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Moral harassment , historically linked to the field of work, is now recognized within the family unit.
The law defines harassment as the act of harassing others through repeated acts, the effect or aim of which is to deteriorate working conditions likely to infringe the rights and dignity of the employee, to alter their mental health or physical or compromise his professional future.
Two conditions:
– repetition of actions
– deterioration of working conditions
Harassment can come either from a superior towards his subordinates (most common case), or from a subordinate towards a superior, or even between subordinates. Since July 9, 2010, moral harassment is no longer limited to the field of work but now includes the family unit.
It is difficult to draw up an exhaustive list of acts, but there are three recurring aspects:
– disempowerment: the employee is assigned to tasks which are not correlated to his functions.
– physical isolation of the employee from colleagues or the public.
– insults, mockery, denigration and humiliation in public against the employee.
However, there is not always moral harassment. It is normal for your employer to control, monitor and reprimand you for your work, but this does not necessarily amount to psychological harassment. Finally, the work climate may be tense, but this will not necessarily constitute a proven form of moral harassment.
If you think you are a victim of moral harassment, you have the possibility of taking different jurisdictions to obtain compensation for your damage: –
criminal proceedings, to prosecute the perpetrator of the harassment before the criminal court.
– civil courts: judicial tribunal, industrial tribunal.
Since the line is difficult to define between what constitutes harassment and what does not, it is suggested to seek advice from a lawyer.
NB
Beyond this boundary of knowing what is or is not harassment, what about the qualification of harassment, moral or sexual?
In 2012, the legislature repealed the 10-year-old law, deeming it too vague, and rendered all pending cases null and void.
On another level, and as long as said harassment affects the workplace, we must quickly deal with the emotion aroused after this removal, define what sexual harassment is and its degree of seriousness.
In this regard, as soon as it comes to exchanging a position or obtaining a promotion, demanded under the threat of a sexual counterpart, an “environment of intimidation and hostility” is thus created, that the harassment whether repeated or not, with or without the intention of necessarily leading to a sexual act.
If you say no and you are penalized, then you can see that discrimination penalized. All this will apply both to the field of work and to the refusal of housing.
DAMY law firm , Nice, Harassment, Updated 2022
