Verbal violence, humiliation in public, derogatory remarks… The manifestations of moral harassment at work are numerous and sometimes subtle. How do you know if you are a victim of moral harassment in your workplace? What if you feel harassed by a colleague or supervisor? Answers.

Am I just stressed or am I the victim of bullying at work? It is not always easy to tell the difference between the two. Stress is felt by the employee when he faces work constraints or relationship difficulties. “While moral harassment at work is a form of psychological abuse”, insists Lionel Leroi-Cagniart, occupational psychologist. The Labor Code moreover precisely defines moral harassment. It’s about “Repeated acts which have as their object or effect a deterioration of working conditions liable to undermine the rights and dignity of the employee, alter his physical or mental health or compromise his professional future”.

Concretely, moral harassment at work can manifest itself in different ways:

• Threats, insults or slanderous comments;
• Public humiliation or bullying;
• Continuous criticism or mockery;
• Deprivation of work or on the contrary an excessive workload;
• An absence of instructions or contradictory instructions;
• “Putting in the closet” or degrading working conditions;
• A refusal to communicate;
• Tasks impossible to perform or unrelated to the functions.

To be considered as moral harassment, these malicious acts must be repeated and last over time.

“The writings and the testimonies of acts characteristic of moral harassment at work constitute admissible evidence”, explains the psychologist. To keep track of the harasser’s behavior, it is therefore strongly recommended to write down all his actions, always specifying the date, time and people present at the time of the facts. This makes it possible to constitute a complete file in which there is evidence of moral harassment suffered at work.

There are three possible remedies for victims:

• Use mediation. This option, which consists of confronting and trying to reconcile the parties, is only possible if both parties agree. In case of failure of conciliation, the mediator must inform the victim about his rights and how to assert them in court;
• Alert the labor inspectorate. After studying the file, it can send it to justice;
• Alert the CHSCT (Health, Safety and Working Conditions Committee) and / or staff representatives. They must alert the employer and help the victim of moral harassment in his procedures;
• Enter the industrial tribunal in order to obtain compensation for the damage suffered. The constitution of a file with evidence of harassment is essential.
• Go to criminal justice;
• Contact the Defender of Rights if the moral harassment appears to be motivated by discrimination punishable by law (skin color, sex, age, sexual orientation, etc.).

“The employer has an obligation of safety and results towards his employees. Employees do not always know it, but the law obliges employers to protect them. In the event of moral harassment in the workplace, he must intervene ”, points out Lionel Leroi-Cagniart. The employer must intervene in the event of harassment but he also has the obligation to prevent it within his company. Prevention involves informing employees about everything surrounding moral harassment (penalties incurred by the harasser, actions characteristic of harassment, remedies for victims), and collaboration with occupational medicine and employee representatives and the CHSCT.

The stalker faces two years in prison and a fine of 30000 euros if the facts are brought to justice. He can also be asked to pay damages to repair the moral injury or reimburse the medical expenses incurred by the victim. The employer can also impose disciplinary sanctions against the perpetrator of acts of moral harassment.