Victim of psychological harassment at work: what to do?

Mobbing is defined as “repeated actions which have the object or effect of a deterioration of working conditions likely to undermine the rights and dignity of the employee, to alter his physical or mental health or to compromise his professional future” (article L 122-49 of the Labor Code). It is punishable by law by a fine of €30,000 and 2 years of imprisonment (article 222-33-2 of the Criminal Code).

Are you a victim of psychological harassment at work? What to do? What are the possible remedies for victims of psychological harassment in companies? Find out who you can Start the alert, how to protect yourself, and how to take legal action, if necessary.

Victim of psychological harassment at work: alerting internally

If you think you are a victim of bullying in the workplace, the first step is to sound the alarm internally. You can inform various parties, depending on your situation:

• Your employer : If your employer is not your harasser, it is important to find the courage to talk to them about it. Indeed, it has a duty to protect the mental and physical health of its teams. He is therefore required both to take preventive measures against psychological harassment, but also to take all measures to put an end to psychological violence, as soon as he is informed of it. Without necessarily discussing it directly with your hierarchy, you can ask for an interview with Human Resources. If it is too complicated for you to confide in an interview, you can write: some companies have dedicated channels to raise the alert on this type of problem.
• IRPs (Staff Representative Bodies)): depending on the size of the company, IRPs include: the CHSCT, the CSE, unions and staff representatives. Not only will their members be able to assist you in your efforts, but some have the right to alert the employer. The use of this right to alert (which must be done with your agreement) allows the rapid launch of an investigation, to remedy the situation as quickly as possible.
• Occupational medicine : it is also a valuable interlocutor in case of psychological harassment at work. If the situation requires it, the occupational physician may declare you unfit to maintain your mental health. With your consent, he can also suggest adjustments to your position so that you can return to work in good conditions.
• Labour inspection : it is usually the last resort, if you find yourself facing a wall within the company. The labour inspectorate can then launch an investigation and, if necessary, refer the case to the courts.

Note: reporting a situation of psychological harassment in the workplace can in no way lead to sanctions, even if the reported behavior does not ultimately amount to harassment. The risk of being sanctioned for slanderous denunciation exists only if the alert given shows obvious bad faith.Discover the Harassment alert system offered by Qualisocial

Exercising your right to withdraw

Do you feel that the psychological abuse of which you are a victim places you in a situation of serious and imminent danger? You can possibly exercise your right of withdrawal (article L. 231-8 of the Labor Code) .Concretely, this consists in stopping your paid activity, without forgetting of course to inform your employer in advance. During the period not worked, your employer is required to maintain your remuneration. Attention, this right is not to be exercised wrongly and through:

• Although mobbing has proven direct consequences on the mental and physical health of its victims, the legislator has not yet firmly ruled on the entry of mobbing into the prism of the right of withdrawal.
• Case law has thus ruled on several occasions both in favor and against the use of a right of withdrawal in cases of psychological harassment in companies.
• It is the concept of” serious and imminent danger ” (article L4131-1 of the Labor Code) which can sometimes be difficult to prove with regard to psychological harassment.

The wisest thing is to start with consult the CHSCT, who will be able to launch an alert procedure, and issue an opinion on the existence and extent of the possible danger. If he actually concludes that a serious and imminent danger exists, you can exercise your right to withdraw without risk.Good to know: if you have used your right to withdraw in an abusive manner, for example in the absence of reasonable grounds, your employer is entitled to withhold from your wages, for the reason of abandonment of your position.

Consider mediation

Once you have raised the alert with your employer, mediation can be considered to ease the situation (article L. 1152-6 of the Labor Code):

• The choice of the mediator must be validated by both parties: you and the perpetrator.
• The mediator can be chosen internally or be external to the company. It is also recommended to call on someone from outside, who can work in complete neutrality.
• If an agreement is reached on the choice of the mediator, the mediator, after learning the facts, will attempt to find a conciliation between the parties. Several proposals will thus be submitted to you, in order to find a way out of the situation.
• If the two parties cannot agree on one of the mediator's proposals, the mediator will inform you about the legal procedure to follow, if you wish to launch one. It will also inform the alleged offender of the possible sanctions incurred if psychological harassment were to be recognized by justice.

What to do when you are a victim of psychological harassment at work: start legal proceedings

Several options exist to launch legal proceedings.

Referral of the Prud'hommes

If the mediation has not been successful, or if there is no solution found with your employer, you have the option of:

• Refer to the Labor Court, if you are an employee in the private sector: the period of action is 5 years after the last recorded act of harassment. Legal action will necessarily be against your employer, regardless of whether the employer was the source of the harassment or not. In fact, it is the breach of his duty to protect that will then be called into question.
• Seize the Administrative Court, if you are an employee in the public sector: the action period is 4 months in the absence of feedback on your situation from the administration that employs you. This period increases to 2 months if she has sent you back.

Important : you will have to bring a wealth of evidence to corroborate your charge. In this type of procedure, the burden of proof is reduced, that is, you will not have to prove that the acts of harassment were intentional, simply that they did take place. The evidence collected will be examined in its entirety by the judges. Try to gather as many direct and indirect elements as possible to strengthen your case: emails, testimonies, medical certificates, etc.

Criminal justice referral

Criminal proceedings may complement a possible complaint to the Prud'hommes. The following may be continued:

• persons directly involved in the harassment: stalker, accomplices, etc.
• persons indirectly concerned, but who failed to comply with their obligation to protect the mental and physical health of employees: line manager, company manager, human resources director, etc.

To sue your harasser, you have 6 years from the most recent act of harassment. On the other hand, all the acts of harassment will be taken into account in the judgment.Note: subject to your agreement, legal action may be brought by a union, which will represent you.

Referral to the Defender of Rights

Regardless of any launching of legal action, you can bring your case to the Defender of Rights. This independent administrative authority (AAI), which took over the missions of Halde in 2011, is competent in various areas: combating discrimination, children's rights, promoting equality, etc.The field of action of the Defender of Rights is as follows:

• organization of an investigation;
• launching a mediation procedure;
• transmission of recommendations;
• presentation of its observations to the courts concerned.