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Moral harassment at work: what remedies?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Humiliation, criticism, intimidation, insults, discredit, demeaning tasks, sidelining, deprivation of working tools, unjustified sanctions... In the event of suffering at work due to psychological harassment, where to turn for effective defense? Service-public.fr enlightens you.
Moral harassment at work manifests itself in repeated malicious acts that are prohibited by law, even in the absence of a hierarchical link between the victim and the perpetrator.
These acts result in a deterioration of the victim's working conditions and may affect his or her rights and dignity, impair his or her physical or mental health or jeopardize his or her professional future.
If you are a victim of such acts, you can benefit from the protection of the law, whether you are an employee, trainee or apprentice in the private sector or a permanent, contractual or trainee civil servant in the public sector.
What are the remedies?
- For the private sector:
- alert the CHSCT or the Social and Economic Committee (ESC) if it has already been set up and the staff representatives;
- prevent labor inspection;
- initiate mediation proceedings with the perpetrator;
- refer the matter to the labor court for compensation for the damage suffered;
- prosecute the perpetrator of the harassment;
- refer to the Defender of Rights.
- For the public sector:
- alert the CHSCT or the Social and Economic Committee (ESC) if it has already been set up and the staff representatives;
- initiate mediation proceedings with the perpetrator;
- take your administration to the administrative court and seek compensation for your loss;
- prosecute the perpetrator of the harassment;
- refer to the Defender of Rights.
FYI
Persons who denounce or fight psychological harassment may not be punished for that reason except where the whistleblower is acting in bad faith and makes the denunciation for the sole purpose of causing harm.
Please note
Your employer, or your administration, has an obligation to take all necessary measures to prevent psychological harassment by bringing to the attention of its employees, or its agents, the provisions of the Penal Code punishing psychological harassment, and to collaborate with the representatives of the employees and, if available, the Health, Safety and Working Conditions Committee (CHSCT).
Occupational health can also help prevent psychological harassment in the company.
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