In a parliamentary reply to Pirates MP , labour minister (CSV) outlined the phenomenon of harassment in the workplace. Since April 2023, the Labour and Mines Inspectorate (ITM) has received 185 complaints of moral harassment. According to the legislation, moral harassment is considered to be repetitive and systematic conduct that undermines a person’s dignity or psychological or physical integrity. It may take the form of insults, mockery, derogatory remarks, threats or intimidation. Other examples of harassment highlighted by the ITM include “constant criticism or unjustified reprimands, excessive pressure or demands, psychological belittling…” In such cases, the ITM can deny employees’ claims or receive their complaints. It investigates the case and interviews the victims.
Of the 185 complaints it has received since April 2023, only 148 have been further investigated by the ITM. In 74 of these cases, the ITM was unable to conclude that harassment had occurred, either because the facts were not sufficiently detailed or circumstantiated, or because they did not have the necessary characteristics to be classified as moral harassment, or because the ITM was unable to decide between the contradictory versions of the two parties. In such cases, the ITM recommends that the complainant take the matter to court.
In ten cases, the ITM was able to conclude that moral harassment had occurred. In six cases, the employer took the necessary steps to put an end to the harassment. In two cases, an out-of-court settlement was reached, while in another the victim resigned and took the case to court for gross misconduct on the part of the employer. Finally, in one case, the ITM asked the employer to take immediate action and referred the case to the public prosecutor.
Age does not protect against harassment
64 other complaints are still under investigation. And 37 have not been investigated at all, either because the facts did not fall within the scope of psychological harassment, or because the complaints were too vague or anonymous for the ITM to take on these cases. However, if these complaints are dismissed, the ITM still asks employers to provide a “copy of their internal procedure for dealing with psychological harassment.”
In cases of harassment, labour minister Mischo pointed out that, by means of an injunction, the ITM can ask the employer to take measures to put an end to the acts of harassment, or even to punish the misconduct of the employee concerned. The majority of ‘harassers’ are hierarchical superiors (in 148 cases out of 185). They may also be colleagues (22 cases) or both (11 cases).
The victims of harassment in the workplace are more often women than men (96 women out of 74 cases handled). According to the statistics detailed by Mischo, advanced age does not necessarily protect against harassment. In 105 cases, the employees were aged between 40 and 69. There were 19 cases with complainants aged between 20 and 29, and 43 cases with complainants aged between 30 and 39.
Once the complaints have been received, the ITM investigates and submits a report to the employer within 45 days. Employers have a responsibility to ensure that “any moral harassment of their employees of which they are aware ceases immediately,” as the ITM points out on its website. And this kind of behaviour comes at a price. Administrative penalties can range from €25 to €25,000, and criminal penalties from €251 to €2,500. Each company’s staff delegation can be involved in handling complaints. It can even take charge of filing the complaint with the ITM. A hotline for victims and witnesses of harassment is also available from the ITM, by telephone (247-76103) or by e-mail at harcelement@itm.etat.lu.
This article was originally published in .