Harassment Policy

Article 11

Policy against violence and harassment and management of relevant complaints

The company AHB GROUP S.A. strongly believes that all employees have the right to work in an environment which respects dignity, the value and human rights of each individual. It shall undertake to ensure a workplace free from violence, harassment and bullying. To do so, AHB GROUP S.A. will not tolerate any event of violence or harassment within the workplace.

The Company AHB GROUP S.A. shall further undertake to investigate any complaints regarding harassment and bullying in the workplace, using the progressive discipline* method, as well terminate any cooperation with the perpetrator(s).

The Greek Penal Code defines specific subjects such as violent acts, sexual harassment, threats and conducts such as violence in the workplace as unlawful. In case of any of the above, AHB GROUP S.A. may contact the police.

1. Policy Statement

The International Labour Organization (ILO) acknowledges that “sexual harassment or violence in the workplace constitutes a violation of human rights and/or abuse. It is a threat to equal opportunities and is unacceptable and incompatible with decent work”.

AHB GROUP S.A. fully complies with the international labour standards to combat violence and harassment in the workplace. In particular, the Company AHB GROUP S.A. complies with the rules defined by:

1. A) the Convention of UNHCR on the Elimination of All Forms of Discrimination against Women (CEDAW).
2. B) the Labour Inspection Convention on the elimination of violence and harassment in the workplace.
3. C) the Convention of the Council of Europe on preventing and combating violence against women and domestic violence (Istanbul Convention).
4. D) the Charter of Fundamental Rights of the European Union, in conjunction with the Directive 2006/54/EC and the Directive 2004/113/EC.

as well as the applicable local laws, that is Law 4808/2021 incorporated into the Greek Law, the Labour Inspection Convention No. 190 on the elimination of violence and harassment in the workplace.

AHB GROUP S.A. shall undertake to provide a safe environment for all its employees without illegal discriminations for any reason and free from illegal violence or harassment in the workplace, including sexual harassment. The Company shall implement a zero-tolerance policy against any form of violence or harassment in the workplace. It shall manage all incidents diligently and investigate immediately all claims on violence and sexual harassment. Any individual found to have used violence or sexually harassed another will face disciplinary penalties, and even dismissal.

All complaints regarding violence or sexual harassment will be taken into serious consideration and will be dealt with respect and confidentiality.

However, individuals who file a complaint must be aware that the accused party must receive information on the complaint and the opportunity to present their side of the event. No one will face acts of retaliation for the filing of such complaint, even if the complaint is considered to be unfounded.

However, complaints that were found to be made in bad faith, deliberately based on false claims of conduct, may be subject to disciplinary measures. It should be taken into account that “deliberately false claims of conduct” means that:

1. the conduct for which the complaint was made did not take place, for instance,
   • no physical contact took place or
   • the event of the complaint did not take place.
2. This does not mean that the individual that filed the complaint misinterpreted the physical contact or comment of sexual nature, while there was no reason for an event of violence or harassment to take place and it shall reasonably not be interpreted as sexual harassment.

*Definition of progressive  discipline:

Step 1: Warning. In this step, the head shall inform the employee on their concerns and hear every information that the employee provided.

Step 2: Written notice.

Step 3: Employment suspension.

Step 4: Termination.

(depending on the severity of the incident, any step may be applied)

2. Definition of Violence and Sexual harassment

 In accordance with the relevant Regulations on Health and Safety at Work:

“Violence in the workplace” shall mean any act or threat of physical violence, bullying or other threatening conduct appearing in the workplace. It shall range from threats and verbal abuse to physical assault, violence and even manslaughter. It might affect and involve employees, partners, customers and visitors.

“Harassment” shall mean any conduct, comment, display, action or gesture that has a negative impact on the mental or physical condition of the employee.

As sexual harassment shall be considered every form of unwanted conduct of sexual nature that violates the dignity of an individual to whom the conduct is directed and/or creates a hostile, intimidating or humiliating environment.

Sexual harassment shall adversely affect the working environment or leads to negative consequences related to work for the victims of harassment. Sexual harassment shall also include circumstances when an individual is asked to participate in sexual activities as a condition for their employment. Sexual harassment may include one or more cases and actions that constitute harassment and may be physical, verbal or non-verbal.

The conduct will be determined according to the “reasonable woman standard” (as mentioned in the legal literature) which means that if such conduct is reasonably insulting to women, it will violate the policy regardless of the personal intentions or the view of the perpetrator on the appropriateness of the conduct.

