Harassment (moral, sexual, and discriminatory) remains a scourge in our society today. In the workplace, and to strengthen the rights of victims of moral harassment, a new law has come into effect! According to the new legislation, moral harassment is defined as any behavior that, through repetition or systematization, undermines a person’s dignity or psychological or physical integrity.
Obligations
- It is important to recall that:
- Employers, employees, clients, and suppliers must refrain from any form of moral harassment.
- Employers must ensure that any moral harassment against their employees, of which they become aware, ceases immediately.
- Employers must implement the following measures to protect employees from moral harassment:
- Define the resources available to victims.
- Investigate incidents promptly and impartially.
- Raise awareness among employees and managers about management practices and applicable sanctions.
- Inform staff representatives or, in their absence, all employees of the employer’s obligations.
- Inform and train employees.
Victims
- It is worth noting that no action may be taken to the detriment of the victim, and they must not be subjected to any form of retaliation.
The Role of the ITM
- Regarding the mission of the Inspection du Travail et des Mines (ITM), Marco Boly emphasized:
“Anyone affected can contact the ITM at any time for information or to file a complaint. The ITM will handle the case, interviewing the victim, the alleged perpetrator, and possibly other witnesses as well as the employer. A report will be submitted to the employer no later than 45 days after the case file is received.”
Sanctions
Administrative sanctions: €25 to €25,000
Criminal penalties: €251 to €2,500
The ITM Communication Campaign
- As part of its prevention mission, the ITM has launched a communication campaign to raise awareness and put an end to workplace harassment.
- For victims and witnesses, the campaign delivers a reassuring message, encouraging them to contact the ITM with confidence. For alleged harassers and employers who remain inactive, the campaign signals the likelihood of sanctions. The ITM reinforces its role as a protector of victims and a guarantor of compliance with moral harassment laws.
Examples of Harassment
- Behaviors constituting moral harassment may include:
- Insults, mockery, or repeated derogatory remarks.
- Threats or intimidation.
- Constant criticism or unwarranted reprimands.
- Excessive pressure or demands.
- Abuse of power or authority.
- Psychological degradation.
- Racist jokes.
- Isolating or excluding the targeted individual from certain activities or information.mations la personne visée