HARASSMENT
LexInter | September 2, 2019 | 0 Comments

HARASSMENT

LABOR CODE (Legislative Part)

Section 8: Harassment

 v. in criminal law MORAL   HARASSMENT SEXUAL HARASSMENT

Article L122-46

DOCTRINAL BIBLIOGRAPHY JURISPRUDENTIAL BIBLIOGRAPHY PENAL CODE
BULLYING BULLYING  MORAL    HARASSMENT SEXUAL HARASSMENT
(Law n ° 92-1179 of November 2, 1992 art. 1 Official Journal of November 4, 1992) (Law n ° 2001-397 of May 9, 2001 art. 8 I, II, III Official Journal of May 10, 2001) (Law n ° 2002-73 of January 17, 2002 art. 179 I, art. 180 Official Journal of January 18, 2002)

No employee, no candidate for recruitment, for an internship or for a training period in a company may be penalized, 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 suffered or refused to undergo acts of harassment of any person whose purpose is to obtain favors of a sexual nature for its own benefit or for the benefit of a third party.
No employee may be sanctioned, dismissed or be the subject of a discriminatory measure for having testified to the acts defined in the preceding paragraph or for having reported them.
Any contrary provision or act is automatically void.

competence_to_statuer_the_prejudice_resultant_d’un_bullying_moral

Article L122-47

(Law n ° 92-1179 of November 2, 1992 art. 1 Official Journal of November 4, 1992) (Law n ° 2002-73 of January 17, 2002 art. 180 Official Journal of January 18, 2002)Any employee who has carried out the actions defined in article L. 122-46 is liable to a disciplinary sanction.

Article L122-48

Law n ° 92-1179 of November 2, 1992 art. 1 Official Journal of November 4, 1992) (Law n ° 2002-73 of January 17, 2002 art. 180 Official Journal of January 18, 2002)It is the business manager’s responsibility to take all necessary measures to prevent the acts referred to in the two preceding articles.

Article L122-49

DOCTRINAL BIBLIOGRAPHY JURISPRUDENTIAL BIBLIOGRAPHY
BULLYING  BULLYING
(inserted by Law n ° 2002-73 of January 17, 2002 art. 169 I Official Journal of January 18, 2002)

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 undermine their rights and dignity, alter their physical or mental health or compromise their professional future. .
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.

IMPLEMENTATION OF A PREVENTION POLICY IN THE COMPANY

HYGIENE SAFETY WORKING CONDITIONS

COMPETENCE_TO_STATUER_THE_PREJUDICE_RESULTANT_D’UN_BULLYING_MORAL

Article L122-50

(inserted by Law n ° 2002-73 of January 17, 2002 art. 169 I Official Journal of January 18, 2002)
Any employee who has carried out the actions defined in article L. 122-49 is liable to a disciplinary sanction .
DISCIPLINARY SANCTION

Article L122-51

(inserted by Law n ° 2002-73 of January 17, 2002 art. 169 I Official Journal of January 18, 2002)
It is the business manager’s responsibility to take all necessary measures to prevent the acts referred to in Article L. 122-49.

Article L122-52

 

(inserted by Law n ° 2002-73 of January 17, 2002 art. 169 I Official Journal of January 18, 2002)

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.

COMPETENCE_TO_STATUER_THE_PREJUDICE_RESULTANT_D’UN_BULLYING_MORAL

Article L122-53

(inserted by Law n ° 2002-73 of January 17, 2002 art. 169 I Official Journal of January 18, 2002)

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 be justified by a written agreement from the person concerned. The person concerned can always intervene in the proceedings initiated by the union and terminate it at any time.

Article L122-54

(inserted by Law n ° 2002-73 of January 17, 2002 art. 171 I Official Journal of January 18, 2002)
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 the associations whose
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, tries to reconcile them and submits proposals to them which 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.

 

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