MORAL HARASSMENT AT WORK
LexInter | May 22, 2002 | 0 Comments

MORAL HARASSMENT AT WORK

Article 169

  1. – After article L. 122-48 of the labor code, five articles L. 122-49 to L. 122-53 are inserted as follows:
    “Art.L. 122-49.- No employee must be subjected to repeated acts of moral harassment which have as their object or effect a deterioration of working conditions likely to infringe their rights and dignity, alter their physical or mental health or compromise their future. professional.
    “No employee may be sanctioned, dismissed or be the subject of a discriminatory measure, direct or indirect, in particular in terms of remuneration, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract for having undergone, or refused to undergo, the acts defined in the preceding paragraph or for having witnessed such acts or having reported them.
    “Any resulting breach of the employment contract, any contrary provision or act is automatically void.
    “Art. L. 122-50. – Any employee who has carried out the actions defined in article L. 122-49 is liable to a disciplinary sanction.
    “Art. L. 122-51. – It is the business manager’s responsibility to take all necessary measures to prevent the acts referred to in Article L. 122-49.
    “Art. L. 122-52. – In the event of a dispute relating to the application of Articles L. 122-46 and L. 122-49, the employee concerned presents facts suggesting the existence of harassment. In view of these elements, it is incumbent on the defendant to prove that its actions do not constitute such harassment and that its decision is justified by objective elements unrelated to any harassment. The judge forms his conviction after having ordered, if necessary, all the investigative measures he considers useful.
    “Art. L. 122-53. – The representative trade unions in the company may take legal action, under the conditions provided for by article L. 122-52, all actions arising from article L. 122-46 and article L. 122 -49 in favor of an employee of the company, provided that they can justify a written agreement from the interested party. The person concerned can always intervene in the proceedings initiated by the union and terminate it at any time. ”
    II. – The last paragraph of article L. 123-1 of the same code is deleted.
    III. – Article L. 123-6 of the same code is thus amended:
    1o In the first paragraph, the references: “L. 122-46 and L. 123-1,” are deleted;
    2o The last paragraph is deleted.
    IV. – In article L. 152-1-1 of the same code, the words: “of article L. 123-1” are replaced by the words: “of articles L. 122-46, L. 122-49 and L. 123-1 ”.
    V. – In article L. 152-1-2 of the same code, the words: “of article L. 123-1” are replaced by the words: “of articles L. 122-46, L. 122 -49 and L. 123-1 ”.
    VI. – In article L. 742-8 of the same code, the words: “of article L. 122-46 and of the last paragraph of article L. 123-1” are replaced by the words: “of articles L. 122-46, L. 122-49 and L. 122-53 ”.
    VII. – The last paragraph of article L. 771-2 of the same code reads as follows:
    “- articles L. 122-46, L. 122-49 and L. 122-53. ”
    VIII. – In article L. 772-2 of the same code, the words: “of article L. 122-46 and of the last paragraph of article L. 123-1, articles” are replaced by the words: “Articles L. 122-46, L. 122-49, L. 122-53,”.

Article 170

After section 3 of chapter II of title II of book II of the penal code, a section 3 bis entitled: “Moral harassment” is inserted, including an article 222-33-2 thus worded:
“Art. 222-33-2. – The fact of harassing others by repeated acts the object or effect of which is to deteriorate working conditions likely to undermine their rights and dignity, alter their physical or mental health or compromise their professional future, is punished by one year of imprisonment and a fine of 15,000 Euros. “

Article 171

  1. – After article L. 122-48 of the labor code, an article L. 122-54 is inserted as follows:
    “Art.L. 122-54.- A mediation procedure can be initiated by any person in the company who considers himself a victim of moral or sexual harassment. the mediator is chosen from outside the company from a list of personalities appointed on the basis of their moral authority and their competence in preventing moral or sexual harassment. The functions of mediator are incompatible with those of active labor tribunal advisor.
    “The lists of mediators are drawn up by the representative of the State in the department after consultation and examination of the candidacy proposals of associations whose object is the defense of victims of moral or sexual harassment and of the most representative trade unions in the field. national plan.
    “The mediator summons the parties who must appear in person within one month. In the event of failure to appear, he makes a written statement that he sends to the parties.
    “The mediator inquires about the state of relations between the parties, he tries to reconcile them and submits to them proposals that he puts in writing with a view to putting an end to the harassment.
    “If conciliation fails, the mediator informs the parties of any penalties incurred and the procedural guarantees provided for the victim.
    “The provisions of Articles L. 122-14-14 to L. 122-14-18 are applicable to the mediator. The obligation of discretion provided for in Article L. 122-14-18 is extended to any data relating to the health of persons of which the mediator is aware in the performance of his mission. ”
    II. – In article L. 152-1 of the same code, after the word: “employee”, the words: “or the mediator referred to in article L. 122-54” are inserted.

