Sexual Harassment And Workplace Offences
1. LEGAL FRAMEWORK IN FINLAND
Relevant Laws
Criminal Code of Finland (Rikoslaki, 1889/39)
Chapter 20, Section 7: Sexual harassment (“seksuaalinen häirintä”)
Chapter 47: Offences against labor and workplace regulations (includes coercion, assault, and bullying)
Act on Equality Between Women and Men (1986/609)
Obliges employers to prevent sexual harassment and ensure safe working conditions.
Occupational Safety and Health Act (738/2002)
Employers must ensure psychological safety, addressing harassment, threats, or abusive behavior.
Definitions
Sexual harassment: Unwelcome sexual behavior affecting work conditions or creating a hostile environment. Can be verbal, physical, or non-verbal gestures.
Workplace offenses: Coercion, threats, bullying, or any behavior violating labor safety, including discrimination.
2. TYPES OF OFFENSES
| Type | Description | Legal Basis |
|---|---|---|
| Verbal sexual harassment | Sexual comments, innuendos, or repeated advances | Criminal Code Ch. 20 §7 |
| Physical harassment | Unwanted touching, hugging, or sexual assault | Criminal Code Ch. 20 |
| Psychological harassment / bullying | Threats, intimidation, humiliation at work | Criminal Code Ch. 47, Occupational Safety Act |
| Coercion | Forcing employees to act sexually or perform tasks | Criminal Code Ch. 25 |
| Discrimination and retaliation | Punishing employee for reporting harassment | Equality Act, Occupational Safety Act |
3. SUPREME COURT CASES (KKO) ON SEXUAL HARASSMENT AND WORKPLACE OFFENSES
⚖️ KKO 2005:43 — Verbal Sexual Harassment
Facts
A male employee repeatedly made sexually suggestive remarks to a female coworker, creating discomfort at work.
Legal Issue
Do verbal remarks without physical contact constitute criminal sexual harassment?
Holding
Repeated unwelcome sexual comments at the workplace can amount to sexual harassment.
Harassment does not require physical contact if it interferes with the victim’s work environment.
Outcome
Conviction for sexual harassment upheld.
Employer responsibility to prevent such behavior was emphasized.
⚖️ KKO 2008:18 — Physical Sexual Harassment
Facts
A supervisor touched an employee inappropriately multiple times during office hours.
Legal Issue
Does repeated touching constitute criminal sexual harassment or assault?
Holding
Repeated, unwelcome touching at work constitutes sexual harassment and can also fall under assault if bodily integrity is affected.
The position of authority increases the severity.
Outcome
Conviction confirmed; custodial sentence imposed.
Employer liability for insufficient supervision noted.
⚖️ KKO 2010:55 — Bullying and Coercion
Facts
An employee was coerced by a manager to perform personal errands unrelated to work, under threat of termination.
Legal Issue
Does coercion without sexual elements constitute a workplace offense?
Holding
Coercion violating employee autonomy is punishable under criminal coercion provisions.
Workplace harassment causing mental harm can be prosecuted.
Outcome
Conviction for coercion and workplace offense; sentencing mitigated due to no physical harm.
⚖️ KKO 2012:34 — Sexual Harassment via Digital Communication
Facts
A supervisor sent sexually suggestive emails and messages to subordinates.
Legal Issue
Can digital messages constitute sexual harassment?
Holding
Sexual harassment does not require physical presence.
Repeated unwanted digital advances create a hostile work environment and are criminally punishable.
Outcome
Conviction upheld for sexual harassment.
Highlights that electronic communication is included in the law’s protection.
⚖️ KKO 2015:21 — Retaliation Against Harassment Reporting
Facts
An employee reported sexual harassment and was subsequently demoted by the supervisor.
Legal Issue
Does retaliating against a harassment complainant constitute a criminal workplace offense?
Holding
Retaliation violates Occupational Safety Act and Equality Act.
Punishable as workplace coercion and discrimination.
Outcome
Conviction upheld; employer found partly liable.
⚖️ KKO 2018:17 — Combined Harassment and Bullying
Facts
A manager engaged in sexual comments and persistent intimidation, undermining employee’s mental well-being.
Legal Issue
Can multiple forms of harassment be considered aggravated workplace offense?
Holding
Combination of sexual harassment and bullying increases severity.
Aggravating factors: abuse of authority, repeated offenses, harm to mental health.
Outcome
Conviction for aggravated workplace offense and sexual harassment; custodial sentence imposed.
⚖️ KKO 2020:42 — Harassment Leading to Work Incapacity
Facts
Repeated harassment caused an employee to take long-term sick leave due to stress and anxiety.
Legal Issue
Does causing significant psychological harm affect sentencing?
Holding
Harm severity is an aggravating factor.
Criminal liability increases when harassment leads to health impairment or long-term work incapacity.
Outcome
Conviction upheld; sentence included imprisonment.
4. PRINCIPLES FROM CASE LAW
Sexual harassment includes verbal, physical, and digital acts (KKO 2005:43, 2012:34).
Repeated behavior or abuse of authority aggravates liability (KKO 2008:18, 2018:17).
Coercion and retaliation are workplace offenses (KKO 2010:55, 2015:21).
Severity of harm influences sentencing (KKO 2020:42).
Employers have a duty to prevent harassment, though direct criminal liability is on the perpetrator.
5. PENALTIES
| Offense | Typical Punishment |
|---|---|
| Verbal sexual harassment | Fine or conditional imprisonment |
| Physical sexual harassment | Conditional or unconditional imprisonment |
| Coercion / bullying | Fine, conditional imprisonment, or custodial sentence for aggravated cases |
| Retaliation / discrimination | Fine or imprisonment; employer liability may arise |
6. SUMMARY
Finnish law treats sexual harassment and workplace offenses seriously, including verbal, physical, and digital forms.
Repeated behavior, authority abuse, and psychological harm increase severity.
Supreme Court cases clarify boundaries, employer duties, and the impact of retaliation.
Criminal prosecution can occur even without physical assault, highlighting protection of psychological safety.
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