Together we can fight bullying, discrimination and sexual harassment in the film and music sector!
Help bring abuses to light and share the video!
Silence protects – but only the perpetrators.
Bullying, discrimination and sexual harassment are not only unacceptable, they are also punishable by law! Nevertheless, assaults and abuses are far too often kept quiet – out of fear of professional repercussions, insecurity about what has happened or out of shame. This culture of silence only protects one group: the perpetrators.
Quick help for those affected!
The most important thing is that those affected know who they can turn to. Employers should communicate clearly and visibly where they can get help and that their personal rights and, if desired, their anonymity will be protected!
Trusted persons in internal or external contact points can offer support. Internal and external points of contact have various advantages and disadvantages; depending on the severity or complexity of the incident, both types of contact points can be used.
Internal or external contact point?
Internal
contact point
Advantages:
- Immediate proximity of the trusted person (faster response, knowledge of local conditions)
- Anti-discrimination becomes a “matter for the boss”
- Consequences can be implemented.
Disadvantages:
- Dependencies and restraint on the part of those affected if the person of trust has production responsibility
- Delayed implementation due to time pressure on the project
- Trusted person may lack know-how (special education/training)
External
contact point
Advantages:
- Anonymity and impartiality are preserved
- Experts for labor law and legal advice
- Know-how and experience
Disadvantages:
- Employers do not find out that an incident has occurred and cannot take any action
- Those affected are left to their own devices in the professional setting
External contact points for the film and music sector
#we_do
The contact and advice center for film and television professionals in Austria supports those affected in cases of abuse of power, exploitation, harassment and discrimination. Additionally, it assists production companies with prevention efforts and raising awareness.
vera*
The vera* Trust Center against Harassment and Violence in the arts, culture, and sports offers guidance and support to individuals affected by harassment and violence. It informs them of their options and provides expert advice and assistance.
Ombud for Equal Treatment
The Ombud for Equal Treatment is an independent advice and support center for discrimination experiences. The Office of the Equal Treatment helps to enforce rights and offers free advice as well as prevention consultation for businesses.
How employers can help
If an assault is reported, the protection of the person affected comes first. Employers must ensure that the person is not exposed to any further assaults!
At the same time, it is essential to avoid prematurely judging the accused or publicly denouncing them.
The Ombud for Equal Treatment recommends the following procedure for employers:
- Follow up on a report of harassment immediately
- Provide initial remedy
- Clarify the facts
- Adjust the remedy
Following the report, immediate steps must be taken to ensure the safety of the person affected. Ideally, this would include transferring the accused (or affected) person to another workplace or to another project. At the same time, the person affected should – if they wish – be given emotional support, if necessary, with psychological counseling. Beyond the legal requirements, employers should discuss the desired steps with those affected and listen to them. And: If there is any uncertainty about how to proceed, companies can also contact third party advice.
The forms of remedy available to employers are:
- Admonishment
- Transfer
- Dismissal
- Dismissal with immediate effect
The presence of a trusted person provides effective protection against further assaults.
Side note: Termination of employment in the film and music sector
An employment relationship can be terminated in different ways. The relevant statutory regulations or collective bargaining provisions apply:
- notice by the employer in compliance with the notice period
- notice by employees in compliance with the notice period
- dismissal with immediate effect
- early departure for health reasons
- through a mutually agreed termination
Stay in the light
The situation must be monitored even after a remedy has been implemented. It must be determined to what extent the affected persons should continue to be supported.
In order to prevent rumors and tensions at the workplace and to prevent incidents in the future, the team should also be informed that, and which, steps have been taken – and that abuse will not be tolerated.
Employer liability
If employers fulfill their duty of care and ensure a safe and violence-free working environment, this not only protects those affected, but also the company as a whole. Bullying, discrimination and sexual harassment can have serious social, legal and financial consequences for the company, such as compensation payments under the Equal Treatment Act or the repayment of public funding.
If an employment relationship is terminated prematurely or a project is canceled as a result of a serious violation, considerable additional costs may arise, such as the repayment of contract sums due to missed deadlines or non-compliance with the completion guarantee. Interested parties, such as funding bodies and co-production partners or broadcasters/streamers, should be contacted immediately in the event of an incident.
Employer safeguards
Employers bear a great deal of responsibility. They have the duty to protect the team – not only from abuse, but also from negative economic consequences. It is therefore advisable to take precautions in service and work contracts.
