Workplace Moral Harassment
4 August 2014
Read by 3554 persons
Patrick Bertoncelli, president of the Association of Victims of Workplace Harassment (AVHT)
When does workplace moral harassment begin?
We can talk about workplace moral harassment as soon as a superior, colleague, or subordinate repeatedly makes remarks affecting the rights and integrity of a person. This can include unfounded remarks about work aimed at destabilizing the victim, criticism of their physical appearance, ethnicity, religion, union membership, etc. Harassment can also be said to occur when a superior, without reason, changes an employee's hours, refuses their vacation at the last minute, leaves them without work and gives their files to an inexperienced intern, etc.
Who is most exposed to moral harassment?
A few years ago, moral harassment mainly affected women, especially when they were pregnant or returning from maternity leave. Attempts were made to break them so they would leave the company on their own and avoid paying them compensation. Today, with a difficult job market, we see that moral harassment affects both men and women and regardless of profession. Victims are most often people at the end of their careers, who are pressured to leave the company cheaply and be replaced by younger people who will be given a lower salary. "Protected employees" (staff and union delegates) for whom the labor inspector must give authorization in case of dismissal are also frequently victims of harassment.
How to try, first of all, to calm the situation?
As soon as you feel you are the victim of unfounded reproaches or unpleasant remarks, do not isolate yourself, but talk about it. For example, you can discuss it with your spouse or friends who are not part of the company. They will have more perspective and a more objective opinion. You should also talk to the person harassing you and find a contact person in the company, such as a staff delegate or a member of the works council (if there is no staff delegate), the HR manager, etc., who can arrange a meeting with both parties and try to restore satisfactory working relationships and conditions.
Who to contact if the situation does not improve?
First, send a registered letter with acknowledgment of receipt to the company director clearly stating the situation. Even if they have already been verbally warned, this will constitute proof, and they will not be able to pretend to ignore what is happening. Ask for a meeting. If they refuse to grant you one, it is implied that they condone what is happening. Alert the labor inspector. They should theoretically go to the company and ask the employer to stop the harassment immediately. Also contact the occupational physician, who also has the duty to alert the employer. Contact an association that will not only offer you a listening ear and possibly propose mediation with your employer, but will also help you build a legal case.
If you wish to leave the company, first send your employer a registered letter with acknowledgment of receipt asking for a "mutual termination agreement." If the employer accepts, they determine the amount of the severance pay. The employer and the employee have fifteen days, from receipt of the letter, to reach an agreement. If both parties agree, the employer must have the dismissal validated by the labor inspector.
If the employee cannot reach an agreement with their employer or does not wish to leave the company, they can directly refer the matter to the Labor Court or do so through a lawyer. They can also file a complaint with the gendarmerie or police station and sue the perpetrator of the harassment.
How to prevent harassment from harming your health?
At work, stay strictly professional, that is, avoid talking about your private life. Problems with your spouse, financial worries, conflicts with your children, etc., can be easy targets for harassment by both a colleague and a superior.
As soon as you feel you are a victim, do not wait to be destabilized, lose confidence in yourself, and fall into depression. Immediately ask your occupational physician or general practitioner for a fifteen-day leave, at least. Away from your workplace, you will be able to see things more clearly and take the necessary distance to better confront the person harassing you. Go out, see friends, and don't isolate yourself, because dwelling on your situation is not a solution and will only lead to depression.
Interview by Sophie Dubois-Collet.
Maxi-mag.fr
Posted online August 4, 2014.
When does workplace moral harassment begin?
We can talk about workplace moral harassment as soon as a superior, colleague, or subordinate repeatedly makes remarks affecting the rights and integrity of a person. This can include unfounded remarks about work aimed at destabilizing the victim, criticism of their physical appearance, ethnicity, religion, union membership, etc. Harassment can also be said to occur when a superior, without reason, changes an employee's hours, refuses their vacation at the last minute, leaves them without work and gives their files to an inexperienced intern, etc.
Who is most exposed to moral harassment?
A few years ago, moral harassment mainly affected women, especially when they were pregnant or returning from maternity leave. Attempts were made to break them so they would leave the company on their own and avoid paying them compensation. Today, with a difficult job market, we see that moral harassment affects both men and women and regardless of profession. Victims are most often people at the end of their careers, who are pressured to leave the company cheaply and be replaced by younger people who will be given a lower salary. "Protected employees" (staff and union delegates) for whom the labor inspector must give authorization in case of dismissal are also frequently victims of harassment.
How to try, first of all, to calm the situation?
As soon as you feel you are the victim of unfounded reproaches or unpleasant remarks, do not isolate yourself, but talk about it. For example, you can discuss it with your spouse or friends who are not part of the company. They will have more perspective and a more objective opinion. You should also talk to the person harassing you and find a contact person in the company, such as a staff delegate or a member of the works council (if there is no staff delegate), the HR manager, etc., who can arrange a meeting with both parties and try to restore satisfactory working relationships and conditions.
Who to contact if the situation does not improve?
First, send a registered letter with acknowledgment of receipt to the company director clearly stating the situation. Even if they have already been verbally warned, this will constitute proof, and they will not be able to pretend to ignore what is happening. Ask for a meeting. If they refuse to grant you one, it is implied that they condone what is happening. Alert the labor inspector. They should theoretically go to the company and ask the employer to stop the harassment immediately. Also contact the occupational physician, who also has the duty to alert the employer. Contact an association that will not only offer you a listening ear and possibly propose mediation with your employer, but will also help you build a legal case.
If you wish to leave the company, first send your employer a registered letter with acknowledgment of receipt asking for a "mutual termination agreement." If the employer accepts, they determine the amount of the severance pay. The employer and the employee have fifteen days, from receipt of the letter, to reach an agreement. If both parties agree, the employer must have the dismissal validated by the labor inspector.
If the employee cannot reach an agreement with their employer or does not wish to leave the company, they can directly refer the matter to the Labor Court or do so through a lawyer. They can also file a complaint with the gendarmerie or police station and sue the perpetrator of the harassment.
How to prevent harassment from harming your health?
At work, stay strictly professional, that is, avoid talking about your private life. Problems with your spouse, financial worries, conflicts with your children, etc., can be easy targets for harassment by both a colleague and a superior.
As soon as you feel you are a victim, do not wait to be destabilized, lose confidence in yourself, and fall into depression. Immediately ask your occupational physician or general practitioner for a fifteen-day leave, at least. Away from your workplace, you will be able to see things more clearly and take the necessary distance to better confront the person harassing you. Go out, see friends, and don't isolate yourself, because dwelling on your situation is not a solution and will only lead to depression.
Interview by Sophie Dubois-Collet.
Maxi-mag.fr
Posted online August 4, 2014.
