Psychological harassment (bullying)

In working relationships, psychological harassment (bullying) is any conduct that, because of its repetitive or systematic nature, offends a person's dignity or their psychological or physical integrity.

Business trips, vocational training and work-related communication by any means whatsoever, even outside of normal working hours, are integral parts of a job.

Psychological harassment (bullying) is a phenomenon that consists of repetitive acts of animosity committed by a group or an individual (maltreatment, teasing, deprecation) towards colleagues, regardless of their hierarchical position.

When bullying in a working relationship is brought to the attention of the employer, they must take measures to immediately the bullying to an end.

If the bullying continues after measures have been put in place, or if the employer fails to take adequate action, the employee in question, or the staff representative, with the agreement of the employee in question, may refer the matter to the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM).

The ITM will hear the employee who believes they have been the victim of bullying, as well as the presumed perpetrator of the bullying. They may also hear other employees, and the employer or its representative.

After the matter has been investigated and the parties have been heard, the ITM will issue a report containing, where appropriate, recommendations and suggested measures to stop the bullying.

No later than 45 days after receiving the file, the director of the ITM, or their representative, will send the full report to the employer in question. If the bullying is confirmed, the director of the ITM will set a deadline for the employer to take the necessary measures to bring an immediate end to the bullying, based on the information contained in the report.

If the duly notified order is not heeded within the allotted time frame, the director of the ITM may fine the employer, pursuant to Article L. 614-13 of the Labour Code.

Labour Code Art. L. 246-1. – 246-7.