Workplace Harassment: Opinion of Imam Hafid, Lawyer

In practice, it is very difficult to reveal acts of sexual harassment and to prove them.


1-Does Moroccan law cover sexual and moral harassment?
Moroccan law covers sexual harassment on two levels. In the Labor Code, Article 40 considers sexual harassment as a serious fault on the part of the employer. In the Penal Code, Article 503-1 provides for a prison sentence of one (1) to two (2) years for any person who abuses the authority conferred upon them by their functions to harass others using orders, threats, constraints or any other means, in order to obtain sexual favors.
For moral harassment, which has a much broader meaning than sexual harassment, there is a legal void insofar as Morocco has not yet integrated this concept into its legislation. Elsewhere, in France in particular, moral harassment or mobbing
is prohibited by Article L.1152-1 of the Labor Code which states that "no employee shall be subjected to repeated acts of moral harassment which have the object or effect of degrading their working conditions likely to infringe their rights and dignity, impair their physical or mental health or jeopardize their professional future".

2- Jurisprudence takes moral harassment into consideration
This being said, jurisprudence, in a few decisions confirmed by the Moroccan Court of Cassation, takes this concept into consideration by considering the fact of exercising moral harassment on an employee as a serious fault on the part of the employer which may justify the employee leaving their job. This is considered disguised wrongful dismissal. The list of serious faults in Article 40 of the Labor Code is not exhaustive.
It should be noted that, in the context of employment relationships, harassment can also be the act of colleagues, superiors, members of management or clients and is generally expressed through suggestive remarks, requests for sexual favors and compromising invitations.

3- In practice, it is difficult to reveal acts of sexual harassment.
The harasser may also be of the same sex as the victim. For the employee, for example, the harassment they exercise on their colleagues also constitutes a serious fault on their part which may justify their disciplinary dismissal.
Unfortunately, in practice, it is very difficult to reveal acts of sexual harassment and to prove them. Working women, particularly those in the informal economy and domestic workers, are particularly vulnerable to exploitation and harassment.
Migrant workers, for their part, face greater risks due to the problems they face in finding employment, social isolation and the inability to defend their rights. In most cases, they cannot express themselves properly in the language of the host country to protest or file a complaint against the way they are treated.
But, even if it is difficult, proof of harassment, particularly sexual harassment, can be provided. To do so, measures must be taken. Starting by taking notes including the date, the place where the acts were committed, including what was said or done, mentioning witnesses as far as possible. Keep your notes in a private and safe place, for example at your home. The victim must keep records of compromising emails and SMS. It is also necessary to talk to other people in the workplace and check if they are facing the same problem with the harasser.

Obviously, staff representatives are there to listen to employees. Do not hesitate to talk to them.

Brahim Habriche.

Lavieeco.com