Examples of conduct or conducts that constitute sexual harassment shall include, indicatively:

Physical Conduct

• Unwanted physical contact, including caressing, pinching, kissing, hugging, improper touching
• Physical violence
• Use of threats or rewards related to work to ask sexual favours

Verbal Conduct

• Comments on the appearance, age, private life of an employee etc.
• Psychological violence
• Sexual comments, repeated and unwanted social invitations on a date or physical intimacy
• Insults based on the gender of the employee
• Sending sexual messages (via phone or via e-mail)

Non-Verbal Conduct

• Display of sexual material
• Sexually insulting gestures

Any person may file a complaint against violence or sexual harassment regardless of their gender and the gender of the harasser. The Company shall recognize that sexual harassment may also take place between individuals of the same gender. What is important is that the conduct of sexual nature is unwanted by the individual to whom it is directed.

Physical contact between men and women should be limited to usual actions such as a handshake, until the involved parties become sufficiently familiar with each other in order to determine their own acceptable practices. There is no room for sexual language and they are unnecessary in the working environment. This policy shall not aim to create new or unnatural conduct standards but to limit / eliminate conducts which create problems.

3. Policy

AHB GROUP S.A. will take all reasonable measures to eliminate bullying and harassment in the workplace, according to the Labour Law 4808/2021 and decides to show zero tolerance to such conduct in order to ensure health and safety for each employee. Violent and harassing conduct shall include, indicatively, “verbal aggression or insults, vandalism to personal belongings and spreading malicious rumours, physical violence and others. “

AHB GROUP S.A. shall encourage any of the employees that witness or become a victim to harassment or bullying, to disclose such information as soon as possible so as an investigation to begin immediately.

Seeking an environment free from violence and harassment, AHB GROUP S.A. shall undertake to fully prevent and/or combat any cases of harassment, including sexual harassment, through:

1. A) The provision of information, education and training in order to ensure that all employees understand their rights and their obligation in relation to harassment
2. B) By ensuring that the complaint managers understand how they must react to incidents of harassment, including the way of collecting information, secrecy, the way of action, the way of handling privacy, the way of documentation and the way of keeping files
3. C) The provision of a procedure for submitting complaints (described below) which shall be fair, valid and effective, and
4. D) The promotion of appropriate conduct standards

This policy shall prohibit any individual in AHB GROUP S.A. who is able to grant or refuse a benefit (to another employee) to sexually approach or promote them in the workplace. This could include from a coworker to a coworker or superiors and directors to an employee. In addition, any acts of retaliation for the rejection of such approach shall not be allowed.

AHB GROUP S.A. shall also not allow the creation of a toxic working environment, as it is created through comments or any kind of conduct which is known to be unwelcome. AHB GROUP S.A. shall examine all complaints in order to prevent the creation of a toxic working environment.

In addition, all employees experiencing violence or harassment in the course of their work in AHB GROUP S.A. shall have the right to submit a complaint without the fear of retaliation. AHB GROUP S.A. shall ensure that any incident or complaint on violence or harassment in the workplace are investigated, as appropriate.

In the framework of personnel awareness, AHB GROUP S.A. shall take the following measures:

1. It shall organize targeted personnel meetings to discuss relevant issues and deal with potential risks in a timely manner.
2. It shall carry out seminars with mental health professionals or consulting service providers
3. It shall encourage the participation of employees and management executives in training programs and educational seminars on the recognition and management of violence and harassment risks in the workplace.

3.1 Policy regarding the occurrence of Violence in the Workplace

The Company will not tolerate violence in the workplace for any reason. Employees who threaten, bully or hit any coworker, head, director, customer or other individual with whom they contact in the performance of their work duties or who are involved in any kind of hostile actions or threats, aggressive or violent action during their service or within the Company’s premises, shall be immediately dismissed.

Each employee who has suffered or has been threatened with any act of violence must immediately report the matter to the Head of the Human Resources Department. The matter shall be investigated thoroughly. Acts of retaliation against any individual who has reported hostile actions or threats of violence within the workplace shall not be tolerated.

Employees shall not be allowed to hold any kind of weapons during their service, even if they are kept within the employee’s vehicle. Any employee found to have in their possession any weapon during their service shall be immediately dismissed. Employees who fail to be subject or fully cooperate in such searches, shall be subject to disciplinary measures, including dismissal.

The heads and directors must closely monitor the conduct of the employees to ensure that no hostile actions or threats, aggressive actions or act of violence take place in the workplace. The heads and directors that witness any such conduct or suspect that such conduct takes place must immediately report it to the Head of the Human Resources Department. The heads and directors who tolerate hostile actions or threats, aggressive or violent conduct in the workplace or who do not timely report such conduct, as provided for by this Policy, shall also be subject to the appropriate disciplinary penalties, including dismissal. 

