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harassment

Last Updated on Friday, 17 June 2011 07:14 Written by Administrator Friday, 17 June 2011 07:11

Bullying, as a legal concept, applies only to labor relations. This is repeated acts intended to degrade the working conditions of the victim. They should have resulted in actual or only foreseeable, the infringement, dignity, health or future professional victim.

Mediation, use of labor inspection, legal action prud'hommale and / or criminal ... : Several solutions are now possible to defend yourself.

Labour Code and the Penal Code

Established by the Social Modernization Act of January 17, 2002, bullying has made its entry into the Labour Code and the Penal Code. Harassment is now punishable by up to one year imprisonment and a fine of € 15,000. The sanctions, dismissals and other "discrimination" are resulting void. The law applies to the entire world of work: private and public sector hierarchical harassment and harassment between colleagues.

What court?

The victim can apply directly to Justice: the industrial tribunal to request the nullity of the termination of the employment contract or any other provision arising from the harassment, the District Court for the imposition of criminal sanctions. In case of dispute before the industrial tribunal, the victim must provide specific facts and consistent. It is the author of actions to demonstrate that the facts did not constitute harassment. The victim may be represented by a union representative in the company, subject to consent in writing.
Before the criminal judge, it is the prosecutor to prove against the perpetrator, the victim may bring a civil action and seek damages.

What can be done before a lawsuit?

Other issues before the court action: a person who considers himself a victim of bullying at work may seek the intervention of an inspector or a doctor. New, the law provides for the establishment of an ombudsman for bullying. Chosen from outside the company, the mediator from a list prepared by the Prefect in each county. It can also respond to sexual harassment, punishable by law since 1992

Protection of victims and witnesses

The law intended to protect the victim of bullying at work and witnesses who have denounced these acts. It prohibits any professional sanction against them "for having shown such activities or have relationships."

While harassment is not necessarily ...

Sometimes it may be an isolated or even conflicts, disagreements that generate tension, but are not necessarily acts of harassment and may in some cases justify a sanction or dismissal. It may be so, for example, when an employee causes itself reactions of distrust of his colleagues refuse to talk. Be careful not to confuse the duties arising from the relationship of subordination (ie the employment contract), the command authority of the employer, its requirements, the actual harassment in labor relations.