New law to halt harassment in the workplace

The draft bill, which passed on 29 March, presents a clearer definition of what harassment is it to better prevent it.

The law now defines any conduct which, by its repetition or systematisation, undermines the dignity or the psychological or physical integrity of a person, to be harassment.

This implies that the employer, its customers or suppliers and the employee must refrain from any moral harassment at work. Some examples include but are not limited to:

• repeated insults, mockery or derogatory remarks,
• threats or intimidation,
• constant criticism or unjustified reprimands,
• excessive pressure or demands,
• abuse of power or authority
• psychological belittling,
• racist jokes,
• isolating or excluding the individual from certain activities or information

With this new bill, the employer is now obliged to 1) ensure that harassment ceased immediately upon finding out, and 2) protect the victim, so that the termination of harassment does not come at the detriment of the victim.
If the harassment continues, the employee or the staff delegation, with the agreement of the employee concerned, may refer the matter to the ITM via telephone (+352 247-76103) or e-mail (harcelement@itm.etat.lu).

Any person concerned can contact the ITM at any given time, either for information or to file a complaint. The case is then investigated and the victim interviewed, as well as the alleged perpetrator, and possibly other witnesses as well as the employer. A report is then submitted to the employer within 45 days of receipt of the file, explains Marco Boly, director of the ITM.

Moreover, alleged harassers and employers who remain inactive should expect sanctions, which could range from a fine from 251 to 2.500€ to more severe administrative sanctions.

The Minister of Labour is confident this new bill reassures victims to contact the newly strengthened ITM with more ease. Alleged harassers and inactive employers, on the other hand, will face tougher sanctions.