Sexual harassment

Sexual harassment is characterized by imposing on a person, repeatedly, sexual or gender-based speech or behavior, which

• violate his dignity on account of their degrading or humiliating nature
• or create an intimidating, hostile, or offensive situation.

Sexual harassment also occurs when the comments or behavior are imposed on a worker by several persons, in a concerted manner or at the instigation of one of them, even if each of these persons has not acted repeatedly.

The same applies where the words or behavior are imposed on a worker successively by several persons who, even in the absence of consultation, know that such words or behavior characterize a repetition.

Furthermore, severe pressure on a worker for the purpose (real or apparent) of obtaining a sexual act is also considered sexual harassment, even if there is no repetition.

In the professional environment, there can be sexual harassment even if there is no hierarchical relationship between the victim and the perpetrator (between colleagues at the same level, different services...)

If the perpetrator has had physical contact with the victim, then it is a sexual assault, which is more severely punished.

If you are a victim of sexual harassment and your situation requires urgent law enforcement intervention, you can alert the police or gendarmerie.

In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.

In both the private and public sectors, employers have an obligation to take all necessary measures to prevent sexual harassment.

Information for workers

The employer must inform the workers of the texts which punish sexual harassment.

Rules and regulations He must include these texts in the draft and cite concrete examples of acts constituting sexual harassment.

Implementation of preventive actions

The employer must put in place measures to prevent sexual harassment and sexism.

It must raise awareness and train workers on sexual and gender-based harassment.

The employer can rely on the Occupational Health and Prevention Service (OHS). This service has been superseded since 1^er April 2022 Occupational Health Service (OSH).

The main tasks of the SPST shall be the assessment and prevention of occupational risks and the implementation of health promotion measures at the workplace.

Each SPST must therefore include the following measures in its program:

• Prevention of occupational risks, including strengthened advice and support for companies in drawing up their single occupational risk assessment document
• Conduct of actions to prevent risks to the health of workers
• Individual monitoring of the health status of each employee, throughout his activity, through the implementation of all the monitoring and medical visits provided for by the regulations
• Prevention of occupational disintegration, through the establishment and operation of an operational unit to accompany employees at risk of leaving employment because of their state of health

Training of workers' representatives

The employer has an obligation to finance the training of workers' representatives.

Thus, elected members of the Social and Economic Committee (ESC) must receive a minimum of 5 days of training in health, safety and working conditions.

If they are reappointed, they must receive an additional 3 days of training.

Members of the Commission on Health, Safety and Working Conditions (CSSCT) receive an additional 5 days of training.

As of March 31, 2022, the single occupational risk assessment document (Duerp) can no longer be developed by the employer alone.

It is obliged to involve occupational health referees, the SPST and EESC members in the preparation of the document.

Duerp must now be stored for at least 40 years.

Monitoring the health of workers

As a victim of sexual harassment at work, you can also benefit from the occupational health measures that employers have an obligation to put in place.

As of March 31, 2022, you can benefit from remote medical visits, provided that the arrangements used respect the confidentiality of the exchanges.

You can also benefit if you are in the conditions, from the new mid-career medical examination which must be offered to workers within 2 years before their 45th birthday. This medical examination is intended to detect the risk of occupational disintegration

Finally, if you have a work stoppage of more than 30 days, you can benefit from a liaison appointment, in the presence of the occupational health and prevention service.

This appointment is not a medical examination, it is intended to inform you that you can benefit from the following devices:

• Measures to prevent occupational disintegration
• Pre-restart visit
• Individual measures for fitting-out, adaptation or alteration of the workstation

Against the perpetrator

If you are a victim of sexual harassment at work, you can file a criminal complaint against the alleged perpetrator(s).

The complaint must be filed within 6 years after the last act (a gesture, a statement...) of harassment.

Justice will take into account all elements of harassment even if the events took place over several years.

If the complaint is closed and you wish to continue the procedure, you can file a complaint. civil party claim.

You can get a lawyer to help you.

Against the employer

The employer must take all necessary measures to prevent acts constituting sexual harassment. If they have not met their legal obligations to prevent, you can sue them for compensation.

The procedure for seeking compensation from the employer may be initiated in parallel with the lodging of a complaint against the alleged perpetrator of sexual harassment:

• If you are in the private sector, you can enter the labor council
• If you are a public official, you can enter the administrative tribunal. You can request the functional protection to cover the costs of the proceedings.

As a victim, you are not required to inform your employer of the complaint against the alleged harasser.

This procedure may continue at the same time as the claim for compensation against the employer.

These 2 actions can target different people.

The employer will have to demonstrate that the facts presented by you do not constitute sexual harassment.

People who report or combat sexual harassment cannot be punished or dismissed.

Defender of Rights

Since sex is one of the criteria of discrimination prohibited by law, and work is one of the situations in which discrimination is punishable, you can also refer the case to the Defender of Rights. This applies both to the perpetrator and to the employer.

Sexual harassment is a offense punishable by up to 

• 2 years in prison
• and €30,000 fine

In cases of abuse of authority (e.g. by a superior), penalties can be as high as:

• 3 years in prison
• and €45,000 fine

These aggravated penalties shall also apply where sexual harassment has been committed in any of the following situations:

• A person whose particular vulnerability due to illness, disability, physical or mental impairment or pregnancy is apparent to or known to the perpetrator
• On a person whose particular vulnerability or dependence resulting from the precariousness of his economic or social situation is apparent or known to the perpetrator
• By several persons acting as perpetrators or accomplices

The perpetrator of sexual harassment may also be ordered to pay damages to his victim, in compensation for his loss.

In addition, any private sector employee who has engaged in sexual harassment is liable to disciplinary sanctions.

The same applies to any public official responsible for the same conduct, according to the public sector sanction procedures.