Employee Protection Act

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Basic data
Title: Law to protect employees from sexual harassment in the workplace
Short title: Employee Protection Act
Abbreviation: BeschSchG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Employment Law
References : 8054-1
Issued on: June 24, 1994
( BGBl. I pp. 1406, 1412 )
Entry into force on: September 1, 1994
Expiry: August 18, 2006 (Art. 4 G of August 14, 2006, Federal Law Gazette I, p. 1897 )
Weblink: Text of the BeschSchG (PDF; 12 kB)
Please note the note on the applicable legal version.

The German Employment Protection Act, valid from 1994 to 2006, served to protect employees from sexual harassment in the workplace. The law was replaced in 2006 by the General Equal Treatment Act.

Goal and content

The aim of the Employment Protection Act was to “preserve the dignity of women and men by protecting them from sexual harassment in the workplace” (Section 1).

The law required that employees should be protected from sexual harassment in the workplace by their employers and supervisors . In response to complaints from those affected, the facts of the matter had to be examined and appropriate measures under labor law such as warnings , implementation, transfer or dismissal and the necessary legal and personal measures had to be taken.

The provisions of Sections 84 and 85 of the Works Constitution Act remain unaffected by the right of those affected to lodge a complaint . When measures are taken, the rights of the works council according to Section 87 (1) No. 1, Sections 99 and 102 of the Works Constitution Act and of the Staff Council according to Section 75 (1) No. 2 to 4a and Section 3 No. 15. Section 77 Paragraph 1 No. 2 and Section 79 as well as the rights in personnel matters of civil servants according to Sections 76, 77 and 78 of the Federal Personnel Representation Act and according to the corresponding provisions of the personnel representation laws of the federal states are unaffected. For female and male soldiers , the provisions of remained Soldatengesetz , the Military Disciplinary Code and the Military Complaints Regulations unaffected.

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