FAMA Guidelines and Code of Conduct/Ethics
In its guidelines, the trade association recommends contract stipulations that existing codes of conduct/ethics are an important part of the contract and the employees’ duties. All breaches of these codes of conduct constitute a material breach of employment duties, which will be punished with appropriate consequences under employment law.
Compensation and liability agreements
Depending on the legal framework and the economic possibilities of the individual employees, compensation and hold harmless agreements can be included in the service contract. These include, in particular, damages in connection with the inability to continue production, additional costs due to missed deadlines or the repayment of contract amounts due to non-compliance with the completion guarantee.
Contractual penalties if continued employment is not possible
Contractual penalties may be imposed if filming is interrupted or if a change in cast becomes necessary due to unacceptable conduct that hinders continued employment.
FAMA service: A contract template including corresponding clauses is available upon request at fama@wko.at.
Preventive measures
Ideally, no incidents should occur at all. Assaults can not only lead to physical and mental illness, they are extremely unprofessional, disruptive and demotivating and should not be tolerated under any circumstances, especially in the workplace. Regardless of specific occurrences, organizations must foster an environment where bullying, discrimination, and sexual harassment are unacceptable, as part of their duty of care.
Clear communication of a zero-tolerance policy
The management should communicate clearly at the start of every project that bullying, discrimination and sexual harassment will not be tolerated. In the event of an incident, even a generic disclosure of an offense – without mentioning names or details – can increase vigilance within the team.
Code of conduct
A jointly developed code of conduct should be signed by all workers and contractors – and violations should be punished. (see Code of Conduct/Ethics)
Contractual clauses
The contractual clauses on the financial responsibility of perpetrators described in the section “Employer protection” not only act as deterrents, but also protect the company and its employees from financial risks.
References to internal and external contact points
Everyone should know how they can react and where they can get help. Contact information of trusted persons and internal and external contact points should be made available.
Training and briefings for cast & crew
Joint training sessions with experts, in which legal provisions and procedures in the event of incidents are discussed, are effective and useful in order to avoid assaults. The same applies to briefings during warm-ups and pre-production meetings.
Boost moral courage
All workers should be encouraged to address and report incidents of bullying, discrimination and sexual harassment immediately. It is better to report it once too often than once too little.
All these measures should be evaluated on an ongoing basis and adapted if necessary!
Further information:
Consulting service for businesses
Regional economic chambers (social policy departments)
WK Burgenland
T +43 5 90 907 2320
E wkbgld@wkbgld.at
WK Oberösterreich
T +43 5 90 909
E service@wkooe.at
WK Tirol
T +43 5 90 905 1111
E arbeitsrecht@wktirol.at
WK Kärnten
T +43 5 90 904 777
E sofortservice@wkk.or.at
WK Salzburg
T +43 662 88 88 316
E sozialpolitik@wks.at
WK Vorarlberg
T +43 5522 305 1122
E rechtsservice@wkv.at
WK Niederösterreich
T +43 2742 851 17301
E sozialpolitik@wknoe.at
WK Steiermark
T +43 316 601 601
E rechtsservice@wkstmk.at
WK Wien
T +43 1 514 50 1690
E arbeitsrecht@wkw.at
Ombud for Equal Treatment
T 0800 206 119
E gaw@bka.gv.at
Legal basis
Collective Bargaining Agreement For Film Professionals 2024
Collective Bargaining Agreement for the film and music sector (except film professionals)
The corresponding sample clauses can be found in the download area here on the website of the Film/Music Association.
Contact points
#we_do
The contact and advice center for film and television professionals in Austria supports those affected in cases of abuse of power, exploitation, harassment and discrimination. Additionally, it assists production companies with prevention efforts and raising awareness.
vera*
The vera* trust center against harassment and violence in art, culture and sport supports those affected by harassment and violence, shows them possible courses of action and accompanies them through the next steps.
Ombud for Equal Treatment
The Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft GBA) is an independent institution in Austria tasked with preventing and combating discrimination. It offers advice and support to people who report an incident.
Männerinfo (crisis counseling for men)
The crisis hotline ‘Männerinfo’ supports boys and men in acute crises and conflict situations and provides advice and assistance.
Gewaltinfo (platform against violence)
Gewaltinfo is a platform against violence provided by the Austrian Federal Chancellery. The platform lists hotlines and emergency numbers, and provides advice, online information and contact details for aid organizations.
Thank you
Verena Altenberger
for her strong voice against bullying, discrimination and sexual harassment
(English version voiced by Julie McCarthy)
Sunshine Mastering
for the professional and pro bono sound production of the film
Diagonale
for bringing our campaign „to light”