Sexual harassment

In labour relations, sexual harassment is any behaviour with sexual connotations, or any other behaviour based on sex, that the guilty party knows or should know affects a person's dignity, when one of the following conditions is met:

1. the behaviour is unwanted, untimely, abusive and offensive for the person subjected to it;
2. a person's refusal or acceptance of such behaviour on the part of their employer, an employee, a customer or a supplier is used explicitly or implicitly as the basis for a decision affecting the person's rights to vocational training, employment, keeping their job, promotion, compensation, or any other employment-related decision;
3. such behaviour creates an intimidating, hostile, degrading, humiliating or offensive environment for the person subjected to it.

The behaviour can be physical, verbal or non-verbal.

The intentional nature of the behaviour is presumed.

The Inspectorate of Labour and Mines (Inspection du travail et des mines) is responsible for ensuring the enforcement of the provisions of the Luxembourg Labour Code.

Labour Code Art. L. 245-1. – 245-8.