Summary
Definition
Moral harassment is all “repeated acts (…) which have as their object or effect a deterioration in working conditions likely to infringe the rights of the employee and his dignity, to alter his physical or mental health or jeopardize his professional future” (articles L.1152-1 to L.1152-4 of the Labor Code).
Note: psychological harassment can be the act of any colleague, regardless of your hierarchical relationship.
Harassment situations
You may be a victim of bullying at work if you feel:
- wanton wickedness, sarcasm, perversion;
- that someone tries to put you aside, either out of competition (if it comes from a colleague), or so as not to bear the consequences of your dismissal;
- that you are being pressured to improve your productivity.
Manifestations of bullying
The following are potentially considered harassment:
- refusal to communicate, threats;
- shelved or overworked;
- degrading working conditions;
- the absence of instructions or contradictory instructions, the assignment to tasks which are not within your competence;
- repeated criticism, insults, humiliation, unjustified remarks that go beyond the scope of your work.
Filing complaint
You can file a complaint with the industrial tribunal and the police station or the gendarmerie.
As a potential victim, you legally risk nothing by coming forward. You cannot be fired because of your moral harassment complaint. Case law requires companies to protect their employees from this problem.
Confront the source of your harassment first, to try to clarify the situation before taking legal action.
Try to initiate a mediation procedure within the company. The mediator must be chosen by mutual agreement between the parties. It may well be a person belonging to the company (staff representative, human resources director, etc.). The mediator then inquires about the state of relations between the parties and tries to reconcile them. In the event of failure, he must inform the “harasser” of any penalties incurred and of the procedural guarantees provided for the victim.
Gather all the evidence and testimonials from your professional entourage to support your complaint. The accused incurs dismissal for moral harassment and criminal and financial penalties (2 years’ imprisonment and a fine of 30,000 euros).