4. Scope of Application

This internal policy shall relate and apply to:

1. All employees of AHB GROUP S.A., including employees under a work contract, independent services, salaried service, as well as individuals receiving training, including trainees and apprentices, individuals whose work relationship has expired, individuals applying for a job and other individuals in the informal economy
2. All partners – employees of the companies that AHB GROUP S.A. cooperates with
3. All contractors and their employees related to the Company

Violence and harassment shall be prohibited whether it takes place within the facilities of the Company or outside or while moving from and to the workplace, including social events, business trips, training conferences or conferences funded by the Company

Employees shall be encouraged to report any unwanted violent or harassing conduct by third parties within the workplace. While AHB GROUP S.A. can not control the conduct of non-employees, the management shall address the relevant complaint to the competent representatives of the third party’s employer.

In case of conflict between this Policy on Violence and Harassment and the legislation, the national laws shall prevail over this Policy to the extent that they offer far-reaching protection within the meaning that AHB GROUP S.A. shall reserve the right to provide far-reaching protection by establishing more stringent rules. 

5. Field of Information Technology

This internal policy shall relate and apply on communications related to work of any kind (physical or with the use of technology or information technology) as for example (indicatively) sending obnoxious voice and/or written e-mails.

6. Complaint procedures

Any individual experiencing violence or harassment must submit their complaints in writing. In case of an oral complaint, the complaint will be recorded by the receiver of the complaint and be signed by the Complainant. The complainant can either submit a hard copy of an “Official Form on Violence and harassment” (the form is provided in this Policy) to the Head of the Human Resources Department or send an e-mail to the following address: Employees@theoniwater.gr   In case that the Complainant prefers to contact any other individual other than the Head of the Human Resources Department, the complaint must be submitted to the Director of the Department they belong to.

All complaints must be submitted within 3 months from the date of the event/latest incident. The Director of the Human Resources Department may extend the timetable for reasons recorded in writing, if they confirm that these reasons prevented the submission of the complaint. Complaints shall be accompanied (if any) by supporting data in all forms (documents, video, e-mail, written messages or voice messages, witnesses etc.). The complainants must be aware that delay in submitting a complaint will render fair and full investigation of the complaint more difficult.

When the Head of the Human Resources Department receives a complaint regarding violence or harassment, they:

• will immediately record the dates, times and events of the incidents
• will determine the views of the affected individual as regards the result they wish
• will confirm that the Complainant understands the procedures of the Company on the handling of the complaint
• will discuss and agree on the following steps:

• either informal or formal complaint, with the understanding that the choice to unofficially resolve the matter does not prevent the Complainant from making an official complaint if they are not satisfied with the result
• will keep a confidential file of all discussions
• will ensure that the Complainant is aware that they can submit the complaint outside the company through the relevant legal framework
• will prepare a description of the complaint and send a copy thereof to the accused party which describes the complaint, within 10 days from the receipt of the complaint.

In case that the accused party is a member of the Company’s Executive Management Team (General Director, Managing Director, other) and is involved in any way in the complaint on violence or harassment, this individual shall not get involved with any of the procedures and the complaint will be processed by the head of the HR department and the respective Legal Advisor of the company AHB GROUP S.A.

Complaint resolution mechanism

If the Affected party submits an official complaint, the complaint resolution mechanism must be used for the resolution of the matter.

The Head of the Human Resources Department, upon the receipt of an official complaint, shall carry out a preliminary examination (within 2 weeks from the receipt of the complaint) in order to determine if there are reasons to further investigate the complaint. At this point, the Head of the Human Resources Department will interview the affected party and the accused party (alleged to be the harasser), as well as any other related third parties, separately and in an unbiased manner.

In case that the Head of the Human Resources Department concludes that the complaint is not worth proceeding (and no further steps must be followed), they shall inform the affected party and the accused party in writing on the reason why the complaint on Violence or harassment did not proceed.

Otherwise, the Head of the Human Resources Department will prepare a summary of the complaint and request written explanation from the complainant regarding the accusations.

The complainant must submit – within 5 business days from the date of receipt of the text – a written response to the Head of the Human Resources Department together with any documents, witness names and addresses and/or other data which may support their claims.

The Head of the Human Resources Department will prepare a report based on the material collected by the Affected party and the accused party and will share it with both parties. The witnesses indicated by both parties will be also examined and their statements will be taken into account. All procedures will be documented.

After the examination of all evidence collected, the Head of the Human Resources Department will issue an Investigation Report, which shall contain the investigations, the findings and any recommendations to the Company’s Executive Management Team (General Director, Legal Advisor, Director of the Human Resources Department), within 10 days from the completion of the investigation. The Investigation Report shall be also distributed to the Affected party and the Accused party.

If the Investigation Report concludes that the harassment took place, the Head of the Human Resources Department will suggest the most appropriate actions for the Affected party to the Executive Management Team (after consulting with the Complainant).

