A summary of what you need to know:
> Reminder on the labor code.
> What not to confuse.
> History of harassment.
Moral harassment: legal definition and its consequences
Moral harassment was introduced into the labor code
in 2002.
It is defined as follows:
“No employee should be subjected to repeated acts of moral harassment which have as their object or effect a deterioration of their working conditions likely to undermine their rights and their dignity, to alter their physical or mental health or to compromise their future. professional ".
This definition has been extended to trainees or employees undergoing training.
Moral harassment is also criminalized and is subject to a 2-year prison sentence and/or a fine of 30,000 euros.
Historical
The first consultation for moral harassment dates back to 1997.
In 1998, Hirigoyen introduced the word in one of his books. It was in 2002 that moral harassment was introduced into the labor code and the penal code.
In 2006, an obligation of result appeared in the protection of the mental health of company employees.
In 2008, the Labor Inspectorate created the notion of institutional moral harassment.
An agreement between the social partners was signed in 2010 against violence at work.
2012 is the year in which proceedings for the indictment of 3 directors of France Telecom were opened.
Legal difficulties
From a legal point of view, moral harassment is difficult to define in relation to a misunderstanding, a conflict, an incompatibility in the understanding and application of managerial rules…..
It is better in these conditions to settle things differently because a legal action in this context, in addition to the cumbersomeness of a procedure, inevitably causes collateral damage.
