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Attempt an AMICABLE SOLUTION
Employees who are victims of moral harassment must not remain isolated. He must talk about it to his work colleagues, staff representatives and his superiors. He is advised to also contact occupational medicine to try to find an internal solution such as a change of position. The employee can also initiate a discussion with the supervisor concerned to try to defuse the conflict. Mediation can also be carried out by a work colleague or a staff representative.
Gather WRITTEN EVIDENCE
It is important to gather all the written evidence that can attest to the bullying. It is therefore advisable to keep all emails, letters and memos containing derogatory remarks or unjustified orders.
The employee can also ask his treating doctor or psychiatrist for certificates demonstrating the causal link between his condition and unbearable working conditions. The employee must also collect as many attestations as possible from current colleagues who have left the company who can testify to the actions of the superior in question.
Go to PRUD’HOMMES
Two solutions are available to the employee. He can first seize the prud’hommes while he is still in office in the company. But the procedure is long since it lasts from one to two years. The employee can therefore choose to resign, provided they have a solid file, and immediately request reclassification as dismissal before the industrial tribunal. Or an unjustified dismissal without real and serious cause with a view to obtaining damages.
It is also possible to file a criminal complaint. Harassment is punishable by one year of imprisonment and a fine of 15,000 euros.
DAMY law firm, Nice, Moral harassment at work, Updated 2022