Mobbing in companies: legal obligations and best practices

An employee reports to you a Situation of psychological harassment ? No panic, no improvisation either! In this type of situation, time is against you but you have levers for action.

As an employer, you are guarantor of physical health and mental health of your teams (it's written in black and white in the Labor Code). And that's not limited to a handful of employees. This applies as much to teams at headquarters, in the workshop, in the field, in the factory. In short, for the whole collective.

Mobbing at work is a reality that is still all too present in a large number of organizations. For employers, each report requires a quick reaction, Documented and in accordance with the law. For victims, feelings of isolation and confusion often make it difficult to speak up.

Between legal obligation and ethical duty, how do you react well?

The obligation to act: a clear legal framework

THE article L.4121-1 of the Labor Code Recall theemployer safety obligation, which focuses on physical health and mental employees. This obligation involves prevent risks, but also to react immediately in the event of a report.

When an employee alerts about a situation of psychological harassment, directly or through a third party, the employer must investigate. If the facts are true, it is up to him to take the necessary measures to put an end to the situation, protect the victim and, if necessary, Sanction the perpetrator, up to and including dismissal for serious misconduct.

Dismissal in the event of psychological harassment: framework and best practices

When the Acts of psychological harassment are proven, the employer has a strong lever: the disciplinary sanction up to and including dismissal for serious misconduct. However, this remedy must be handled rigorously, in order to respect the rights of the employee and the legal procedure.

1. Pre-check

Before any sanction, it is imperative that theinternal investigation has clearly established the reality of the facts and the responsibility of the employee responsible for the acts. A hasty decision, without solid evidence or without following the procedural steps, can lead to the dismissal being annulled in court.

2. Disciplinary procedure

Dismissal for psychological harassment must follow the classic disciplinary procedure:

• Convocation at a prior interview, specifying the purpose of the invitation;
• Interview during which the employee can explain himself;
• Notification written description of the penalty, with clear and precise reasons.

3. Limitation period

The employer has two months from the date of knowledge of the facts to initiate disciplinary proceedings (article L.1332-4 of the Labor Code). After this period, any penalty may be contested as prescribed.

4. Nature of the penalty

Dismissal for serious misconduct is justified when the psychological harassment is sufficiently characterized to make it impossible for the employee to remain in the company., even during the notice period. In case of less serious misconduct, other sanctions may be considered (warning, layoff, etc.).

5. Protection of the victim employee

In all cases, the employer must ensure that the victim is protected and that the victim does not suffer any form of reprisals or discrimination following the report.

The deadline to respect: two months to act

Labour law provides for a period of two months to initiate disciplinary proceedings from the moment the employer is aware of the facts (article L.1332-4 of the Labor Code). In practice, this departure date depends on what the employer actually knew, and how the facts were brought to his attention.

This deadline may be delayed if an investigation is launched to verify or clarify the elements of the report. But the investigation must be conducted in good faith, diligently and neutrally. A superficial, biased or oriented investigation can be interpreted as a form of non-assistance to an employee in danger.

HR: the right reflexes to adopt in the event of moral harassment in the company?

For HR professionals, managing a case of psychological harassment is one of the most complex exercises to conduct. Here are some concrete levers to better deal with it:

1. React without waiting, even when in doubt. Reporting an employee does not require formal proof to launch an investigation. Reasonable doubt is enough.

2. Supervising the process. It is essential to have a clear procedure: who is conducting the investigation, in what time frame, with what tools (interviews, testimony collection, documentation, etc.).

3. Ensuring confidentiality. Any leak or disclosure of sensitive items can worsen the situation. The protection of the identity of the person concerned and the witnesses is a priority.

4. Legally secure the investigation. External support can guarantee the objectivity of the approach and the solidity of the report in the event of litigation.

5. Act preventively. Anticipation is the best response. Training managers, Raise awareness among teams, set up a listening cell and establishing a culture of respect are key elements.

What to do when you are a victim of psychological harassment?

For someone who is a victim of bullying, speaking can seem difficult, even risky. However, staying quiet often worsens the psychological impact. Here are some possible steps:

• Record the facts : dates, words, attitudes, behaviors... Keeping an accurate journal can be valuable;
• Talk to someone you trust : manager, HR, elected representative of the CSE, harassment referent or occupational physician;
• Consult a health professional : a doctor will be able to attest to the impact of harassment and refer to appropriate support;
• Use alert devices set up by the company if they exist.

Getting support is often an essential step. Specialized structures can offer psychological, legal and administrative support throughout the process.

The Qualisocial offer: an independent and expert investigation

Faced with the complexity of these situations, many companies choose to use a trusted third party.

Qualisocial offers comprehensive support for employers facing a report of psychological harassment.

This device is based on a independent and rigorous investigation, conducted by qualified and experienced professionals. The objective: to shed light on the facts, to objectify the feelings, to give a voice to all the actors concerned, and to formulate concrete and impartial recommendations.

This type of intervention makes it possible to:

• Protecting victims and restore a climate of trust;
• Give the company an answer compliant with labor law and legally secure;
• Preventing recurrences, by addressing the structural causes of workplace discomfort.

Qualisocial's intervention may also include individual support for those concerned, awareness-raising workshops and the establishment of sustainable prevention mechanisms.

Dealing with a case of psychological harassment cannot be improvised. It is not a question of rushing a decision or of saving time, but of combining reactivity, method and humanity. For HR, this means being trained, having a clear framework, and knowing how to surround yourself with the right partners.

For employees, this means knowing that they have the right to speak, to be heard, and protected.

And for the company as a whole, it's a the challenge of cohesion, trust, and collective responsibility.