The new law obliges the employer to adopt measures to put an end to any situation of harassment of which it becomes aware.
Luxembourg
The new law obliges the employer to adopt measures to put an end to any situation of harassment of which it becomes aware.
The law that protects workers from moral harassment at work is already in force. The legislation began to be applied on Sunday. It is a law that protects workers from harassment, obliging the employer to adopt measures to put an end to any situation of harassment that it becomes aware of.
Among these measures are, for example, the identification of the means to be made available to the victim, the quick and impartial investigation into the facts and the awareness of workers and managers about harassment.
If the harassment persists after the measures have been taken or if the employer refuses to act, the worker or the staff delegation must appeal to the Inspecção do Trabalho e das Minas (ITM). It is then up to the body to assess the case and draw up a report with recommendations to resolve the situation. If this is not respected, an administrative fine will be imposed on the employer.
Fines
With regard to criminal sanctions, failure to comply with measures to protect workers against moral harassment and the prohibition of reprisals can result in fines ranging from 251 to 2,500 euros. Amount that doubles in case of recurrence within two years. The law also provides for administrative fines that could reach 25,000 euros, if ITM orders and recommendations are not respected.
The law also stipulates that victims cannot suffer reprisals for having denounced the situation
The new law defines moral harassment as “all behavior that, through its repetition or systematization, affects the dignity or psychological or physical integrity of a person”. At stake are acts committed in the workplace, but also during work trips, training, communication about work (whatever the means used) and even outside normal working hours.
The law covers workers, trainees, people in vocational training (‘apprentis’) and pupils and students working during holidays.
Article: Diana Alves | Photo: Shutterstock
