Answer ... Article 309bis(B) of the Penal Code forbids bullying and considers this a crime. ‘Bullying’ is defined in the code as any statement or display of the offender’s strength or control, or exploitation of the victim’s weakness or situation that the offender believes would offend the victim – such as gender, race, religion, physical description, health or mental condition, or social status – with the aim of:
- intimidating the victim;
- making him or her a subject of ridicule;
- degrading him or her; or
- excluding him or her from his or her social environment.
The same article provides that, without prejudice to any more severe penalty stipulated in any other law, a person who is found guilty of bullying may be punished by imprisonment for at least six months or a fine of between EGP 10,000 and EGP 30,000, or both.
In addition, Articles 306bis(A) and (B) of the code provide that anyone who offends others in a public or private place through sexual or pornographic actions or insinuations may be punished by imprisonment for between two and four years and a fine of between EGP 100,000 and EGP 200,000, or both.
Therefore, any citizen can claim compensation before the criminal courts where he or she suffers from such crimes.
In order for an employee to seek compensation before the labour courts, he or she must have been subjected to harassment or bullying during working hours or for work-related reasons. That is, harassment or bullying during working hours or for work-related reasons incurs both criminal and civil liabilities: the criminal liability is before the criminal courts and the civil liability (compensation) is before the labour courts.
In relation to retaliation and victimisation, the Labour Law protects employees against abusive dismissal by the employer. In this regard, Article 120 of the Labour Law states that the termination of an employment contract based on skin colour, gender, marital status, family responsibilities, pregnancy, religion or political opinion will not be considered legitimate.
Furthermore, Article 122 of the Labour Law states that if an indefinite-term employment contract is terminated by the employer without justification, the employee may resort to the labour court to request compensation of:
- At least two months’ gross salary for each year of service for the same employer;
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Payment in lieu of notice – that is:
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- Two months’ gross salary instead of statutory notice where the employee has worked for the employer for up to 10 years; or
- Three months’ gross salary where the employee has worked for the employer for more than 10 years; and
- Any unused vacation days in the employee’s balance.
On the other hand, compensation for unjustified termination of fixed-term contracts should amount to the gross salary for the remaining period of the contract and any unused vacation days in the employee’s balance.