The following actions may be taken: a written apology, change in the employment relations, change in department or position, promotion if the Complainant was demoted as a result of the harassment, training of the accused party, suspension or dismissal of the accused party. The final determination of the appropriate course of action shall be the decision of the Executive Management Team.

The whole procedure must be completed within 60 days from the date of submission of the official complaint.

AHB GROUP S.A. shall keep a file with all actions taken and ensure that the situation has been resolved and that the Affected party is satisfied with the result. The Head of the Human Resources Department shall ensure that all files regarding the matter are kept private.

External complaint mechanisms

This Policy on Violence and Harassment shall not replace the legal procedures established by the judicial system of the state nor deprive the right to individuals to seek justice based on the laws.

AHB GROUP S.A. informs the personnel that any individual who has suffered violence or sexual harassment, apart from the complaint procedure within the company, may also seek justice outside the company as follows:

1. a) the right to judicial protection,
2. b) the right to appeal, submit a complaint and apply for a labour dispute to the Labour Inspectorate, in the context of its legal competence,
3. c) the right to report to the Ombudsman, in the context of its legal competence.

4. Penalties and disciplinary measures

Any individual found to have used violence or sexually harassed another individual may be subject, in accordance with the terms of this policy, to the following penalties:

• mandatory Written Apology promising that such actions will not be repeated in the future towards any individual
• mandatory training or consulting
• recommendation of compliance
• warning or written notice
• change in the work position, working hours, workplace and method that they provide their work,
• demotion
• employment suspension
• dismissal (without prejudice to the prohibition of abusing the right provided for in Article 281 of the Civil Code).

The nature of the penalties shall depend on the severity and extent of the actions of violence or harassment. The appropriate dissuasive penalties shall be applied in order to ensure that sexual harassment incidents are not treated as insignificant incidents. Certain serious cases, including physical violence, will result in the immediate dismissal of the accused party.

5. Malicious claims

When the Head of the Head of the Department concludes that the claim against the accused party is malicious, or that the Complainant or any other individual that submits the complaint has done so being aware that it is false, then the Head of the Human Resources Department may suggest to the Executive Management Team to take measures against the complainant or the individual who submitted the complaint.

The suggested action shall be from the list of actions mentioned above as penalties and disciplinary measures.

The simple fact that a complaint is not documented does not mean that it has malicious intentions. Malicious intentions must be clearly proven through a separate investigation and are based solely on deliberate, false accusations from the Complainant.

6. Protection from acts of retaliation

The Company shall not accept any kind of acts of retaliation against any individual who, acting in good faith, reports acts of violence or harassment. Any individual involved in such actions, directly or indirectly, or encourages others to act in such manner, will be subject to the appropriate disciplinary actions.

Acts of retaliation will be treated as a severe offense. Any individual suspecting or suffering acts of retaliation must report them to the Head of the Human Resources Department. Acts of retaliation shall be treated by the Company just as seriously as Violence and Sexual harassment, even if the initial complaint on Violence or Harassment has not be proven.

7. Confidentiality

The identity of the Affected party, the accused party, the witnesses, the statements and other evidence collected during the investigation procedure, the recommendations of committees, the actions of the employer shall be considered confidential material and shall not be published nor become available to the public or to the media or other persons of the Company that are not necessary for the resolution of the complaint. Any individual who violates the confidentiality clauses shall be subject to disciplinary measures.

8. The Appeal

Any party who is not satisfied or is further affected by the application or non-application of the resolution procedure of the complaint, may appeal to the Executive Management Team, within 30 days from the notification of the recommendations.

9. Application of this policy

AHB GROUP S.A. will disseminate the policy and make it available to all related individuals. The policy will be considered an Annex to the Employee Handbook of AHB GROUP S.A. All new employees must be trained as regards to context of this policy as part of their admission to the Company. Each director has the responsibility to ensure that all their employees are aware of the Company’s policy.

10. Inspection and evaluation

The heads, the directors and the persons responsible for handling cases of sexual harassment will report compliance with this policy, including the number of incidents, the way of handling them and any recommendations made. This shall take place on an annual basis. As a result of such report, the company will evaluate the effectiveness of this policy and will make any changes required.

11. Effective Date

This policy shall apply from 1st January 2022 and henceforth.

12. Useful contact numbers 

AHB GROUP S.A. informs the personnel and keeps at a visible location the details of the competent administrative authorities, to which every affected individual has the right to appeal (Labour Inspectorate, Ombudsman), the hotline of the Labour Inspectorate Body (SEPE) 1555, as well as for the mental health support and advisory service for women victims of gender-based violence that they can communicate with the SOS Helpline 15900