Article 172

Article L. 122-34 of the Labor Code is supplemented by a paragraph worded as follows:
“It also recalls the provisions relating to the prohibition of any practice of moral harassment. “

Article 173

Article L. 230-2 of the Labor Code is thus amended:
1o In the first sentence of the first paragraph of I, after the words: “protect health”, the words are inserted: “physical and mental”;
2o The g of II is completed by the words: “, in particular with regard to the risks associated with moral harassment, as defined in article L. 122-49”.

Article 174

Article L. 236-2 of the Labor Code is thus amended:
1o In the first sentence of the first paragraph, after the word: “health”, the words: “physical and mental” are inserted;
2o The sixth paragraph is completed by the words: “and moral harassment”.

Article 175

In the first paragraph of Article L. 241-10-1 of the Labor Code, after the word: “health”, the words: “physical and mental” are inserted.

Article 176

In the first sentence and the second sentence of the first paragraph of Article L. 422-1-1 of the Labor Code, after the word: “people”, the words: “, to their physical and mental health” are added.

Article 177

  1. – In article L. 742-8 of the labor code, the words: “of article L. 122-46” are replaced by the words: “of articles L. 122-46 and L. 122- 49 ”.
    II.- In the first paragraph of article L. 771-2 of the same code, the words: “Article L. 122-46” are replaced by the words: “Articles L. 122-46 and L. 122- 49 ”.
    III.- In article L. 772-2 of the same code, the words: “of article L. 122-46” are replaced by the words: “of articles L. 122-46 and L. 122-49”.
    IV. – In the second paragraph of article L. 773-2 of the same code, the words: “and L. 122-46” are replaced by the words: “, L. 122-46 and L. 122-49”.

Article 178

After article 6 quater of law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants, an article 6 quinquies is inserted as follows:
“Art. 6 quinquies. – No civil servant must be subjected to repeated acts of moral harassment which have as their object or effect a deterioration of working conditions likely to infringe their rights and dignity, alter their physical or mental health or compromise their future. professional.
“No measure concerning in particular the recruitment, establishment, training, appraisal, discipline, promotion, assignment and transfer may be taken with regard to an official taking into consideration:
“1o The fact that he has suffered or refused to suffer the acts of moral harassment referred to in the first paragraph;
“2o The fact that he has appealed to a hierarchical superior or taken legal action aimed at putting an end to these acts;
“3o Or the fact that he testified to such acts or that he related them.
“Any agent having carried out the acts defined above is liable to a disciplinary sanction.
“The provisions of this article are applicable to officials who do not have public rights. “

Article 179

  1. – After the word: “harassment”, the end of the first paragraph of article L. 122-46 of the labor code reads as follows: “any person whose purpose is to obtain favors of a sexual nature from for its own benefit or for the benefit of a third party ”.
    II.- After the word: “harassment”, the end of the second paragraph of article 6 ter of the aforementioned law n ° 83-634 of 13 July 1983 is worded as follows: “of any person whose aim is to obtain favors from sexual nature for his own benefit or for the benefit of a third party;”.
    III. – The same article is supplemented by a paragraph worded as follows:
    “The provisions of this article are applicable to officials who do not have public rights. ”
    IV. – Article 222-33 of the penal code is amended as follows:
    1o After the word: “others”, the words: “by giving orders, uttering threats, imposing constraints or exerting serious pressure” are deleted;
    2o After the word: “sexual”, the words: “, by a person abusing the authority conferred on him by his functions,” are deleted.

Article 180

In Chapter II of Title II of Book I of the Labor Code, before Article L. 122-46, a division and a title are inserted as follows: “Section 8. Harassment”.

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