Moral harassment at work affects 1 in 5 women and 1 in 7 men in France. As the site www.service-public.fr reminds us, this scourge is characterized by “repeated actions which have for object or for effect”;
A deterioration of the employee’s working conditions; An infringement of these rights and his dignity; An alteration of his physical or mental health or a compromise of his professional future.
This situation is confirmed when “psychological pressure is subjected” to others. Ditto in the event of humiliating or discriminatory remarks. “The fact of denying the fragile state of health of his employee by the employer, when the latter has been informed, can constitute moral harassment. “
Other reprehensible acts: “sending photos or messages of a sexual nature, having the consequence of undermining dignity”, “leading his employee into a state of overwork, professional exhaustion and depression”, “verbal assault and physical ”,“ denial of pregnancy and endangering the life of the employee ”. There is also the fact of imposing “a transfer despite the refusal of the employee”, “to ask, repeatedly, an employee to perform tasks unrelated to his primary qualification”, “to sanction suddenly, without real reason, an employee present for a long time in the company, while his work is without reproach ”. Modifying “the employment contract of his employee without his consent” is also considered as moral harassment.
The weight of words
With the advent of teleworking, a new form of harassment has gained momentum: online bullying. Several players in occupational health have recently echoed this, notably relaying the impact of authoritarian and anxiety-provoking turns of phrase in emails. Sometimes insidious, sometimes aggressive, whether unconscious or voluntary, these bad reflexes have an advantage: they encourage us to dive into the world of non-violent communication.
The employee, colleague and employer
An employee, a trainee, an apprentice may be the victim of moral harassment from his employer (or his employer’s spouse) or from one or more colleagues. The employer can also suffer from it on the part of the employees.
In France, according to article 222-33-2 of the Penal Code, moral harassment is punishable by “two years’ imprisonment and a fine of 30,000 euros”. The culprit can also “be condemned to pay damages (moral damage, medical expenses…)”.
Note: if you are concerned, do not hesitate to speak about your situation to the occupational physician, to the personnel representatives of your company. You can also report the problem to the labor inspectorate. You will find all the contact details region by region by clicking on this link. It is also possible to appeal to a mediator and / or to appeal to the Prudhommes Council. Finally, to relieve yourself and get a possible sick leave, you can also talk to your doctor.
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