Psychological harassment manifests itself in words or behavior repeated which may lead to a deterioration in the working conditions of the person suffering them.

In order to characterize this offense, it must be shown that the conduct has resulted in:

• An assault on the rights and dignity of the victim
• Or impairment of physical or mental health
• Or a threat to his professional development.

For example, insults, public humiliation or bullying constitute harassment. The same applies if your supervisor systematically removes your work tools and/or prohibits other employees from speaking to you.

If you are a victim of psychological harassment, you can benefit from the protection of the law, whether you are an employee, a trainee or an apprentice.

These actions are prohibited regardless of the hierarchical relationship between you and the perpetrator. You are protected by the law even if the acts are committed by a member of the supervisory staff, by the employer or by a subordinate of whom you are the superior.

Implementation of prevention, training and information measures

Your employer has an obligation to take all necessary measures to prevent psychological harassment and to prevent it from occurring.

Firstly, it must inform all employees of the texts which punish psychological harassment. This information is communicated by any means (e.g. at the entrance to the premises, on the website of the establishment). Rules and regulations The person concerned must also mention the texts on psychological harassment.

Next, your employer must implement training, prevention and awareness-raising measures on psychological harassment. These actions are aimed at all staff (managers, employees, trainees, etc.).

Finally, your employer must work with employee representatives and, if available, the Social and Economic Committee (ESC).

The members of the Social and Economic Committee (ESC) and the referee in the field of combating psychological harassment shall receive a minimum of 5 days of training on health, safety and working conditions in the establishment. Upon renewal, they receive 3 additional days of training. This training is funded by the employer.

Obligation to punish the harasser

When faced with a charge of psychological harassment, your employer must conduct an investigation to determine whether the facts really occurred.

If this is the case, your employer will be obliged to punish the person responsible for the harassment. Indeed, the fact that an employee has committed such a offense constitutes a fault.

If your employer does not take action against the perpetrator, you can turn against him and ask him for damages.

Whether you are a victim or a witness, you can report psychological harassment to stop it. You can't be punished for reporting harassment unless it's a false report.

Alert staff representatives or the CSE

In case of psychological harassment, you can inform the staff representatives who can help you in all your steps.

In companies with less than 11 employees, these are members of the regional inter-branch joint commissions (IRPCs).

In the companies of more than 11 employees, the facts may be reported to the social and economic committee. He has a right of alert to warn the employer of any case of psychological harassment.

Alert labor inspectorate

In case of harassment, you can report it to labor inspection.

The screening officer will check to see if the reported facts constitute harassment.

If that appears to be the case, the officer may be called upon to conduct an investigation.

If the labor inspectorate finds that harassment has occurred, it informs the public prosecutor.

Initiate mediation

You can also initiate a mediation procedure with the perpetrator. The choice of mediator must be agreed between the two parties.

The role of the mediator is to try to reconcile the parties. It submits written proposals to them with a view to putting an end to the harassment (e.g. a change of position for the perpetrator).

If the reconciliation, the Ombudsman must inform you how to assert your rights in court.

Several professionals offer this type of service. You can check with your employer.

As an employee who is the victim of psychological harassment, you can bring the matter before the Labor Council and/or the criminal courts. You also have the opportunity to appeal to the Defender of Rights.

Refer the matter to the Labor Council

If you are a victim of bullying, you can labor council. Before that court, you have the opportunity to:

• Solicit damages to make good the damage you have suffered. So your employer will have to pay you a sum of money, even if he is not the perpetrator of the harassment.
• Cancel a termination of employment, a breach of contract or a resignation that you consider to be related to bullying (for example, a breach of contract may be canceled if, at the date of its signature, the employer was aware of the harassment but took no action to protect the harassed employee).

You can file a complaint with the Labor Council even if you have already filed a complaint. You are not required to inform your employer of the complaint against the alleged harasser.

The deadline for bringing an action before the Labor Court is 5 years from the last incident of harassment.

Bring the matter before the criminal courts

If you experience bullying at work, you can lodge a complaint in criminal proceedings against the alleged perpetrator.

The complaint must be filed within 6 years after the last fact (a gesture, a comment...).

You must provide the court with all the evidence to prove that you have been harassed and that the perpetrator voluntarily wish to degrade your working conditions. For example, you can provide medical certificates, a certificate from the occupational physician, testimonies from colleagues, written exchanges with the alleged perpetrator.

All this evidence will be taken into account by the police or gendarmerie services, even if the events took place over several years.

You can get a lawyer to help you.

Refer to the Defender of Rights

If you feel that the motive for bullying is discrimination based on one of the criteria prohibited by the law (for example, skin color, sex, age or disability), you can also refer the case to the French Ombudsman.

Two types of sanctions can be imposed on the perpetrator of psychological harassment.

Penalties imposed by the employer

Any employee who has committed psychological harassment shall be liable to disciplinary sanctions by the employer: transfer, lay-off or even dismissal.

Judicial sanctions

Psychological harassment shall be punished by:

• 2 years in prison
• And €30,000 of fine.

In addition, the perpetrator of psychological harassment may be ordered to pay you damages, in compensation for your damage (examples: non-material damage, medical expenses).

