Disparaging remarks, inappropriate proposals or even violent acts,… In France, harassment at work affects more than one in five employees, an already terrifying figure which continues to swell with the crisis. But that's no reason to give up! So, we breathe and react by following these recommendations.
What's this ? A boss who humiliates you, overwhelms you and overloads you with work... Punished by law, this offense occurs more specifically when "repeated acts occur, which have the effect of a significant deterioration in the working conditions of the trainee, employee or the public official". A situation that "impairs their rights and dignity, impairs their physical or mental health and/or jeopardizes their professional future",
What does the alleged stalker risk? Disciplinary sanctions, on the one hand, but also civil sanctions (paying damages to the victim) or even criminal sanctions (the offense is punishable by 2 years' imprisonment and a fine of €30,000).
What are the procedures?
The victim or the person accused of moral harassment can initiate a mediation procedure, via a mediator chosen by the two parties. "In the event of failure of conciliation, he informs the parties of the penalties incurred and the procedural guarantees provided for the victim", explains the website of the Ministry of Labor.
In the event of failure, the industrial tribunal (private sector) or the administrative court (public sector) can be seized. There, the victim must present facts allowing to presume the existence of moral harassment while the accused person will try to demonstrate that these facts do not constitute moral harassment. In a company, "any representative trade union organization may, with the written consent of the harassed person, take legal action in their place", specifies the ministry's website.
In criminal cases, the victim has 3 years from the facts to file a complaint and then bring a civil action. If the complaint is dismissed, she can file a complaint with civil action.
How to prove it? As soon as the employee is the victim of acts that may amount to moral harassment, he must keep evidence of it:emails, written or telephone messages, etc. It is advisable to make certificates from a treating doctor, a psychiatrist or a psychotherapist, showing the impact of these actions on the moral and physical health of the employee, as well as certificates from colleagues or hierarchical superiors. Note that this "harvesting" must be done over time to prove that these were indeed repeated acts.
What's this ? From (too) recurrent inappropriate remarks to blackmail at hiring/promotion to misplaced invitations and proposals, sexual harassment is "the act of repeatedly imposing on a person remarks or behavior with a sexual connotation which either undermine his dignity because of their degrading or humiliating character, or create an intimidating, hostile or offensive situation against him. It is assimilated to sexual harassment the fact, even if not repeated, of using any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator. facts or for the benefit of a third party. (article 222-33 of the penal code).
What does the alleged stalker risk? At the disciplinary level, the sanction can go as far as dismissal for serious misconduct. At the criminal level, "this offense is punishable by a sentence of 2 years' imprisonment and a fine of 30,000 euros increased in the event of aggravating circumstances" (if it is committed by a person who abuses the authority that give it its functions, on a pregnant woman, etc.). It should be noted that "the employer may be seized of acts of sexual harassment by staff representatives; he must then, without delay, carry out an investigation with the delegate and take the necessary measures to remedy this situation, ”notes the website of the Ministry of Government.
What are the procedures? The provisions cited below are those of the law of August 6, 2012, intended to reinstate in the criminal code the incrimination of sexual harassment repealed by the Constitutional Council on May 4, 2012 because of its vagueness. Only acts that took place after August 8, 2012, namely the publication of the law in the Official Journal, are taken into account. The complaint can be lodged with the public prosecutor, the police station, the gendarmerie or the dean of the investigating judges of the tribunal de grande instance.
How to prove it? The victim must prove the harassment, as for moral harassment:emails, written messages and certificates from health professionals and witnesses, any element going in this direction must be kept. "Employees who are victims or witnesses of sexual harassment may seek advice from the labor inspectorate, the occupational physician, staff representatives in the company, a trade union or an association whose purpose is, in particular, to combat sexual harassment or discrimination based on sex, morals or sexual orientation or identity", emphasizes the website of the Ministry of Labor.
Telling yourself that the situation is not normal, that it is against the law and that you can prove it.
Counterattack.
Collect as much evidence as possible.
Collect as many certificates as possible.
Do not hesitate to seek advice from unions and associations.
