confidants, members of the advisory commission, superiors, and all other individuals entrusted with the resolution of proceedings are obligated to confidentiality.

2. Subject to reservation, confidants must disclose to members of the advisory commission, upon request, the name of the harassed person and the time at which the person first contacted them.

3. Confidants are exempt from the notification obligation within the meaning of § 27 para. 2 letter b of the Canton Criminal Procedure Code (EG StPO).

1. The responsible trusted person documents the key details of the cases. If the advisory commission is consulted, it similarly documents the cases.

2. The files are confidential. The harassed and the accused person are entitled to access the procedural files, unless overriding public or private interests require their confidentiality.

3. However, the content of a document for which access is denied must be disclosed to the extent possible without violating the interests that are to be protected.

4. Furthermore, the processing of personal data is subject to the provisions of the Act on Information and Data Protection (Information and Data Protection Act, IDG) of February 10, 2011.

1. The advisory commission, in cooperation with the trusted representatives, maintains an anonymized statistic regarding the number, origin, and manner of resolution of the cases.

1. The Regulation of August 13, 1991, on Compensation for Special Commission Activities is amended as follows: ...

1. This regulation shall enter into force on January 1, 1999.