Bullying manifests itself in actions repeated which may lead to a deterioration in the working conditions of the person suffering them.

To characterize this offense, it must be proved that these actions have resulted in:

• An assault on the rights and dignity of the victim
• Or impairment of physical or mental health
• Or a threat to his professional development.

For example, insults, public humiliation or bullying constitute harassment. The same applies if your supervisor systematically removes your work tools and/or prohibits other employees from speaking to you.

If you are a victim of psychological harassment in the public sector, you can benefit from the protection of the law, whether you are a public servant, a contract worker or a trainee.

These actions are prohibited regardless of the hierarchical relationship between you and the perpetrator. You are protected by the law even if the acts were committed by a member of the supervisory staff, by the employer or by a subordinate over whom you are the superior.

Implementation of prevention, training and information measures

Your administration has an obligation to take all necessary measures to prevent bullying.

First of all, it is obliged to inform the officers of the texts which punish psychological harassment. This communication can be made by any means (e.g. at the entrance to the premises of the establishment).

Second, your administration must make all workers (supervisors, incumbent agents, trainees, etc.) aware of the problem of psychological harassment. For example, your employer may raise this issue at certain service meetings.

Finally, it must provide all workers with occupational health and safety training.

Obligation to stop harassment

As soon as a case of harassment is brought to your attention and these facts are real, the administration that employs you must do everything in its power to put an end to these acts. This involves, in particular, a penalty imposed on the person responsible for the harassment (for example, reprimand, transfer, or even dismissal).

Whether you are a victim or a witness, you can report psychological harassment to stop it. You can't be punished for reporting harassment, but you will be if it's a false report.

Report to Administration

You can use the public service reporting system for violence, discrimination, psychological or sexual harassment and gender-based behavior.

This reporting scheme comprises 3 types of procedures to be put in place by the employer:

• A procedure for the collection of reports by officials who are victims of or witnesses to psychological or sexual harassment,
• A procedure for referring victims to the competent services and professionals responsible for their support,
• A procedure for referring victims or witnesses of such acts or acts to the competent authorities in order to take all appropriate protective measures and ensure the treatment of reported incidents, in particular by carrying out an administrative inquiry.

Your administration should establish the means by which you can make this report to the competent authority. It also includes the information and documents you need to provide to support your report.

A public official must be informed by his or her hierarchical authority of the existence of the alert system, its use and the procedures it provides for.

The system must ensure the strict confidentiality of the information transmitted by the victim or witness during the processing of the alert.

Alert the Social Committee and the staff representatives

As a victim of bullying, you can prevent:

• Staff representatives (they will be able to help you in all your steps),
• The Social Committee. This committee has a right of alert which allows it to warn the administration of any case of psychological harassment.

Initiate mediation

You can initiate a mediation procedure with the perpetrator. The choice of mediator must be agreed between the two parties.

The role of the mediator is to try to reconcile the parties. He submits written proposals to them to put an end to the harassment: a change of position for the perpetrator, for example.

If conciliation fails, the Ombudsman must inform you how to assert your rights in court.

Several professionals offer this type of service. You can check with your employer.

As a public official who has been the victim of psychological harassment, you can bring an action before the administrative court and/or the criminal courts. You also have the opportunity to appeal to the Defender of Rights.

To bring an action before the Administrative Court

There are several situations that can lead you to go to the Administrative Court:

• You alerted your administration and it did not react
• You alerted your administration and they refused to act
• Your administration has sanctioned you for reporting harassment

In these cases, the administration may be ordered to pay you damages. To do this, you must provide proof of harassment (for example, by providing testimonies from colleagues, written exchanges with the perpetrator, etc.).

You have to go to court within a certain period of time, which varies depending on the situation:

• If the administration has made a decision, you have 2 months after the notification of the decision concerned (refusal of a penalty from a superior, penalty for denunciation, etc.) to bring the matter before the court
• If the administration has not replied to you within 2 months, you have 4 months from the notification of the harassment to the administration, to bring the matter before the court.

Bring the matter before the criminal courts

If you experience bullying at work, you can lodge a complaint in criminal proceedings against the alleged perpetrator.

The complaint must be filed within 6 years after the last fact (a gesture, a comment...).

You must provide the court with all the evidence to prove that you have been harassed. For example, you can provide medical certificates, a certificate from the occupational physician, testimonies from colleagues, written exchanges with the alleged perpetrator etc.

All this evidence will be taken into account by the police or gendarmerie services, even if the events took place over several years.

You can get a lawyer to help you.

Refer to the Defender of Rights

If you feel that the motive for bullying is discrimination based on one of the criteria prohibited by the law (for example, skin color, sex, age or disability), you can also refer the case to the French Ombudsman.

Two types of sanctions can be imposed on the perpetrator of psychological harassment.

Sanctions taken by the administration

Public official found guilty of harassment risks disciplinary sanctions : automatic removal, removal from the progress table, or even revocation...

Judicial sanctions

Bullying is an offense punishable by up to:

• 2 years in prison
• And €30,000 of fine.

In addition, the perpetrator of psychological harassment may be ordered to pay you damages (non-material damage, medical expenses...)