Extract
[...] Court of Cassation, Social Chamber, April No. 21-21.053 - If an employee reports facts of moral harassment, but does not qualify them as such at the time of the report, are they then deprived of the benefit of legal protection against dismissal (grievance for reporting moral harassment facts)? - Pleading If an employee reports facts of moral harassment, but does not qualify them as such at the time of the report: is he then deprived of the benefit of legal protection against dismissal (grievance for reporting moral harassment facts)? [...]
[...] During his trial, Socrates pursued thus: « Truly, therefore, I am a stranger to the language spoken here. Well Just as, if I were really a foreigner, you would let me speak in18a] the language and the way of my country, I implore you, and I do not believe I am making an unjust request, to let me be master of the form of my speech, good or bad, and to consider only, but with attention, if what I say is just or not: this is what constitutes the entire virtue of a judge; that of the orator is to speak the truth. [...]
[...] Currently, the law can sometimes seem rigid on this point. It often requires the employee to explicitly use the term 'moral harassment' to benefit from the protection provided by the law. However, this formal approach can sometimes limit the protection of workers and create unjust situations. However, in this battle for dignity, Reject the evils, elevate the truth. That each word be a bulwark, a weapon, Against the shadow of harassment, this dark alarm The more so, as Argyris pointed out in 1970: « If the individual aspires to psychological success and self-esteem, he is plunged into a dilemma at the organizational level: to satisfy his aspirations or to meet the demands of the organization, with the division of labor, its hierarchical pyramid and the retinue of submissions and dependence that hinder self-esteem and psychological success." I therefore propose a more equitable and humane solution: fully recognizing the principle that the mere fact for an employee to describe actions related to a situation of moral harassment should be enough to trigger the protective measures provided for by law. [...]
[...] Words become weapons, gestures become burdens, The victim finds themselves trapped in a labyrinth of laws. Moral harassment, an insidious reality, That poisons the soul, in the dark shadows. As society contemplates these torments, The paradox of love and harassment blends, Between fascination and repulsion, the soul is lost, In an ocean of emotions, where madness serves. In this troubled context, the law must intervene, To protect souls, not to let them suffer. Moral harassment, a social wound to fight, So that love can regain its purity, its radiance, its being. [...]
[...] You decided that a dismissal motivated by a denunciation could be annulled, even if the employee had not explicitly qualified the facts as moral harassment, as long as the employer had used this qualification in the dismissal letter. Genesis, Bible All the earth had one language and one speech. Now it came to pass, as they journeyed from the east, that they found a plain in the land of Shinar; and they dwelt there. They said to one another, 'Come, let us make bricks and burn them thoroughly.' And they had brick for stone and bitumen for mortar. [...]
