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[...] In addition, article 222-33-2-2 of the Criminal Code punishes moral harassment with 2 years' imprisonment and a fine of ?30,000. In this case, Jean is a victim of moral harassment, he has several means of repairing the harm he has suffered, he can ask for compensation for the moral and professional harm caused by the harassment, and this, even if he has not been fired. In addition, he can obtain a penal remedy, in fact, harassment being a crime punishable by a fine and imprisonment. [...]
[...] In response, the HR director summons both parties, warns the labor inspection and implements a mediation procedure. However, the employee refuses this approach, considering it ineffective, and decides to take legal action. Thus, it iswill act ondetermine in what measures Jean can hold his superior liable for his actions and what avenues of recourse he has to obtain redress for the harm suffered. I. Qualification of moral harassment In law, Article L.1152-1 of the Labour Code provides that 'No employee shall be subjected to repeated acts of harciselement of moral harassment which has as its object or effect a deterioration of his working conditions capable of affecting his rights and to his dignityis, of altto impair his physical or mental health or compromise his professional future. » In addition, by a ruling of 19 October 2011, the Court of Cassation stated that 'the employer is required to provide a safety guarantee of results in terms of health protection, including in terms of moral harassment.' In this case, since the appointment of a new quality service manager, Jean has seen his working conditions deteriorate, in fact, the premises are smaller, there is no air conditioning and he is subjected to disrespectful words from his hierarchical superior. [...]
[...] Moral Harassment Case Study In the spaceisthis, an employee has been performing the functions of quality agent since 1999. In 2009, the person in charge of this service goes on maternity leave and is replaced by another person, who then becomes the employee's superior. However, this new superior constantly questions his skills, criticizing him in front of his colleagues.isguess and talks to him about itisvery rude. In addition, he modifies the working conditions of the quality service in dmoving the offices to smaller and air-conditioning-less premises, and changing the working hours. [...]
[...] Furthermore, this situation has led to a stress and significant anxiety, leading to many absences from work. Thus, the constituent elements of moral harassment are well assembled, in fact, as soon as actions are repeated by his superior and have the purpose of degrading the mental health of the employee, it must be concluded that he is a victim of harassment by his superior. However, although the superior hierarchical has failed in his obligation of security, the company, and in particular the HR director, took measures in response to Jean's alerts, notably by conducting an internal investigation and setting up a mediation procedure, even if it seems insufficient for the employee. [...]
