In the regulation on measures to combat bullying, sexual harassment, gender-based harassment and violence in the workplace, bullying is defined as repetitive behaviour which in general is conducive to causing discomfort for the victim, such as belittling, insulting, hurting or threatening the victim or causing him/her fear.
The regulation is based on the protection at work legislation, act no. this 46/1980 on working environment, health and safety at the workplace. It is stated there that employers are responsible for the working environment as a whole, and shall ensure a healthy and safe work environment at the workplace from a variety of perspectives.
Occupational Health and Safety monitor the implementation of protection at work legislation. On the Occupational Health and Safety website one can find clear information on bullying, among other things how it manifests itself on the role and procedures of Occupational Health and Safety in cases of bullying. On the Social Affairs School website one can also find useful information about bullying.
Employee’s Duty to Report
An employee who has experienced or has knowledge of bullying in the workplace shall inform the employer or the workplace safety representative. The employee must be prepared to provide further details if considered necessary.
Employer’s Response
The employer shall respond as soon as possible when a notice or complaint regarding workplace bullying is submitted. The same applies when there is a well-founded suspicion that bullying or other inappropriate conduct toward employees or managers is occurring within the workplace.
The situation shall be assessed in cooperation with the workplace safety representative, external consultants if needed, and other relevant parties. The employer shall take appropriate measures and ensure follow-up so that bullying does not recur in the workplace.
Managers Are Responsible for the Overall Working Environment
The regulation on measures against bullying clearly states that the employer/manager has a duty to address any bullying issues that arise. Bullying in the workplace is a serious problem that managers are obligated to deal with. Managers are also required to create working conditions in which bullying cannot thrive and are responsible for developing a plan for prevention and response to bullying.
The purpose of the regulation is to promote internal prevention and action against bullying in the workplace. The employer is obliged to ensure that bullying, sexual harassment, gender-based harassment, or violence is not tolerated in the workplace and must make it explicitly clear to employees that such behaviour is prohibited.
Furthermore, the employer is responsible for preparing a prevention and response plan against bullying. The employer shall prepare a prevention plan that specifies, among other things, the actions to be taken in order to prevent bullying, sexual harassment, gender-based harassment, and violence in the workplace.
The employer shall also specify the measures to be taken in the event of a complaint, notification, or reasonable suspicion that bullying, sexual harassment, gender-based harassment, or violence is occurring or has occurred in the workplace, or when the employer becomes aware of such behaviour.
The employer is also responsible for conducting a risk assessment, which shall include identifying risk factors related to bullying, sexual harassment, gender-based harassment, and violence in the workplace.
An employee who believes they have been subjected to bullying, sexual harassment, gender-based harassment, or violence in the workplace, or who has a well-founded suspicion or knowledge of such behaviour, shall report the matter to the employer or the workplace safety representative. If the employer fails to respond, the matter may be reported to the Administration of Occupational Safety and Health (Vinnueftirlitið).
The Administration of Occupational Safety and Health is a neutral body that never takes direct part in resolving cases within the workplace. The responsibility for eliminating bullying lies entirely with the employer. However, the Administration shall ensure that the employer takes appropriate corrective measures if they have not fulfilled their obligations in a satisfactory manner regarding workplace health and safety.