Inappropriate behavior
The question of wether or not behavior crosses a boundary is sometimes difficult to answer. Everyone is different and every person has different norms and values dictating how they observe reality. That means that what is ok for one person is really crossing a line for another.
In essence, transgressive behavior is about negative expressions of one person or group against another person. This can take different forms, but the person in question experiences this as humiliating, hurtful, threatening or intimidating. Often physical, emotional damage is caused to the person, which can have major consequences for the health and well-being of the person, such as a burnout.
We spend a lot of our time at work, so it is important that we are able to work in a comfortable and, most important of all, a safe way. When an employee does not feel safe at work, this naturally affects productivity, but also the well-being of the employee. This may be due to the working conditions, such as excessive work load or pressure to perform. There may also be abrasion or conflicts with colleagues or undesirable forms of behaviour which can cause additional stress. When there are physical, psychological or social complaints related to work, the Working Conditions Act refers to this as psychosocial work load (PSA).
Inappropriate behavior
When do we speak of transgressive behavior?
Inappropriate behavior, which is also called transgressive behavior or undesirable behavior, is a very current topic. In the media we are confronted with stories of inappropriate behavior like (sexual) harassment all the time but what does inappropriate behavior really mean.
The question of wether or not behavior crosses a boundary is sometimes difficult to answer. Everyone is different and every person has different norms and values dictating how they observe reality. That means that what is ok for one person is really crossing a line for another.
In essence, transgressive behavior is about negative expressions of one person or group against another person. This can take different forms, but the person in question experiences this as humiliating, hurtful, threatening or intimidating. Often physical, emotional damage is caused to the person, which can have major consequences for the health and well-being of the person, such as a burnout.
We spend a lot of our time at work, so it is important that we are able to work in a comfortable and, most important of all, a safe way. When an employee does not feel safe at work, this naturally affects productivity, but also the well-being of the employee. This may be due to the working conditions, such as excessive work load or pressure to perform. There may also be abrasion or conflicts with colleagues or undesirable forms of behaviour which can cause additional stress. When there are physical, psychological or social complaints related to work, the Working Conditions Act refers to this as psychosocial work load (PSA).
Forms of transgressive behaviour
Sexual harassment
Sexual harassment is unwanted attention from one person to another of a sexual nature. This includes inappropriate or ambiguous sexually suggestive comments, but also inappropriate jokes. Another form is unwanted touching or an attempt to touch it. Criminal offenses such as sexual assault and rape also fall under this.
Aggression and violence
With violence and aggression, a person is attacked physically (for example, pushing, hitting, spitting) or verbally (for example, cursing, shouting). Threatening or otherwise intimidating, humiliating or harassing someone, online or otherwise, also fall under this. In some cases of intimidation and violence, there is an abuse of the balance of power.
Bullying
Bullying is systematic negative treatment of one person by another or a group. There are many forms of bullying, such as bad jokes, gossip, humiliation or exclusion. Due to the repetitive character, there is bullying and not teasing, which often stands alone. The person often finds it difficult to defend himself against the bullies, especially if there is a group.
Discriminatie
Discrimination involves making a distinction. This means that a person is treated differently or excluded by another or by a group. The distinction can be based on:
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sexual preference or gender
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skin colour, origin or nationality
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religion, belief or attitude to life
What can your organization do?
If you as an organization want to contribute to a safe working climate, it is important to appoint an internal confidential advisor and it is wise to also appoint an external confidential adviser. When employees are confronted with transgressive behaviour, they can call on the internal confidential advisor or they can call on the external confidential adviser for support. In addition, we are happy to help create and implement an effective policy regarding undesirable behaviour. A good step in making effective policy is to talk to each other through a guided dialogue session.
Is it mandatory for my organization to have a confidential adviser ? No, if your organization is small its not mandatory yet but it is a smart move to have an internal and an external confidential adviser. The government also recognizes the importance of a confidential advisor and there is a legislative amendment to the Working Conditions Act in the House of Representatives to make this mandatory. In organizations that have more than 50 employees, there is a relief from the “House of Whistleblowers Act” to provide a person who can be consulted in confidence to discuss abuses, this can be a confidential advisor.
Make an appointment
What can your organization do?
If you as an organization want to contribute to a safe working climate, it is important to appoint an internal confidential advisor and it is wise to also appoint an external confidential adviser. When employees are confronted with transgressive behaviour, they can call on the internal confidential advisor or they can call on the external confidential adviser for support. In addition, we are happy to help create and implement an effective policy regarding undesirable behaviour. A good step in making effective policy is to talk to each other through a guided dialogue session.
Is it mandatory for my organization to have a confidential adviser ? No, if your organization is small its not mandatory yet but it is a smart move to have an internal and an external confidential adviser. The government also recognizes the importance of a confidential advisor and there is a legislative amendment to the Working Conditions Act in the House of Representatives to make this mandatory. In organizations that have more than 50 employees, there is a relief from the “House of Whistleblowers Act” to provide a person who can be consulted in confidence to discuss abuses, this can be a confidential advisor.
Make an appointment
Legislation
The Working Conditions Act indicates that the employer is obliged to protect employees against psychosocial work stress (PSA). This includes that there must be a policy within the general working conditions policy with the aim of limiting, but rather yet to be avoided.
The working conditions law includes the following articles that apply:
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Article 3. paragraph 1 The employer pursues a policy aimed at good working conditions
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Article 3. paragraph 2 The employer must prevent risks and, if that is not possible, limit these risks
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Article 8. paragraph 1 The employer is obliged to map out the risks and inform employees.
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Article 11. The employee is also obliged to ensure his or her own safety according to his or her own ability The following regulations are relevant in the working conditions decree:
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Article 4 PSA 2.15 paragraph 1 If employees are exposed to psychosocial work load, the employer will determine measures to prevent and/or limit PSA;
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Article 4 PSA 2.15 paragraph 2 If employees are exposed to psychosocial workload, the employer must provide information and education.
