The law was adopted with the votes of the majority parties: the Democratic Party (DP), the Luxembourg Socialist Workers’ Party (LSAP), and the Green Party (déi Gréng). The Left Party (déi Lénk) and the Pirate Party also supported the bill. The Christian Social People’s Party (CSV) and the Alternative Democratic Reform Party (adr), on the other hand, abstained.
While all MPs agreed that harassment is not only unacceptable and sickening, but also harmful to the victim, their family, and the company, the CSV, the adr, but also the DP shared the concerns of employer representatives that the law risks creating legal grey areas, particularly because there is already an interprofessional accord against bullying. In response, Minister of Labour Georges Engel referred to the hierarchy of norms, i.e., the fact that there are rules governing the interplay between laws and conventions.
DP MP Carole Hartmann raised the question of what would happen if an employee lies and falsely accuses a co-worker of harassment. While the interprofessional agreement lists several disciplinary measures for such an event, the new law does not.
Meanwhile, LSAP MP and former Minister of Labour Dan Kersch stressed that the law finally takes care of a previously neglected area in labour law. This view was shared by the Green Party, the Pirate Party, and the Left Party. However, since all MPs agreed that the text could still be improved, all parties voted in favour of a motion submitted by the LSAP to evaluate and revise the law in two years.
The new bill states that if an employer’s efforts to curb harassment are ineffective, a procedure with the Inspectorate of Labour and Mines (ITM) may be initiated. In this scenario, the ITM would be in charge of conducting an investigation.
The new law also protects victims and witnesses “against any reprisals by the employer,” as the Ministry of Labour pointed out in its statement. The employee may also terminate the contract at any time.
Minister of Labour, Employment and the Social and Solidarity Economy Georges Engel concluded: “This new law highlights the government’s willingness to further address the important issue of employee health and safety in the workplace.”
Luxembourg is the last EU country to introduce a law against workplace harassment, despite the fact that the Grand Duchy has the second-highest “harassment rate” in the EU, just behind France. 667 people reported harassment in 2022, or rather “dared to report,” as Pirate Party MP Sven Clement stressed.
